Terms of Service

Terms of use for the app and the website “BackChecker”
scope of application

BackChecker is an application (“App”) of the Syvo GmbH (in the following: “BackChecker”), consisting of App and the website. Use of the app is permitted solely based on these conditions. We may unilaterally amend, supplement or replace these Terms of Use at any time. All changes will be communicated to you in good time before entering into force. You then have the option of objecting to the change of the Terms of Use within two months before the change takes effect. You will be informed of this right of objection in the notification. The terms of use are continuously available in the app. By the inclusion of the use, the validity of these Terms of Use in their respective version is accepted.
functionalities

Using the “BackChecker” app, up to three persons selected by you (“emergency contacts”) can be informed of an emergency by automated SMS with individualized text at a time specified by you. In addition to the emergency message, the emergency contacts receive a precise location display. The news and location data are released only in case of alarm and only for the respectively entrusted emergency contacts.

Besides, the app “BackChecker” offers no SMS or other telecommunications services.

No access to emergency services

There are important differences between the “BackChecker” app and the telephone or SMS services on your mobile and landline. The app itself does not provide access to emergency services or emergency services (such as police, fire brigades or hospitals) and does not otherwise connect to public emergency response centers. You should ensure that you or your emergency contacts can reach their respective emergency service providers through a mobile, landline or other services.

No abusive alerting of the police / no pretending of emergency and danger situations

Please be aware that the improper alerting of the police and emergency services and the pretending of emergency and dangerous situations are punishable so that unnecessary resources of the assistance are wasted and the deceived ones are hindered in case of actually necessary assistance. Please also note the information on our homepage. https://www.backchecker.de/missbraeuchliche-alarmierung/

Access data (registration, password)

The use of the app “BackChecker” requires registration and a password. Use an email address through which you can be reached. This is used exclusively to share information regarding the use of BackChecker. Advertising via this email address is not.

As a customer, you have to keep your access data secret. If you have any indication that third parties are aware of your access data, you should notify us immediately so that access to the app can be blocked or change the password via the app.

Copyright or industrial property rights
All rights to the content provided by us are ours. By downloading the app, you acquire no copyright or intellectual property rights, unless they have been explicitly granted to you.

Third-party content
The app may contain links to third party websites. We can not continuously check these linked websites or influence the content and timeliness of these websites. Consequently, we do not endorse the content of third-party websites.

Change of functionalities
We are constantly working to optimize our services. The app “BeckChecker” is being continuously developed. We reserve the right to change, add or remove features and features and, if necessary, introduce new service restrictions, especially if required for reasons of IT security, changing the technical or regulatory environment or additional service content.

Availability / Security
We strive for high availability of the app and timeliness of the information. However, disruptions to the internet, reception, force majeure, maintenance or other circumstances may limit availability.

Therefore, we do not guarantee the availability, reliability, functionality or suitability of the app for your purposes.

Liability of BackChecker
A liability is, as far as under the German Product Liability Act, due to intent, gross negligence, injury of life, body or health, due to the assumption of a quality guarantee, fraudulent concealment of a defect or breach of essential contractual obligations is imperatively excluded. Significant contractual obligations are those obligations the fulfillment of which enables the proper execution of a contract in the first place and on the compliance of which the contracting parties may regularly rely on. The compensation for breach of essential contractual obligations is limited to the contractually typical, foreseeable damage unless intent or gross negligence.

Duration / Termination

The use of the app is based on the completed subscription in the respective app stores. By a new purchase of a subscription, the use of the app can be extended. Also, each contracting party is entitled to terminate the contract without notice for important reasons.
Setting the app

The app can be shut down by us with a notice period of two months, in whole or in part. We will inform you in this case in written form.

Exclusion from the app

The app and its functions must not be used in an abusive manner. Please use the app only to the extent permitted by law and under these Terms of Use. In the event of a breach of applicable German law or these Terms of Use, we reserve the right to exclude you from using the App. If you have been suspended for violating the Terms of Use, you will not be able to re-purchase the app without our permission.

Fair use

The use of our service is subject to the fair use policy/ principle, in particular, the sending of alarm SMS. This means that the customer does not abuse the fact, that we do not want to restrict certain features, to derive a personal economic or financial advantage. We reserve the right to exclude from further use those customers who continue to use SMS beyond the normal level after warning.

exemption

In the event of any breach of these Terms of Use, you must indemnify us against claims of third parties upon the first request and assume the costs of the necessary legal defense, including all legal and attorney’s fees. This does not apply if the infringement is not your fault.

Protection of BackChecker

You must not use the app in any way that is inappropriate or unauthorized, which may affect or interfere with us, the app itself, our systems or other users. You also may not copy, modify, modify, distribute, license, sublicense, transmit, display, perform, or otherwise exploit, access, or create derivative works based on (or assisting others) to do so.

It also means that you must not do the following, either directly or through automated means:

(a) reverse-engineer, modify, modify, create derivative works of, decompile or extract code from the services provided

(b) send or transmit viruses or other harmful computer code through these services or store them on these services

(c) gain or attempt unauthorized access to the Services or Systems;

(d) the integrity or performance disturbs or disrupts the Services

(e) create accounts for the Services through unauthorized or automated means

(f) collect information in any improper or unauthorized manner

(g) sell, resell, rent or charge for services; or

(h) distribute the services over a network where they could be shared by multiple devices simultaneously.
data protection

The protection of the personal data stored in the app is important to us. Against this background, we take the usual state-of-the-art technical and organizational measures to protect the data as much as possible from access by third parties.

If there is a suspicion that the app is misused under your account, access can be blocked at any time. In this case, we will inform you.

If you have expressly consented to the use of your data, you can revoke your consent at any time in the “Settings” section of the app. In the case of a revocation, however, a full use of the app may not be possible.

Further details are regulated in the privacy policy. https://www.backchecker.de/datenschutz
miscellaneous

Should one or more provisions of these Terms of Use be or become ineffective, this shall not affect the validity of the remaining provisions.

The use of the app is subject to German law (excluding the United Nations Convention on Contracts for the International Sale of Goods, CISG).