Terms of use

Effective from: January 1st, 2019

1. Contractual Relationship
These Terms of Use (“Terms”) govern your access or use of the applications, websites, content, products, and services (the “Services”) made available by GIRITECH Ltd., 8-9 Marino Mart, Fairview, Clontarf, Dublin, D03 EF60, Ireland and its subsidiaries, representatives, affiliates, officers and directors (collectively “Heroes Nearby”). Heroes Nearby is a trading name of Giritech Ltd.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND GIRITECH LTD. In these Terms, the words “including” and “include” mean “including, but not limited to.”

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Heroes Nearby may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

IMPORTANT: BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS DECISION.

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate, region-specific disclosures (e.g. a particular city webpage on heroes-nearby.net) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Heroes Nearby may amend the Terms from time to time. Amendments will be effective upon Heroes Nearby posting such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Heroes Nearby changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Heroes Nearby written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided by e-mail (info@heroes-nearby.net). In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms agreed upon).

Heroes Nearby collection and use of personal information in connection with the Services is described in HN Privacy Statements located at heroes-nearby.net/privacy.

2. The Services
The Services comprise mobile application and related services (each, an “Application”), which enable users to call for help by sending customized SOS calls and messages and get help through Heroes network (“Heroes”), family, friends and other users of the Application who are verified as Heroes by us or by some particular organization, club or association. Unless otherwise agreed by Heroes Nearby in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

YOU ACKNOWLEDGE THAT YOUR ABILITY TO GET HELP THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH HEROES NEARBY AS A PROVIDER OF PERSONAL SECURITY SERVICES, SECURITY AGENCY OR ANY OTHER PROFESSIONAL, MEDICAL OR OTHER SERVICES CONNECTED WITH PERSONAL SAFETY, HEALTH CARE OR OTHER SIMILAR SERVICES.

License.
Subject to your compliance with these Terms, Heroes Nearby grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to:

  • access and use the Applications on your personal device solely in connection with your use of the Services; and
  • access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Heroes Nearby.

Restrictions.
You may not:

  • remove any copyright, trademark or other proprietary notices from any portion of the Services;
  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Heroes Nearby;
  • decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
  • link to, mirror or frame any portion of the Services;
  • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
  • attempt to gain unauthorized access to, or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content.
The Services may be made available or accessed in connection with third-party services and content (including advertising) that Heroes Nearby does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Heroes Nearby does not endorse such third party services and content and in no event shall Heroes Nearby be responsible or liable for any products or services of such third party providers.

Additionally, Apple Inc., Google, Inc. or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android or Microsoft Windows-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership.
The Services and all rights therein are, and shall remain, Heroes Nearby property or the property. Neither these Terms nor your use of the Services convey or grant to you any rights:

  • in or related to the Services except for the limited license granted above; or
  • to use or reference in any manner Heroes Nearby or Heroes Nearby company names, logos, product and service names or trademarks.

 

3. Access and Use of the Services
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration can require that you submit certain personal information, such as your name, address, mobile phone number, age, eyes and hair color, blood type, special body marks etc. as well as at least one valid payment method supported by Heroes Nearby. You agree to maintain accurate, complete, and up-to-date information on your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Heroes Nearby in writing, you may only possess one Account.

Text Messaging and Telephone Calls.
You agree that Heroes Nearby may contact you by text messages (including push notifications) at any of the phone numbers provided by you or on your behalf in connection with a Heroes Nearby account. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. Heroes Nearby may contact you as outlined in its User Privacy Policy, located at heroes-nearby.net/privacy.

Referrals and Promotional Codes
Heroes Nearby may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services and/or a Membership fee, or other features or benefits related to the Services. You agree that Referrals and Promo Codes:

  • must be used for the intended audience and purpose, and in a lawful manner;
  • may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Heroes Nearby;
  • may be disabled by Heroes Nearby at any time for any reason without liability to Heroes Nearby;
  • may only be used pursuant to the specific terms that Heroes Nearby establishes for such Promo Code;
  • are not valid for cash; and
  • may expire prior to your use.

Heroes Nearby reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Heroes Nearby determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Heroes Nearby Terms.

User Provided Content (except those emitted or uploaded during distress calls and from personal profiles).
Heroes Nearby may, in sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Heroes Nearby through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Heroes Nearby, you grant Heroes Nearby a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Heroes Nearby business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that:

  • you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Heroes Nearby the license to the User Content as set forth above; and
  • neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Heroes Nearby use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Heroes Nearby in its sole discretion, whether or not such material may be protected by law. Heroes Nearby may, but shall not be obligated to, review, monitor, or remove User Content, at Heroes Nearby sole discretion and at any time and for any reason, without notice to you.

This does not apply to any sensitive information transmitted or uploaded during distress call (SOS call) or any personal profile information. This sensitive information will be shared only in the moment of SOS call to recipients chosen by the user including the members of Heroes network. Everything about the use of sensitive information from SOS calls and personal profiles is outlined in User Privacy Statement, located at heroes-nearby.net/privacy.

Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Heroes Nearby does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment
You understand that use of the Services may result in membership fees and charges to you for the services or goods you receive (“Charges”). Payments within Heroes Nearby mobile application are made through Google Play or Apple Store payment services.

As between you and Heroes Nearby, Heroes Nearby reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Heroes Nearby sole discretion.

5. Heroes.
If you apply as a Hero (as an individual or through a particular organization, club or association), you understand that helping someone may result in stressful or dangerous situations. While you are in the role of a hero, you are responsible for your behavior, words and deeds. Heroes Nearby mobile and web applications and related services enable Heroes to receive media rich SOS calls (text, photos, audio, video, location) from users in distress. Heroes must not under any circumstances share, publish or misuse the information sent by other users. At the scene, Heroes must be an example of good, proper behavior and try to resolve the situation peacefully, with love and if possible without the use of violence of any kind. As a Hero, please ensure that you follow the local law. Heroes Nearby is not responsible for any property damage, injury or emotional stress that can be caused by the actions of Heroes or users. While you are in the role of a Hero, any behavior involving unnecessary violence, sexual misconduct, harassment, discrimination, or illegal activity will result in the immediate loss of access to your account.

5. Heroes Verifiers.
If you are a Hero Verifier, you understand that you suggest, verify and name the individual Heroes in your organization, club, association. People you recommend should behave in accordance with the recommendations for the Heroes described above. All Heroes in your organization should have installed our mobile app and read and accept Heroes Nearby Terms and Privacy Policy.

Heroes verifying process
Once you are a Verifier you can invite and approve your members as Heroes. The first step is to invite potential heroes in your organization which is done through the Heroes Nearby app. Once your members have installed the Heroes Nearby app, you may verify them with one tap in the app and they will be part of the Heroes Nearby Community.

The responsibility of the verifier
As a verifier, you officially represent your organization. It is up to you to make sure to invite members of your organization who embody the values of the Heroes Nearby project. The name of your organization will appear next to the name of each of these Heroes. Let your Heroes be the true protectors of your city, give back to the local community and promote your organization.

6. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HEROES NEARBY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. HEROES NEARBY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOODS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.
HEROES NEARBY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURIES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF HEROES NEARBY, EVEN IF HEROES NEARBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HEROES NEARBY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES, LIABILITY OR LOSSES ARISING OUT OF:

  • YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
  • ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF HEROES NEARBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HEROES NEARBY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HEROES NEARBY REASONABLE CONTROL.

INDEMNITY.
YOU AGREE TO INDEMNIFY AND HOLD HEROES NEARBY AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), ARISING OUT OF OR IN CONNECTION WITH:

  • YOUR USE OF THE SERVICES OR SERVICES OR GOODS OBTAINED THROUGH YOUR USE OF THE SERVICES;
  • YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS;
  • HEROES NEARBY USE OF YOUR USER CONTENT; OR
  • YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING THIRD PARTY PROVIDERS.