Terms of Use «echoSOS»

As of 25 January 2021

1. Scope

  • 1.1 These Terms of Use govern the subscription and use of the application “echoSOS” (hereinafter referred to as App) by users (hereinafter referred to as User) and shall be deemed an integral part thereof.
  • 1.2 The app is provided by Ubique Health GmbH.

2. Purpose

  • 2.1 The app allows calling local emergency numbers based on the region in which the User is located.
    • 2.1.1 When calling, the exact location of the user is automatically provided, which can be viewed using the phone number on echosos.com.
    • 2.1.2 For command centres connected to the echoSOS system, the user’s location is displayed directly.
    • 2.1.3 Both the location and the phone number used are stored in the system for one hour after the call, after which the phone number of the call is deleted.
  • 2.2 The app allows the user to set up a personal emergency passport and to store the associated QR code as background on the lock screen.
    • 2.2.1 When the user is admitted unconscious to a partner hospital with EchoID technology, the emergency passport can be read by staff via Bluetooth.
    • 2.2.2 When an unconscious user is rescued by rescue workers who are not connected to EchoID technology, the emergency passport data can be read via the Echo-ID QR code on the lock screen.

3. Conditions of Access and Use

  • 3.1 By accessing the app, the user declares to have understood and acknowledges the following terms and legal information in connection with the app (and the elements contained therein). If the user does not agree with these conditions, the use of the app must be waived.
  • 3.2 The detailed access authorisations to personal data are set out in the separate data protection declaration.

4. Functions of the App

  • 4.1 By using the app, users can:
    • 4.1.1 Identify, call and transmit their location to local emergency services worldwide.
    • 4.1.2 Query regional emergency numbers and other medical services (e.g. locations of defibrillators) when staying in the respective partner regions.
    • 4.1.3 Set up and manage a personal emergency card
  • 4.2 The app performs the following functions using the user’s mobile phone hardware and operating system:
    • 4.2.1 Emergency call
      • In case of an emergency, the user launches the App to make an emergency call.
      • The app sends the user’s position to echosos.com.
      • The app sends an emergency call to the local emergency service.
      • The user informs the emergency service employee that his position can be found on echosos.com.
      • The emergency service worker finds the user’s exact position on echosos.com
      • Based on the transmitted exact position of the user, the emergency services can initiate the rescue quickly and efficiently.
      • The app shows the user the addresses and coordinates of emergency services in the vicinity.
      • The location data is transmitted to the contacted emergency service via mobile data or via SMS.
      • The app uses location tracking, geolocation and the user’s telephone number for this purpose. Detailed explanations are given in the separate privacy policy.
    • 4.2.2 Emergency card:
      • When an unconscious user with an emergency card is admitted to a partner hospital with EchoID technology, hospital staff can view the emergency card. Bluetooth must be activated for this.
      • When rescuing an unconscious user with an emergency card by a partner rescue service without EchoID technology, rescuers can view the emergency card. For this purpose, the EchoID QR code must be stored in the lock screen.
  • 4.3 Personalisation
    • 4.3.1 In addition to the local emergency services and the emergency contacts in the emergency card, the user can add the emergency numbers relevant to him/her to the quick dial. The following categories of emergency contacts are possible:
      • Emergency services of the country in which the user is staying.
      • In Switzerland: telemedicine services and regional services of affiliated partners.
      • Personal emergency numbers

5. Users’ Duty of Care

  • 5.1 Technical access to the app is the responsibility of the user.
  • 5.2 For the user’s own device, the user is obliged to take the necessary security precautions and to protect it against unauthorised access by third parties and against malware.
  • 5.3 The user’s attention is hereby drawn to security risks arising from the use of the Internet and Internet technologies.
  • 5.4 The User is obliged to keep the app up to date and to make updates (“Updates”). There are no claims to the use of a specific version of the software.
  • 5.5 The User is obliged to check data entered by him/her for completeness and correctness.
  • 5.6 The user is responsible for ensuring that applicable legal provisions and the terms of use are complied with when using the app.

6. Liability and Warranty

  • 6.1 Although Ubique Health GmbH takes all due care to ensure the accuracy of the information, content and messages published in the app, no warranty can be given with regard to their correctness, accuracy, timeliness, reliability and completeness.
  • 6.2 Ubique Health GmbH expressly reserves the right to change, delete or temporarily not publish information and content in whole or in part at any time without notice.
  • 6.3 Any liability claims against Ubique Health GmbH for damages, including consequential damages of a material or immaterial nature, which may arise, for example, from access to or use or non-use of the app and its information, content and messages, through misuse of the connection, through technical faults or through breach of the user’s duty of care, are excluded.
  • 6.4 Any action or conduct taken on the basis of the information, content and messages of the app is the responsibility and risk of the user. Ubique Health GmbH does not assume liability for any resulting damages.
  • 6.5 Liability for auxiliary persons and third parties is excluded.
  • 6.6 Ubique Health GmbH assumes no responsibility and gives no guarantee that the functions and use of the app will be available continuously and uninterruptedly, that they will be free of errors and malfunctions or that errors will be corrected or that the servers are free of viruses or other harmful components.
  • 6.7 Ubique Health GmbH is entitled to interrupt or stop the use of the app at any time.
  • 6.8 Contents from references and links to third party websites are outside the responsibility of Ubique Health GmbH. Ubique Health GmbH does not assume any liability for the existence, the content or the correctness of this information. The access and use of these websites is at the user’s own risk. Ubique Health GmbH expressly declares that it has no influence on the design, content and offers of the linked websites. Information and services of linked websites are entirely the responsibility of the respective third party. Any responsibility for such websites is declined.

7. Data Protection

  • 7.1 Aspects of data protection are set out in the separate data protection declaration.

8. Termination of Use

  • 8.1 The use of the app can be terminated by the user at any time by deleting or uninstalling it from the mobile phone.

9. Copyright and Intellectual Property

  • 9.1 The echoSOS trademark and related artefacts are the intellectual property of Ubique Health GmbH and are subject to its copyright.
  • 9.2 The Feather icons used on the echoSOS website are copyrighted by Cole Bemis (feather/LICENSE at master - feathericons/feather - GitHub).

10. Final Provisions

  • 10.1 Ubique Health GmbH reserves the right to change and amend the terms of use at any time. The new conditions will be communicated to the users in advance and in an appropriate way and are considered as accepted without objection within one month.
  • 10.2 Should any provision in the Terms of Use be void or ineffective, the Terms of Use shall not be affected in general.
  • 10.3 Swiss law is applicable. The place of jurisdiction is Zurich.