Terms & conditions
App: the MySmartwatcher App application downloaded by the User in accordance with the description of the App in the app store where the User purchased the App.
Other Users of the App: other people who also have downloaded the MySmartwatcher App on their mobile devices.
B. Functioning of the App
The App runs on a mobile device, typically a smartphone and/or smartwatch. The principal functions of the App are:
- the ability to create and maintain a personal safety network. The safety network consists of Other Users of The App whom the User invited to be his/her safety contacts (“The Wearer”), and Other Users of The App who invited the User to be their safety contact (“Helpers”)
- the ability for Helpers who receive an alert to view and track the Wearer’s location on a map
The precise functionality of the App is apparent from the description of the App and screenshots at the App store where the User purchased the App. The description of the functionality of the App in the App store or elsewhere is in no way a guarantee, warranty or representation.
C. For the User’s attention
The User takes note that:
- due to various circumstances, the functionality of the App in individual cases may be limited and thus may be unavailable in an emergency;
- the App can not replace compliance with common sense safety measures;
- impairment of the functionality of the smartphone software and of other apps due to the App cannot be excluded and the functionality of the App also may be impaired due to lack of compatibility with the mobile device;
- that continuous use of the App and the associated GPS feature of the smartphone may significantly reduce battery lifespan;
D. Warranty and limitation of liability
Warranty for this App and its associated services (in particular, but not limited to, the functionality of the App described in B) is completely excluded.
Any warranties regarding the non-infringement of third party rights is completely excluded.
To the extent permitted by applicable law, the liability of Smartwatcher Technologies AG for any damage (e.g. consequential and immediate, direct and indirect damage, damage to persons or property and pecuniary loss) through the App, its use or the transmission of data to Smartwatcher Technologies AG or third parties, or otherwise in connection with use of the App by the User or third parties, is completely excluded. In particular, Smartwatcher Technologies AG also is not liable if the App affects the functionality of the software or other apps and thus harms the User.
The exclusion of liability also applies to third parties to whom the App has been made available in violation of these terms and conditions.
This warranty and disclaimer also apply to the employees and bodies of Smartwatcher Technologies AG and its partners as well as other Users of the App.
This exclusion of liability also includes non-contractual liability.
E. Costs of a rescue operation
The User agrees to bear the costs of any rescue operation that is triggered by his/her emergency alert or by the emergency services or by a third person who tries to help or undertake a rescue operation.
The User’s obligation of reimbursement applies even if the emergency alert is caused by or due to a third party to whom the User has made the App available in violation of these terms and conditions.
F. Reaction to an alert
The User takes note that neither Smartwatcher Technologies AG nor other Helpers make any guarantees. In particular, it may be that other Helpers who receive an App notification do not take note of a potential emergency situation or are not able to determine whether an emergency exists in a timely manner.
G. Improper use of the App
The User undertakes to use this App only for purposes that do not violate these terms and conditions or applicable law and do not violate the rights of third parties.
The User undertakes to send an emergency alert only in an emergency situation and to ensure that third parties (in particular children) send no unfounded emergency alerts.
The User is obliged to use this App only for personal reasons and not to make it available to third parties.
Insofar as the User violates these terms and conditions or applicable law, the User is obliged to fully indemnify Smartwatcher Technologies AG for any third-party claims (including attorney’s fees and court costs).
H. Governing law and jurisdiction
Swiss law is applicable to this App and the terms and conditions relevant to its use. Disputes arising out of or in connection with these terms and conditions should be decided by the courts at the registered office of Smartwatcher Technologies AG.
I. Amendment of the terms
Smartwatcher Technologies AG may at any time unilaterally change the present terms and conditions without the User’s consent. Further use of the App after a change is deemed an acceptance of the change.
J. Final provisions
The User declares to have read and understood the terms and conditions to agree to them by clicking on “Accept”. Use of the App and the associated services in any event is deemed as consent to these terms and conditions.
Updated: November 7, 2022