1.1. Definitions For the purpose of these GTCs, the following terms shall have the meaning set forth below:

• “Community”: the community of Users consisting of all Users of the Services, irrespective of their location.
• “Emergency”: any potential or concrete hazardous or dangerous situation, such as accidents, medical emergencies, missing person, natural disasters, fire, terrorist attacks, armed attacks or other aggressions.
• “Order Receipt Confirmation”: the email sent by Piko-Tech to the User confirming (i) the starting of the Free Trial as defined in section 1.5 and/or (ii) the receipt of the payment of the Subscription Fees.
• “Pairing”: the action of pairing a User account (as defined below) with another User account, by scanning a unique QR code.
• “PSAP” or “Public Safety Answering Point”: person from emergency call-office that will answer an emergency call (such as a member of police, urgencies or fire services).
• “Subscription Fees”: the monthly or yearly subscription fees, as applicable, payable by the User to Piko-Tech in order to purchase a User Subscription.
• “User Subscription”: the user subscription purchased by the User which entitles a User to access and use the Services in accordance with the Agreement.

1.2. Description of the Services

• The Services may be used to assist as User in the event of an Emergency as it may detect doubtful events such as an accident, enable automatic calls and warnings to PSAP, to the Community, and/or to persons of contact of the User. They also may enable Users, among other things, to:
  • contact PSAP (automatically in certain circumstances),
  • facilitate interactions with PSAP, with the Community, or with persons of contact of the User by sending request(s) in case of Emergency,
  • localize (and contact) family members,
  • capture digital media, and
  • bring assistance to other Users.
• In particular, and without limiting the generality of section 1.2.1, the Services may automatically report an Emergency to a PSAP (in territories where this is authorized) and may enable You to rapidly and efficiently report an Emergency and to send alerts to (i) a PSAP and (ii) the Community. The Services provide for dedicated button to be used to facilitate contact with the relevant PSAP in case of Emergency. You may also receive general safety related messages/communications from Piko-Tech.
• In case of Emergency, the Services also may enable you to provide PSAP and relevant members of the Community then located in the vicinity of the Emergency (if any) with potentially useful information in relation to You, as specified in the Privacy Policy.

1.3. Granting of license

Downloading the app is free but Piko-Tech will charge You for the use of the Services after expiry of the Free Trial as described in section 1.6 (except for the free features). In the framework of and subject to the terms and conditions of this Agreement, Piko-Tech hereby grants You a personal, fee-bearing (with respect to non-free features only), non-exclusive, limited, non-assignable, non-transferable, revocable license (without the right to grant sublicense) to use the object code version of the Services and related software in accordance with the conditions provided in these GTCs, during the entire duration of the Agreement. Piko-Tech also grants You the right to receive any update and support that Piko-Tech would provide to all Users of the Services on a general basis. Provided that You consented and subject to additional conditions to be agreed upon between the parties, Piko-Tech reserves the right to change the scope of the Services and to modify the Subscription Fees for the use of all or part of the Services, in compensation for the license or the provision of support or maintenance services, or for personalized versions of the Services.

Without prejudice to the foregoing, the User can use some of the Services selected by Piko-Tech free of charge.

Piko-Tech reserves all rights not expressly granted herein in the Services.

1.4. User Account

In order to use the Services, You must register with the Services and create a user account (the “User Account”), in the form of a “Master Account” or a “Linked Account”. When creating Your User Account, Piko-Tech will collect and process certain personal data relating to you (and Your Linked Accounts, as the case may be) in accordance with the Z-KUR Privacy Policy.

Your access to and use of the Services will vary depending on your type of User Account:

• the paid Master Account will have access to all features of the Services and its User will be able to purchase additional Master and/or Linked Account(s) licenses and will be responsible to pay the Subscription Fees for both the Master Account(s) and the related Linked Account(s), if any. The free Master Account will only have access to certain features of the Services and its User will not be able to purchase additional Master and/or Linked Account(s), unless upgraded to a paid Master Account;
• the Linked Account may be created upon payment of the Subscription Fees using a unique license number of a paid Master Account to be Paired, provided to the User of the corresponding Master Account. At the option of the User of the Master Account, certain parts of the Services may be made unavailable to the Linked Account.

Paid Master and/or Linked Account(s) can be Paired with other accounts in order to facilitate the use of the Services with relatives or wards. By Pairing your accounts together, PSAPs can identify if relatives/wards are involved in the same Emergency in order to send the most appropriate emergency unit, even if you are unconscious. Linked Accounts of underage children are automatically Paired with the corresponding Master Account and cannot be Paired with any other User Account. The corresponding Master Account can however share such Linked Account with chosen User Accounts.

In addition, Your access to and use of the Services will depend on the capabilities of Your mobile device and the mobile carrier You have for mobile service, as well as on the territory where the Emergency takes place (since certain functions may not be available and/or authorized in certain territories). PIKO-TECH IS NOT LIABLE FOR A FAILURE IN PERFORMANCE OF THE SERVICES OR ANY MEDICAL ISSUES, INCLUDING DEATH, INCLUDING DUE TO NETWORK OUTAGES, FAILURES OR OTHER INTERRUPTIONS OF SERVICE, INCLUDING ATTEMPTS TO USE THE SERVICES WHILE LOCATED IN AN AREA THAT RECEIVES LIMITED OR NO COVERAGE.

For an optimal use of the Services, it is required that You have access to the Internet and geo-tracking systems and You are responsible for obtaining such access. Piko-Tech is not liable with respect to (the origin, nature, quality and/or availability of) Your connection to the Internet and geo-tracking systems as well as any potential inability to use the Services that might be related thereto.

You may never use the User Account of another User without such User’s permission. When creating Your User Account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your User Account, and You must keep Your User Account password secure. We encourage You to use “strong” passwords (passwords of at least 10 characters in length that use a combination of upper and lower case letters, numbers and symbols) for Your User Account. You must notify Piko-Tech immediately of any breach of security or unauthorized use of Your User Account of which You become aware at myprivacy@pikotechnologies.net, and if possible, You are directed to promptly change your password. Piko-Tech will not be liable for any damage and/or loss to You or any third party caused by any unauthorized use of Your User Account. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF YOUR USER ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE SERVICES OR USE OR PROVISION OF ANY SERVICES) THAT ARE CONDUCTED THROUGH THE USE OF YOUR EMAIL AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU.

You may control your User Account and how You interact with the Services by changing the settings in your User Account. You may also deactivate and reactivate certain features when you wish so. The available features of a Linked Account are controlled by the Master Account User.

1.5. Eligibility/Minors

The creation of a Master Account by any individual under the age of 18 years old is strictly prohibited. If You are the parent or legal guardian of a minor to whom You make available the Services through a Linked Account, You assume sole and complete responsibility for the obligations hereunder and for ensuring full compliance with the terms of this Agreement.

For US Users, pursuant to 47 U.S.C. Section 230(d) as amended, and for all other Users, generally, Piko-Tech hereby notifies You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors.

By accessing, using and/or submitting Personal Data to or through a Master Account, You represent that you are at least 18 years of age or older.

UNDER 18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S USE OF THE SERVICES THROUGH A LINKED ACCOUNT, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH CHILD’S ACCESS OR USE OF THE SERVICES.

Creating an account with false information is a violation of these GTCs, including accounts registered on behalf of others or persons under the age of 18 without the consent of a parent or guardian. In the event of a breach of these age restrictions, Piko-Tech reserves the right to terminate these GTCs without advance notice, under the conditions set out in section 12 below.

1.6. Free Trial

Upon creation of the User Account and provided that the User provides full and valid contact details during its registration, the User is entitled to access the Services on a free basis (“Free Trial”) for a period of 30 calendar days, as specified during the registration process, starting from the registration (“Free Trial Period”). A Free Trial provides You access to the Services for a period of time, with details specified when you sign up for the offer.

By submitting full and valid contact details, the User (and the User of the Master Account) agrees to the Free Trial and to the application of these GTCs thereto. The User (and the User of the Master Account) will receive an Order Receipt Confirmation. At the expiration of the Free Trial Period, the User Account will be limited to the free features, as described in the webapp, unless the User of the Master Account places an order for User Subscription subject to the applicable Subscriptions Fees which will then be invoiced to the User of the Master Account on a yearly basis for the use of the Services.

In the absence of any order at the expiration of the Free Trial Period, Piko-Tech will limit the User Account to the free features, as described in the webapp. For the avoidance of doubts, during the Free Trial Period, all of the provisions of the Agreement shall apply, save as follows: (a) the User shall have no obligation to pay the Subscription Fees with respect to the Free Trial Period; and (b) the User may terminate the Agreement immediately by giving written notice to Piko-Tech at any time before the end of the Free Trial Period, in which case no liability to pay any fees will arise.

Without prejudice to the Free Trial Period, the right of withdrawal does not apply to the Services once the Subscription Fees have been paid.

All charges incurred by a User are final and non-refundable, except at Piko-Tech’s sole discretion and in accordance with the rules governing User Subscriptions. Although Piko-Tech may send You a reminder when your Free Trial is about to end, Piko-Tech do not guarantee that it will send, or You will receive, any such notifications. It is ultimately Your responsibility to know when the Free Trial will end if You decide You do not want to enter into a User Subscription.

User Subscription features, services and content may change at any time, and Piko-Tech does not guarantee any specific feature, service or content will be available for the entire Free Trial period. The rates in effect when You signed up for the Free Trial will be the same when the Free Trial ends, unless Piko-Tech notifies you otherwise. Piko-Tech reserves the right, in its sole discretion, to modify or terminate any Free Trial or Free Trial offer, Your access to a User Subscription during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a service at the same time, and Piko-Tech hereby reserve the right to limit Your ability to attempt to take advantage of multiple Free Trials.

1.7. Availability restriction and disruption

Piko-Tech reserves the right to terminate or temporarily suspend Your access to all or part of the Services in case You do not comply with your obligations pursuant to these GTCs, in particular section 2 below. In addition, the availability of the Services may be restricted or disturbed, from time to time, in the following cases:

• in case of disruption of your Internet connection, cellular or geo-tracking system;
• in case of service failure of Your own device;
• in case of temporary suspension of Your access to the Services in accordance with section 2.3;
• in case of Force Majeure. For the purpose of these GTCs, “Force Majeure” means any cause or circumstance beyond the control of Piko-Tech, including, without limitation, natural disasters, wars, pandemics, civil commotion or social conflicts; or
• during the necessary and reasonable maintenance of any equipment, software or services used by Piko-Tech (or its sub-contractors) to provide the Services.

In order to comply with local laws and regulations, Piko-Tech may restrict the use of and/or block certain features of the Services, depending on Your location. Piko-Tech will use commercially reasonable efforts to inform You of the available features in the relevant territories.

1.8. Questions

Should You have any questions relating to the Services, please contact Piko-Tech by email at info@pikotechnologies.net or by postal mail at the address PIKO-TECHNOLOGIES SA, Avenue Paul Hymans 126, 1200 Brussels, Belgium.

2.1. You agree to use the Services only for actual Emergencies.

2.2. You agree to make these GTCs and the Privacy Policy available to any User using a Linked Account.

2.3. You agree to and must provide accurate information while creating Your User Account (including but not limited to Your profile picture) and, more generally, when registering for the Services. You agree to and must ensure that Your information is kept up to date at all times. Piko-Tech may terminate or suspend Your access to the Services in case of the provision or communication of inaccurate information.

2.4. You agree to and must use the Services in compliance with applicable laws and regulations and in a manner that would be expected of a normally and diligent individual. You may use the Services only for personal and non-commercial purposes.

2.5. You may not use the Services or allow the Services to be used for: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers”, to access the Services in a manner that sends more request messages to the Piko-Tech servers than a human can reasonably produce in the same period of time by using a conventional web browser; (iii) any illegal activity or any form of communication of an improper, obscene, indecent, libelous, defamatory, menacing, offensive, undesired or unsolicited nature or which causes annoyance, distress or needless anxiety, or is contrary to public order and/or public decency or any applicable legislation concerning racial hatred or transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on the Piko-Tech infrastructure; (vi) uploading invalid data, distributing viruses, worms, or other malware or software agents through the Services or in any way disrupting communications or data storage or otherwise causing damage or destruction to the Services or restricting or impairing the use or capacity of the Services for other Users or third-parties, including by causing unnecessary overloading of the Internet through large, unwarranted data traffic flows (flooding, spamming, etc.); (vii) collecting or harvesting any personally identifiable information, including account names, from the Services and more generally any activity which may violate the privacy or personal data protection rights of other Users or third-parties; (viii) using the Services for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud or more generally performing illegal activities of any form, including criminal acts; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures Piko-Tech may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) any unlawful and/or criminal dissemination of secret or confidential information; (xiv) committing data theft or acquiring access to data or systems through the use of false keys, false codes and/or false properties or in any other illegal manner; (xv) impeding, damaging or destroying the integrity of any data, system or program; (xvi) reverse engineering, translating, disassembling, modifying, creating derivative works of the Services or any and all of its components, deriving source code from the software or violating the Intellectual Property Rights (as defined below) belonging to Piko-Tech, other Users or third-parties; or (xvi) creating illegal, unauthorized or pirated copies of any third-party products, services or information that may be available via the Services.

2.6. You are authorized to use the Services exclusively in a direct and personal way. Any indirect use by automated clients is expressly prohibited.

2.7. You are responsible to provide accurate information regarding your level of first-aid knowledge, if any. Such information is needed to determine your Level of first aid knowledge Data (as defined in the Privacy Policy).

2.8. You are solely responsible for the information that You communicate to Piko-Tech and/or via the Services and Your interactions with PSAPs and other Users, as the case may be. We reserve the right, but have no obligation, to monitor disputes between You and PSAPs or other Users, as the case may be. Piko-Tech shall have no liability with respect to Your interactions with PSAPs and other Users or for any PSAP’s, first aid responder’s, or User’s action or inaction. You agree to indemnify Piko-Tech against any liability, damage, expense, claim or cost (including reasonable legal costs) which arise from any negligent or intentional breach by You of the obligations described in this section 2. Piko-Tech does not control the information transmitted by the other Users or the PSAPs – including, without limitation, the Emergencies reports – and, consequently, does not warrant in any way the timeliness, lawfulness, accuracy, relevance, or quality of this information.

2.9. Payment Terms. When you sign up for paid Master Account, you must designate and provide information about your preferred method of payment (“Payment Information”). You agree to provide with current, valid, complete and accurate Payment Information, and you are solely responsible for keeping it up to date. You further hereby expressly authorize Piko-Tech to collect the appropriate Subscription Fees charged for the paid Master Account (if you wish to use the paid features of the Services when signing up for a paid Master Account and/or after the Free Trial Period) and the applicable fees for any other purchases you elect to make via the Services. You also expressly agree to waive your 14-day right of withdrawal at the moment You subscribe to the User Subscription to the maximum extent permitted by applicable law, so that You are able to immediately access the Services. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR USER ACCOUNT.

Unless otherwise stated, all fees due for a User Subscription are payable in advance and will be billed automatically at the start of annual User Subscription period. Unless otherwise stated, User Subscriptions will auto-renew until You elect to cancel Your access to Your User Subscription(s). All purchases of a User Subscription are final and non-refundable, except at Piko-Tech’s sole discretion and in accordance with the rules governing User Subscriptions.

Sales taxes, if applicable, are calculated using local and national rates depending on where you are located or the information you provide with respect to Your billing address. You may obtain a copy of Your invoice by sending an email to invoicezkur@pikotechnologies.net. For some methods of payment, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your method of payment. Local tax charges may vary depending on the method of payment used. Check with your provider for details.

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR EMAIL OR USER ACCOUNT TO PURCHASE ANY USER SUBSCRIPTIONS.

If You do not pay the fees or charges due for your use of a User Subscription or if a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and You do not cancel your User Account, Piko-Tech will use reasonable efforts to notify You and resolve the issue; however, Piko-Tech reserves the right to disable or terminate your access to any User Subscription or Services, and may do so with or without notice to You. If You no longer wish to subscribe to User Subscription, it is Your sole responsibility to cancel Your User Subscription, regardless of whether or not You actually use any User Account or User Subscription.

Without prejudice to the generality of the provisions of section 2, You agree not to post or transmit requests and/or other forms of communication or materials through the Services (the “User Content”) that: (i) may create a risk of harm, loss, or injury to You, other Users, any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that We deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that You do not have a right to make available under any law or under contractual relationships; (viii) contains any information or content that You know is not correct and current; (ix) violates any applicable policy; (x) interferes with other Users of the Services including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Services and deleting or revising any content posted by another person or entity; (xi) except where expressly permitted, transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services. You may not copy or use personal identifying or business contact information about other Users without their permission. You agree that any User Content that You issue or send through the Services does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Piko-Tech reserves the right, but is not obligated, to reject and/or remove any report, message or other communication that Piko-Tech believes, in its sole discretion, violates these provisions.

In addition, You (i) undertake not to knowingly report and/or issue false Emergency reports and/or other false User Content and (ii) shall exclusively be liable for any damage or prejudice of any kind to Piko-Tech, other Users, PSAPs and/or any third-parties arising of or resulting from such false Emergency reports and/or other false User Content, with respect to civil as well as criminal claims. You shall be solely responsible for Your User Content and the consequences of divulging or publishing it, and You agree that We shall assume no liability whatsoever in that respect. You understand and agree that You may be exposed to User Content of other Users that is inaccurate, objectionable, inappropriate for children, otherwise unsuited to Your purpose or illicit, and You agree that Piko-Tech shall not be liable for any damages You (allege to) incur as a result of other Users’ User Content.

Notwithstanding anything contrary stated in these GTCs, by posting or transmitting any User Content, You represent and warrant that: (a) You own or otherwise control all of the rights including without limitation, all copyrights, to your User Content or are otherwise legally entitled to post or transmit such User Content; (b) the content is accurate; (c) use of the User Content You supply does not violate these GTCs and will not cause injury to any person or entity; and (d) You will indemnify Piko-Tech and/or its parent, subsidiaries and affiliates for all claims resulting from or relating to any User Content, you supply, provide or transmit to Piko-Tech or to or through the Services. You acknowledge and agree that We have no obligation to provide You with any credit when using your User Content, but if We choose to provide You with credit, the size and placement of such credit is at our sole discretion.

We reserve the right to monitor, remove or modify the User Content for any reason and at any time, including User Content we believe violates these GTCs and/or our policies.

PIKO-TECH RESERVES THE RIGHT TO REMOVE ANY USER CONTENT, WITH OR WITHOUT NOTICE TO YOU, FOR ANY REASON WHATSOEVER.

You acknowledge and agree that (i) the Services constitute a tool aiming to help ensure Your safety and facilitating the steps to be taken in the event of Emergency and (ii) in no event, the Services shall be deemed to replace direct, human initiated (non-automated) calls to PSAPs, where possible. In addition, certain features main not be available and/or authorized in all territories.

Without limiting the generality of the foregoing, the Services may offer You an alternative way to contact emergency/police/security services in a more simple and rapid manner. However, Piko-Tech has no control whatsoever over emergency/police/security services, in particular, without limitation, regarding their availability, responsiveness and performance and therefore Piko-Tech shall assume no liability and provides no warranty of any kind in that respect.

Besides, You are free to provide, or not, first aid care according to your level of competence and Piko-Tech recommends You to follow the instructions of the emergency services (and wait for their arrival when you do not consider yourself fit to provide first aid care, even upon instructions of the emergency services). Piko-Tech shall assume no liability and provides no warranty of any kind in that respect.

Location based API is used solely to collect user location to be passed on to Emergency Services when necessary and not for any other purpose.

You agree to defend, indemnify and hold harmless Piko-Tech and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising directly or indirectly from: (i) Your use of and access to the Services, including any data or content transmitted or received by You (and any viruses, spyware, or other similar harmful or intrusive program code posted, submitted or transmitted by you to the Services or to Piko-Tech); (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damage that arise as a result of any of Your User Content or that is submitted via Your User Account; or (vi) any other party’s access and use of the Services with Your unique User name, password or other appropriate security code. We reserve the right to assume exclusive control of our defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify Piko-Tech. You agree not settle any dispute subject to Your indemnification under these GTCs without prior written consent from Piko-Tech.

The services are provided on an “as is” and “as available” basis. Use of the services is at your own risk.

To the maximum extent permitted by applicable law, the services are provided without warranties of any kind with respect to the services or their conditions, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or use by you, title, accuracy or non-infringement, and any warranties that may arise from course of dealing, course of performance or usage of trade. No advice or information, whether oral or written, obtained by you from piko-tech or its subsidiaries, agents, licensors, managers or other affiliated companies, or through the services, will create any warranty not expressly stated herein. Without limiting the foregoing and although piko-tech attempts to provide accurate information with respect to the services, piko-tech, its subsidiaries, its affiliates, and its licensors assume no liability for the accuracy or completeness of the information provided except in the case of intentional or gross negligence by piko-tech. Piko-tech does not warrant that the services will meet your requirements; that the services will be error free, available at any particular time or location or uninterrupted, in particular, operation of the services may be momentarily interrupted due to maintenance, updates or technical improvements; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components. Piko-tech does not make any warranty as to the results that may be obtained from the use of the services or the data obtained through the services or any content downloaded or otherwise obtained through the use of the services.

Piko-tech does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked website, app or service.

Because some laws do not allow certain disclaimers, some or all of the above disclaimers may not apply to you.

10.1. To the maximum extent permitted by applicable law, in no event shall piko-tech, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of revenues, profits, goodwill, use, data or other intangible losses, under any contract, negligence, strict liability or other theory arising out of or relating in any way to the services, any linked sites or any code, materials, user content, product or service licensed, accessible or usable through the services. You acknowledge that these limitations on potential liabilities and damages are an essential element in this agreement and shall apply even if any remedy fails of its essential purpose. Under no circumstances will piko-tech be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the services or your user account or the information contained therein.To the maximum extent permitted by applicable law, piko-tech assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third-party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content transmitted or otherwise made available through the services; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third-party. Your sole remedy for dissatisfaction with the services, including any materials, user content, products or services available in the services, or any linked sites is to stop using the services, the materials, user content, products, or linked sites, as applicable.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. To the extent permitted by applicable law, any additional legal rights which you may have as a consumer remain unaffected by these terms.

10.2. To the extent that piko-tech provides the services free of charge (for example during a test or free trial period, or when you only use the free features of the services), (I) any liability of piko-tech for negligence or breach of these gtcs is excluded and (ii) notwithstanding anything else to the contrary contained in this section 10 or elsewhere in these gtcs, in no event will piko-tech’s total cumulative liability to you – whether in contract or in tort or however otherwise arising – including any direct damages and all liabilities, costs, and expenses incurred by piko-tech in performance of its indemnification obligations arising from this agreement, exceed an amount of eur 1 (one euro). The existence of more than one claim will not enlarge or extend this limit.

10.3. To the extent the services would not be free of charge, and notwithstanding anything else to the contrary contained in this section 10 or elsewhere in these gtcs, in no event will piko-tech’s total cumulative liability to you – whether in contract or in tort (including negligence) or however otherwise arising – including any direct damages and all liabilities, costs, and expenses incurred by piko-tech in performance of its indemnification obligations arising from this agreement, exceed an amount corresponding to the aggregate amounts paid by you to piko-tech under this agreement during the twelve (12) months’ period immediately preceding the occurrence of the event giving rise to liability. The existence of more than one claim will not enlarge or extend this limit.

10.4. The limitations of liability contained in this section 10 apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if piko-tech has been advised of the possibility of such damage. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

10.5. The sections 10.2 and 10.3 apply independently of the legal basis to all Your claims, in particular to claims regarding the infringement of proprietary rights of third-parties, breaches of contract or tort. Furthermore, to the extent permitted by applicable law, Your claims with respect to defects are excluded.

10.6. For the avoidance of doubt, Piko-Tech will not be liable for any failure/delay in performing the Services to the extent that this failure/delay is the result of Force Majeure as defined in section 1.7(iv) and that such failure/delay could not have been prevented or overcome by Piko-Tech acting reasonably and prudently. Piko-Tech is subject to an obligation of means in the framework of the provision of the Services and in no event to an obligation of results.

10.7. Nothing in this section 10 shall (i) limit or exclude Piko-Tech’s liability for death or personal injury arising as a result of its negligence or (ii) exclude Piko-Tech’s liability for fraud, fraudulent misrepresentation, gross negligence or willful misconduct.

10.8. Releases. If you are a resident of a jurisdiction that requires a specific statement regarding release, then the following applies. For example, california residents must, as a condition of this agreement, waive the applicability of california civil code section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

10.9. To the extent permitted by applicable law, you acknowledge and agree that we offer the services and set the subscription prices in reliance upon the above warranty disclaimers, releases, and limitations of liability set forth in these gtcs, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk and form an essential basis of the bargain between you and piko-tech. We would not be able to provide the services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

FOR OUR SERVICES TO FUNCTION PROPERLY, THE USE OF A SMARTPHONE WITH THE FOLLOWING MINIMUM REQUIREMENTS IS ADVISED:

Sensors used :

1. -Accelerometer : Used for shock/fall detection
2. -Gyroscope : Used for shock/fall detection
3. -Magnetometer : Not sure but think it's about finding travel direction or altitude or fall speed
4. -MotionSensor : Also detects shock/fall and type of activity (run, bike, car, etc.)
5. -Location(GPS) of course : Track and get user location to send help

You agree that these GTCs and the Services will be governed solely by the laws of Belgium, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to the conclusion, validity, interpretation or performance of these GTCs and/or the Agreement and/or ulterior agreements that could arise therefrom, as well as any dispute relating or in connection with these GTCs, the Agreement and/or the Services, will be under the exclusive jurisdiction of the competent French speaking courts of Brussels, Belgium, without prejudice to Article 624, 1°, 2° and 4° of the Belgian Judicial Code and Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

For US residents only:

Statute of Limitations

Any claim or cause of action arising out of or related to these GTCs, the Privacy Policy, use of the Services, Your User Account, and/or Your User Content (collectively, “Disputes”) must be filed within one (1) year after such Dispute arose regardless of any statutes or law to the contrary. In the event any Dispute is not filed within such one-year period, such Dispute is forever barred.

Venue and Dispute Resolution

These GTCs, the Privacy Policy and any Disputes (in each case whether in contract, tort, common or statutory law, equity or otherwise) are governed by and construed in accordance with the laws of the State of New York, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. All Disputes between You and Piko-Tech shall be exclusively resolved in a court of competent jurisdiction located in the County of New York, New York, and You and Piko-Tech (for US matters, only) agree to the personal and exclusive jurisdiction of such court(s).

Each party (piko-tech and you) acknowledges and agrees that any dispute is likely to involve complicated and difficult issues, and therefore it knowingly, irrevocably and unconditionally waives any and all rights it may have to demand that any dispute be tried by a jury. You acknowledge that this jury trial waiver may deprive you of an important right and you have knowingly and voluntarily agreed to waive such right.

Class action waiver – to the fullest extent permitted by applicable law, no dispute under the terms shall be joined to any other dispute, including any dispute involving any other current or former user of the services, and no class action proceedings or any proceedings in which either party acts or proposes to act in a representative capacity shall be permitted. Proceedings to resolve or litigate (if applicable) a dispute in any forum will be conducted only on an individual basis.

Class Certification Opt-Out

You have the right to opt-out and not be bound by the class, collective, and representative action waiver provisions set forth herein above by sending written notice of Your decision to opt-out to the following address: PIKO-TECHNOLOGIES SA, Avenue Paul Hymans 126, 1200 Brussels, Belgium, Attention: Legal Department. The notice must be sent within 30 days of the earlier of commencing use of the Services. Otherwise, You shall be bound by the above Class Action Waiver, in accordance with the terms herein.

12.1. The Agreement begins on the acceptance of these GTCs and will remain effective until terminated in accordance with this Agreement. You may terminate the Agreement at any time, by sending an email at info@pikotechnologies.net or a postal mail at the address PIKO-TECHNOLOGIES SA, Avenue Paul Hymans 126, 1200 Brussels, Belgium. However, you acknowledge and agree that the perpetual license granted by you in relation to Your User Content is irrevocable and will therefore continue after expiry or termination of any of the GTCs for any reason.

12.2. We may, without prior notice: change the Services; stop providing the Services or features of the Services, to You or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend Your access to the Services without notice for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. In case of termination of Your access to the paid Services by Piko-Tech without cause, Piko-Tech’s liability to You is limited to an amount corresponding to the paid Subscription Fees pro rata temporis (i.e. that portion of the Subscription Fees you paid for the period post termination or suspension). To be entitled to such reimbursement, You must send us a request by email at info@pikotechnologies.net or by postal mail at the address PIKO-TECHNOLOGIES SA, Avenue Paul Hymans 126, 1200 Brussels, Belgium. To the extent that Piko-Tech provides the Services free of charge (e.g. during the Free Trial Period or, after such period, if You only use the free features of the Services), Piko-Tech has the right to terminate the Agreement at any time and without any liability.

12.3. You may cancel/delete your user account with or without providing any reasons. To delete your user account, you will find a "Delete" option in the Z-KUR app and the webapp. Through this option, you can delete your account immediately from the Z-KUR systems after following a series of steps. On deletion of your user account, you won't be able to log in to the Z-KUR app or the webapp and will all lose access to all purchased licenses.

12.4. Without prejudice to sections 12.2 and 12.3, each party also has the right to terminate the Agreement by written notice (email suffices) in the event that the other party commits a material breach of its obligations, which, in the case of a breach capable of remedy, is not remedied within three (3) days of service of a notice specifying the breach and stating the intention to terminate the Agreement if not remedied.

12.5. Termination or expiry of this Agreement shall be without prejudice to any rights, liabilities or remedies accrued before termination nor shall it affect any provision of these GTCs which is expressly intended to come into or continue in force after termination or expiry of the Agreement, in particular, without limitation, the sections 4, 8, 9, 10, 11 and 12.

IF YOU ARE ACCESSING THE SERVICES ON AN APPLE IOS DEVICE (an “iOS Application”), (a) Piko-Tech grants You a non-transferable license to use the iOS Application on any iPad, iPhone or iPod touch, as applicable, that You own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service, and (b) these GTCs are expressly between you and Piko-Tech only, and not with Apple, and Piko-Tech, not Apple, is solely responsible for the iOS Application and the content thereof, (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application, (d) in the event of any failure of the iOS Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the iOS Application to You (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Piko-Tech’s sole responsibility; (e) Piko-Tech, not Apple, is responsible for addressing any claims by You or any third party relating to the iOS Application or Your possession and/or use of the iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third party claim that the iOS Application or Your possession and use of the iOS Application infringes that third party’s intellectual property right, Piko-Tech not Apple, will be solely responsible for the investigation, defense, settlement and/or discharge of any such intellectual property infringement claim; and (g) if You use an iOS Application, then Apple, and Apple's subsidiaries, are third party beneficiaries of these GTCs, and, upon your acceptance of these GTCs, Apple will have the right (and will be deemed to have accepted the right) to enforce these GTCs against You as a third party beneficiary thereof.

IF YOU ARE ACCESSING THE SERVICES ON AN ANDROID DEVICE, Google may, at any time and without notice, restrict, interrupt, or prevent use of the Services, or delete the Services from Your Android device(s), or require Piko-Tech to do any of the foregoing, without entitling You to any refund, credit, or other compensation from Piko-Tech or any third party (including, but not limited to, Google or Your network connectivity provider). Further, (a) Piko-Tech, and not Google, is solely responsible for the Serviceq and the license granted herein; (b) Google has no obligation to provide maintenance and support for the Services; (c) the Google Play marketplace is owned and operated by Google Inc., and Your use of Google Play is governed by legal agreements between You and Google, not Piko-Tech; and (d) Google is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by You or any third party for allegations relating to the Services, or Your possession and/or use of the Services, including but not limited to: (i) consumer protection or similar legislation; (ii) any failure of the Services to comply with applicable legal or regulatory requirements; or (iii) infringement of third party intellectual property rights.

14.1. Assignment: You may not assign, transfer, charge or license the whole or any part of Your rights and/or obligations under the Agreement to any third-party. Any attempted transfer or assignment by You in violation hereof shall be null and void.

14.2. Notification: Any notice to be given under this Agreement will be in written form, an email being sufficient. You shall send any notice by email at info@pikotechnologies.net or by postal mail at the address PIKO-TECHNOLOGIES SA, Avenue Paul Hymans 126, 1200 Brussels, Belgium. Piko-Tech will send You any notice to the email address or mobile telephone number You provided during the creation of Your User Account (as subsequently updated by You, as the case may be) or, as the case may be, via the Services. Piko-Tech is not responsible for any automatic filtering You or Your network provider may apply to email notifications that We send to the email address You provide us.

14.3. Amendment: Piko-Tech expressly reserves the right to amend these GTCs and You undertake to review periodically the GTCs as published and accessible on the Services. Piko-Tech will take Your legitimate interests into consideration when amending the GTCs. You will be notified in case of material modification of these GTCs. You will then have to accept these modifications to keep on using the Services.

14.4. Export Restrictions. The Services may be subject to United States and/or other jurisdiction’s export controls. No software or application, including the app, may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. and/or other relevant jurisdictions have embargoed goods or which is subject to other applicable U.S. and/or other jurisdictions’ trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software or application, including the app, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside, regardless of whether such transmission is permitted under these GTCs or by applicable law.

14.5. No Partnership. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these GTCs.

14.6. Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

14.7. Admissibility. Piko-Tech’s performance of these GTCs is subject to existing laws and legal process, and nothing contained in these GTCs is in derogation of Piko-Tech’s right to comply with governmental, court, and law enforcement requests or requirements relating to Your access, registration and/or use of the Services, or information provided to or gathered by Piko-Tech with respect to such access, registration and/or use. A printed version of these GTCs and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these GTCs to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

14.8. Correspondence Language. All correspondence with Piko-Tech relating to these GTCs the Privacy Policy, and any other Piko-Tech policies must be written in the English language or in one of the local languages of your jurisdiction.

14.9. Notice for California Residents If You are a California resident, You may have these GTCs mailed to you electronically by sending a letter to PIKO-TECHNOLOGIES SA, Avenue Paul Hymans 126, 1200 Brussels, Belgium with Your email address and a request for these GTCs.

Under California Civil Code Section 1789.3, California Service Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

14.10. Entire Agreement: You confirm that these GTCs, the Piko-Tech Privacy Policy and the Agreement, together with any amendments and any additional agreements You may enter into with Piko-Tech in connection with the Services, shall constitute the entire agreement and understanding between You and Piko-Tech and that they supersede all previous agreements, arrangements and understandings between You and Piko-Tech relating the same subject matter. You confirm that You have not relied upon any statement, representation or understanding that is not an express term of these GTCs and that You shall not have any remedy in respect of any statement, representation or understanding which is not an express term of these GTCs.

14.11. Severability: If any provision of this Agreement is found invalid, unlawful or unenforceable in any jurisdiction by a court or authority of competent jurisdiction, such provision shall be deemed not to be part of these GTCs. This shall not affect the validity, lawfulness or enforceability of (i) that provision in any other jurisdiction as well as (ii) the remaining provisions of this Agreement, which shall remain in full force and effect.

14.12. No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Piko-Tech’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver shall be express and in writing.

14.13. Contact: Please contact us at info@pikotechnologies.net should you have any questions regarding the Agreement.