General Terms and Conditions of HandHelp UG (limited liability)
1. scope of application
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the use of the software for mobile devices (hereinafter referred to as “Apps”) provided by HandHelp UG (limited liability), Sachsendorfer Straße 5, 03051 Cottbus (hereinafter referred to as “HH”). You can reach us by phone: +49 (0) 355 54788905, fax: +49 (0) 355 86697930 and e-mail: firstname.lastname@example.org.
These TOS apply to the following Apps:
– HandHelp™ – Life Care
– WIS™ Emergency
For details on the difference between the apps, please refer to section 7.
Please read these T&Cs of the App(s) carefully before registering or downloading and using the App(s).
Use of the app(s) is only permitted if you agree to these GTC. With your confirmation of these GTC, a contract on the use of the App(s) is concluded between you and HH. If you have any questions about the meaning of individual provisions in the GTC, please feel free to contact us via the aforementioned communication channels.
2 Subject of the Apps / Functional Description
2.1 The apps enable the initiation of rescue measures in emergencies. The Apps offer the possibility, at the touch of the HandHelp™ “HELP ! -button” of HandHelp™, to trigger emergency messages. The emergency message is transmitted to up to five recipients (trusted persons / ICE) to be determined by the user (w/m/d). This is done by an SMS with text and location message, date, time, the emergency type and number of persons. When sending e-mails, a photo and audio/voice documentation encrypted with a generated password is also transmitted with the personal and health-related data voluntarily deposited by the user. The trusted persons should always be deposited with mobile phone number and e-mail as contact. Furthermore, the following information is available in the e-mail: E-mail address and optionally a video telephony ID from the user and the battery status of the end device. The user also receives an SMS and e-mail as acknowledgement.
2.2 In addition, optional emergency centers (police, fire / rescue services) receive a voice SMS on the landline number, which includes an automated text message including the user’s callback number, and an emergency fax with all the information from the above email.
2.3 The emergency messages can also be used as a witness for the protection of fellow citizens.
2.4 By pressing the HELP ! – button by the user, two emergency buttons are initially available to the user in principle:
The blue button is to be pressed when an emergency message is to alert the police.
The red button must be pressed if an emergency message is to alert the fire / rescue services.
2.5 In addition, the “Me” and “Other” keys are available. By pressing the “Me” key, the user makes it clear that the emergency is his or her own, i.e. that he or she is directly affected. By pressing the “Others” button, the user makes it clear that it is an emergency for fellow citizens and that the user is therefore acting as a witness.
2.6 Pressing the blue “Me” emergency button automatically notifies the trusted third parties stored by the user in the app and optional police control centers according to automated text specifications. These emergency messages can be transmitted via SMS and e-mail according to user-defined settings of the app. Depending on the user-defined setting, the user’s position is automatically transmitted via GPS/GSM/WLAN and, if applicable, beacons, as well as a photo incl. sound/voice documentation of the emergency situation. At the same time, this information is transmitted to the user’s private e-mail as well as to optional police control centers including the personal and health-related information voluntarily stored by the user in the app additionally as a fax.
2.7 Pressing the blue “Other” emergency button automatically notifies the trusted third parties stored by the user in the app as well as optional police control centers according to automated text specifications. These emergency messages can be transmitted via SMS and e-mail according to user-defined settings of the app. Depending on the user-defined setting, the user’s position is automatically transmitted via GPS/GSM/WLAN and, if applicable, beacons, as well as a photo incl. sound/voice documentation of the emergency situation. At the same time, this information is transmitted to the user’s private e-mail and to optional police control centers, including the personal and health-related information voluntarily stored by the user in the app, additionally as a fax.
2.8 When the red emergency button “Me” is pressed, the trusted persons stored by the user in the app and optional fire / rescue service control centers are automatically notified according to automated text specifications. These emergency messages can be transmitted via SMS and e-mail according to user-defined settings of the app. Depending on the user-defined setting, the user’s position is automatically transmitted via GPS/GSM/WLAN and, if applicable, beacons, as well as a photo incl. sound/voice documentation of the emergency situation. At the same time, this information is transmitted to the user’s private e-mail and to optional police control centers, including the personal and health-related information voluntarily stored by the user in the app, additionally as a fax.
2.9 When the red “Other” emergency button is pressed, the trusted persons stored by the user in the app and optional fire / rescue service control centers are automatically notified according to automated text specifications. These emergency messages can be transmitted via SMS and e-mail according to user-defined settings of the app. Depending on the user-defined setting, the user’s position is automatically transmitted via GPS/GSM/WLAN and, if applicable, beacons, as well as a photo incl. sound/voice documentation of the emergency situation. At the same time, this information is transmitted to the user’s private e-mail as well as to optional police control centers including the personal and health-related information voluntarily stored by the user in the app additionally as a fax.
2.10 After the app has been set as standard, the function of suppressing the automatic transmission of call numbers to prevent misuse of emergency messages is blocked by the system. The user shall be solely liable for the consequences of any manipulation to circumvent the call number transmission.
2.11 In the event of a change of terminal device within the same operating system or SIM card, the User may reinstall his App on the respective App Store. The contractual relationship shall continue to exist.
2.12 To ensure the flawless and complete use of the app(s), it is the User’s responsibility to keep the end device with the activated location functions ready for operation at all times and to pay attention to the battery charge level. All functions of the app(s) cannot be accessed when the end devices are switched off.
3. downloading and using the app(s) – principles
3.1 The App(s) can be operated with the iOS and Android operating systems. The prerequisite for use is that the User downloads the App(s) from the Google Play Store or the Apple App Store (hereinafter each referred to as “App Store”). This requires an Apple ID or a Google account and the terms of business or use of the App Store from which you download the App apply.
3.3 When downloaded from the Apple App Store, HH is the App provider and the App is a third party App. Therefore, HH is solely responsible for the content of the App, the warranty, and for any claims You may have with respect to the App. Apple has no obligation to provide any maintenance or support services with respect to the App(s).
3.4 When downloading from the Google Play Store, depending on the country in which the App is made available, Google may be your contractual partner with respect to the App. However, HH is responsible for any defects or performance issues with the App, including, without limitation, any warranty or claims you may have with respect to the App. Google has no obligation to provide any maintenance or support services with respect to the App(s).
3.5 As a User, you must ensure that the technical requirements specified in the App Store for downloading and using the App on your terminal device are met. The User undertakes to use the App only in the latest version available in the respective App Store (see also section 9.2). A new version is not associated with additional costs for the user. Information on the respective current version can be found in the respective App Store.
3.6 Downloading the apps is free of charge for the User. The costs for using the app are governed by Section 7 of these GTC.
4 Use of the app(s)
In order to use the app(s), the User must create a personal user account. Only one user account may be created per user. For the registration process in the app(s), the user fills out a registration form. Certain data will be requested in the process.
The user is obliged to provide all information correctly, completely and truthfully.
4.2 No commercial use / no passing on of content
The app(s) are aimed exclusively at consumers. The app(s) may only be used for personal and not for commercial purposes. Passing on the content is expressly prohibited without the express consent in text form of HH.
5. further developments
HH strives to continuously develop the App(s). Therefore, individual functionalities may also be adapted during an ongoing subscription period. In doing so, HH will take into account the legitimate interests of the user. In particular for users with subscriptions, HH will ensure that the change essentially preserves the original relationship between performance and consideration, so that the change is reasonable for the user. A valid reason for a change in the service exists in particular if new technical developments make a change in the service necessary because the service can no longer be provided in the previous contractually agreed form or if newly enacted or amended statutory or other official or sovereign requirements necessitate a change in the service. A valid reason for a change in the service shall also exist if the change is necessary in order to take account of technical progress or to make technical adjustments and/or to ensure the future functionality of the service.
In the event of technical faults or questions regarding the app, the user can contact the HH support hotline from Monday to Friday from 10:00 – 16:00: +49 (0) 355 54788905, whereby only the costs for the use of the user’s telecommunications service are incurred. Furthermore, we are available at the following e-mail: email@example.com.
7. costs of the app, sales tax, payment processing
7.1 Free use
With the free basic version of HandHelp™ – Life Care, up to 5 (five) trusted persons / first responders can be alerted.
The paid premium version HandHelp™ (see following section 7.2) allows the emergency call additionally directly to police and fire / rescue services in German-speaking countries (Germany, Austria, Switzerland, Lichtenstein) and in other countries to the responsible embassies, consulates, foreign offices. The free version WIS™ Emergency has been developed especially for deaf people and has the additional possibility to send the emergency call in sign language to sign language interpreter centers via video telephony.
7.2 Chargeable Use
7.2.1 In the Premium Version HandHelp™ all described services can be used without restrictions. The Premium Version is available as a monthly subscription for 1,99 € / month and as an annual subscription for 19,99 € / year. The User can obtain both Premium Versions as an ad-free in-app purchase in the respective app store and – subject to a restriction in the terms and conditions of Apple or Google – install them on his end devices (smartphone/tablet) linked to the relevant Apple ID or Google account without additional in-app purchases.
7.2.2 The User may test the respective premium full version of HandHelp™ for 7 days free of charge.
The User will immediately receive the full range of functions and can cancel at any time during the trial period in his App Store. In this case, there are no costs for the user and the possibility to use the full range of functions ends with the end of the free trial period.
7.2.3 The termination option under Section 7.2.2 is in addition to the statutory right of revocation under Section 8 and the right of revocation shall not be affected thereby. The User may give notice of termination in his App Store independently; the User may address the notice of revocation to the respective recipient specified in section 8.1 or 8.2.
7.2.4 After expiration of the free trial period, the contract may be terminated at any time at the end of the respective subscription period (month or year) in the respective App Store, otherwise the contract shall be automatically extended in accordance with the subscription period selected by the User.
7.2.5 HH shall have a special right of termination vis-à-vis the User in the event of frequent cases of misuse by the User. An accumulation of cases of misuse is assumed if there are three or more cases of misuse reported by emergency centers (police, fire / rescue services, embassies, etc.). If the special right of termination is exercised, HH is entitled to immediately block or delete the rights of use and thus all services. In this case, there shall be no claims for reimbursement against HH.
7.3 Value Added Tax
All prices include the statutory value added tax, if applicable.
7.4 Costs for Internet access
The User may incur costs for Internet access (as well as mobile phone or roaming charges, if applicable) depending on his Internet provider.
8. right of revocation
9.1 The general statutory warranty rights apply.
9.2 HH points out that the functions of the App(s) can only be used for the specified purposes in each case. Malfunctions caused by improper handling by the User, for example for use for other purposes, do not constitute a defect giving rise to warranty obligations. It is the sole responsibility of the user to keep his end device in a condition that allows the use of the services offered by HH. HH is therefore not liable for damages if, for example, the user has not kept his end device in a functional condition or the user has not ensured a sufficient supply of power to his end device. Further developments of the app(s) as well as the elimination of any errors will be taken into account by providing free updates. We recommend that you use the setting for automatic updates of the respective app store. HH’s liability for damages resulting from an old version is excluded to the extent that at the time of the damage-causing use of the old App version, a more current version was generally available that did not contain the element causing the damage.
9.3 HH is not liable for services of third parties (e.g. mobile phone providers, network operators and other service providers). HH points out that neither the impairment nor the failure of transmission technologies can be excluded by HH.
9.4 The user is responsible for the correctness of the deposit of his personal data as well as for the data of his trusted third parties. The user may only use contact addresses of persons as recipients for emergency messages who agree to the sending of such emergency messages. If a recipient of an emergency message claims that he or she did not agree with the sending and asserts rights against HH, HH shall not be liable for any damages incurred due to incorrect or outdated contact data of the User.
9.5 HH shall not be liable for any damage caused by the User due to force majeure. “Force Majeure” means any event or circumstance beyond the possibility of HH’s control.
9.6 HH shall be liable without limitation for intent and gross negligence and for injury to life, body and health. HH shall only be liable for ordinary negligence in the event of a breach of material contractual obligations or the breach of a warranty. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose fulfillment the contractual partner has relied and could also have relied. In the event of a slightly negligent breach of material contractual obligations, the amount of liability shall be limited to the foreseeable, typically occurring damage. Liability under the Product Liability Act shall remain unaffected.
9.7 The above limitations or exclusions of liability shall also apply with regard to the liability of HH’s employees, representatives and vicarious agents, in particular also in favor of the owners, employees, representatives, bodies and their members, which affects their personal liability.
9.8 Any liability of HH exceeding the liability according to clause 9 of these GTC is excluded. Guarantees in the legal sense are not assumed by HH.
10 Reference to consequences of an unfounded emergency call
Intentionally or knowingly placing an unfounded emergency call constitutes a criminal offense in Germany (Section 145 of the German Criminal Code). Misuse may also give rise to liability for damages to the organizations involved and others. Misuse is similarly punished in other countries.
11. data protection
12 Copyright / Intellectual Property
12.1 The App(s) and the content contained therein are the property of HH or the property of third parties who have granted HH a corresponding license.
12.3 If a third party asserts claims that the use of the App(s) infringes intellectual property rights of this third party, HH alone and not the respective App Store is responsible for investigations, defense, settlement and resolution of such claims for infringement of intellectual property.
13. online dispute resolution platform / consumer arbitration board
13.1 The EU Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr.
13.2 We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
14 Changes to the GTC
14.1 HH reserves the right to amend these GTC for existing contractual relationships with effect for the future, insofar as this is necessary for a valid reason that was not foreseeable at the time the contract was concluded, and insofar as the amendment preserves the original relationship between performance and consideration, so that the amendment is reasonable for the User.
14.2 A valid reason for the amendment of these General Terms and Conditions of Contract shall exist in particular if this is necessary to adapt to developments which HH has not caused and the non-consideration of which would disturb the balance of the Contract to a not insignificant extent. Furthermore, good cause shall be deemed to exist insofar as the adjustment closes loopholes in the provisions that arose after the conclusion of the contract and cause not insignificant difficulties in the performance of the contract, if case law on the validity of provisions changes, if one or more provisions of these General Terms and Conditions of Contract (or comparable provisions) are declared invalid by case law or if a change in the law leads to the invalidity of one or more provisions of these General Terms and Conditions of Contract.
14.3 Planned changes to the General Terms and Conditions for an ongoing contractual relationship shall be communicated to the User in text form, clearly highlighting the changes, at least six weeks before they are scheduled to take effect, and the User shall be asked to consent to the new version of the General Terms and Conditions. If the User does not agree to the amendment within six weeks, HH shall be entitled to terminate the contract in writing or text form (e.g. by letter or e-mail). The user will be specifically informed of this in the notification of change. If the termination becomes effective during an ongoing paid subscription, HH will refund the costs for the remaining subscription period on a pro rata basis.
15 Applicable Law
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer and have your habitual residence in another country at the time of the conclusion of the contract, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
16 Status of the General Terms and Conditions
The status of these General Terms and Conditions is August 25, 2021.
Preparation of the GTC: Attorney Thorsten Reh (MEDIAS REHS)