Terms of Use SMART PATROL

Effective date: June 01, 2025

Please read these Terms of Use carefully. By either clicking “I Accept,” (or other similar language), checking a checkbox for the acceptance of these Terms, or by signing up, registering to, downloading, using, installing, or otherwise accessing or using our App, you signify your assent to these Terms and to the collection and use of your data as set forth in the Privacy Notice.

If you do not agree to any of these Terms, please do not click the sign-up button and do not access or use the App.

1. TERMINOLOGY

1.1. Provider (or We, Us) - a company EVOSMART SOLUTIONS LTD, incorporated in the Republic of Cyprus, that operates the App and provides services through the App.

1.2. App - a mobile application and/or a web-interface that allows businesses providing security guardian activity :

to manage and track compliance of Customer’s Personnel;
to receive notifications (urgent signals) from Security officers;
to store various data concerning Personnel, employees who may potentially be hired in future, Clients or potential Clients;
to exercise other activities specified in the App.

The detailed description of services provided by the Provider through the App is placed within the respective sections of the App and forms part of these Terms of Use.

1.3. Customer (or You) - a business entity created in accordance with the domestic law of the place of its registration or a natural person which provides security guardian services, who has an account on the App and is subscribed to a certain Service plan offered by the Provider or uses Free Service Plan activated autmatically by the Povider.

1.4. User (or You) - a person who creates an account on the App on behalf of the Customer or is a Customer and gives to the Provider personal and other data needed to register and log into the account on the App.

1.5. Personnel - Customer’s employees, service providers or independent contractors (including Security officers) whose Personnel Profiles are created by the Customer and linked to the Customer’s account.

1.6. Security officer - an employee or an independent contractor working for the Customer, whose main duty is to guard certain Facilities.

1.7. Client - a person whose belongings are guarded under respective agreements with the Customer.

1.8. Potential Client - a person who is interested in a Customer’s services and who may potentially enter a contract with the Customer.

1.9. Account - an account created by a User on the App.

1.10. Service plan - a subscription, to a particular set of services offered by the Provider. A Service Plan may but need not have a specific name, such as, for example, "Free", "Starter", "Premium" or "Enterprise".

1.11. Personnel Profiles - profiles created by a Customer for its Personnel and linked to the Customer’s account in a way that provides both the Personnel and the Customer with the ability to directly communicate with each other and to send specific notifications.

1.12. Facility - a Client’s belonging which is under the Customer’s guard.

1.13. Admin - a Customer’s Personnel exercising management powers on behalf of the Customer and having special Profiles (Admin Profiles) on the App allowing them to manage Clients’ and potential Clients’ data, to manage Personnel Profiles, and communicate with Security officers through the App.

1.14. GDPR - General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016

1.15. Other terms in these Terms are used in a meaning which is attributed to them in the applicable law, EU legal acts applicable to these Terms, business practices, and ordinary speech.

2. SCOPE AND SUBJECT

2.1. These Terms of Use describe the rights and obligations of the User and/or the Customer and the Provider concerning services provided through the App and form an essential part of a binding contract between them.

The overall contract between the User and/or the Customer and the Provider involves:

these Terms of Use
Privacy Policy
Data Processing Agreement
Cookie policy
any descriptions and notifications placed in the App to inform the User and the Customer on any issues relating to the services provided through the App.

2.2. Under these Terms of Use Provider gives a User and/or a Customer an access to the App and services provided through the App. The scope and price of services depend on whether a Service plan has been chosen by a User and on the type of a Service plan.

The relationships concerning the use of the App covered by these Terms of Use are referred to as “Contract” hereinafter.

2.3. Some services may be subject to additional terms specific to such services, features, or functionality (hereinafter - “Additional Terms”), and such Additional Terms may be presented to you separately when subscribing to a certain Service plan. By subscribing to a certain Service plan the User agrees and acknowledges that such Additional Terms are binding and governing the use of such services.

2.4. These Terms of Use constitute a B2B contract, meaning that it is concluded between business entities, and any natural person who adheres to these Terms is a person acting on behalf of a business entity, but not on its own. Thus no provisions of consumer protection laws may be applied to the relationships between parties to this contract.

A natural person having no registration as an entrepreneur or a professional and acting outside its business, craft of profession when entering this contract bears all risks relating to this contract and its performance as if it was a business entity, unless this person directly notifies the Provider on its email address inbox@smartpatrolapp.com that the person does not have a business status and acts outside its business, craft or profession.

3. USE OF SERVICES. USER’S AND CUSTOMER’S WARRANTIES

3.1. The Provider allows Users to access and use the App and services provided through it on a non-exclusive basis subject to these Terms.

3.2. A User and/or a Customer is responsible for providing the Provider with the full, accurate, and truthful data when registering on the App and using its services.

3.2.1. A Customer represents and warrants that:

all data the Customer submits when subscribing to the Service plan is full, truthful, and accurate;
the Customer will maintain the accuracy of such information throughout the entire term of this contract. If there are any changes to the Customer’s contact details or any other data, the Customer shall notify the Provider about them on inbox@smartpatrolapp.com no later than 3 days once these changes have occurred.
if the Customer is a natural person, the Customer warrants that the one is of the age of majority as defined under applicable law or has obtained parental or guardian consent where required under applicable law and has the ability to form a binding contract;
the Customer’s use of the App does not violate any applicable law, regulation, or any obligation the Customer may have to a third party;
the Customer has all the needed licenses, permissions and any other documents which allow the Customer to provide professional security guardian activity under the law of the country where the Customer provides it using the App;
the Customer shall comply with applicable laws, regulations, guidelines, and these Terms throughout the use of the App;
the Customer’s Clients, potential Clients, Personnel and Admins (if any) have given their consent to the Customer as a data controller under GDPR or any other permissions to process their personal data using the App.

3.2.2. A User represents and warrants that:

all the data the User submits when registering an account on the App is full, truthful, and accurate;
the User will maintain the accuracy of such data throughout the entire term of this contract. If there are any changes to the User’s contact details or any other data, the User shall notify the Provider about them on inbox@smartpatrolapp.com no later than 3 days once these changes have occurred;
the User is the same person as a Customer or the User is duly and fully entitled by the Customer to represent the Customer in the contract with the Provider concerning the use of the App;
where a User is a Customer’s representative, there are no limitations for the User to represent and to bind the Customer under this contract;
the User is of the age of majority as defined under applicable law or has obtained parental or guardian consent where required under applicable law and has the ability to form a binding contract.

A User acting on behalf of the Customer agrees that if the User does not have a needed authority and power to act on behalf of the Customer when entering this contract, the User shall, if the Provider in its absolute discretion so elects and respectively informs the User, be deemed to have entered this contract on his own (i.e., instead of the Customer whom he represented or purported to represent).

3.3. The Customer is solely liable and responsible for controlling who acts on the one’s behalf and who registers and uses the Account on the Customer’s behalf. Any action taken by a User of the Customer’s Account is deemed by us as an authorized action by the Customer, and the Customer shall have no claim towards us in this regard.

4. ACCOUNT AND PERSONNEL PROFILE REGISTRATION

4.1. An account is created by a User in one of the following ways:

by providing The User’s or the Customer’s email address, other personal details, and password in the relevant form available on the App and accept the Terms of use, Privacy Policy, Data Processing Agreement, and Cookie policy. In this case the User or the Customer will receive an activation link. The registration is completed once the User or the Customer clicks on this link;
by registering using third-party authorisation services where you have an account (in particular, Google), where you should click the relevant option and follow the instructions of the third-party authorisation services you have chosen.

4.2. If you register an Account through a third-party authorisation services where you have an account, you consent to collecting your identification details saved on a given account such as your email address, first name, surname, link to your avatar profile. You can verify if the identification details from a given account are correct and complete and you always have the possibility of updating the identification data collected from another account manually, except for your email address.

4.3. To start using the services provided through the App the Customer is automatically provided by the Provider with Free Service Plan or shall subscribe to a "Starter", "Premium" or "Enterprise" Service Plans considering the scope of services the Customer wants to have. To proceed with subscribing to a "Starter", "Premium" or "Enterprise" Service Plan you will need to provide us with data identifying you as a Customer (in particular, the full name, telephone number address, zip-code, number of Personnel, etc.), and if the Service Plan must be prepaid you will have to provide us with full billing information (tax number, ID number, VAT numer, etc.).

4.4. Once you have been provided with Free Service Plan or have subscribed with other type of Service Plan you are considered as a Customer, and a User who has created and/or uses the Account (if this is not the same person as the Customer) is considered as the Customer’s legal representative.

4.5. The account has specific sections providing access to the following features to the Customer:

4.5.1. Management of Facilities (basic module) allows the Customer, in particular, to:

keep records about the Facility (add Facilities, update or delete information on Facilities), including records on the name, address, photos of the Facility, etc.;
link a Facility to a Client or to delete such a link;
create, correct and review the timetable of Security Officers performing security functions at a Facility as well as settings of the app used for the shift at the Facility;
review the reports of work at a Facility;
review the reports of accidents at a Facility including reports of activated emergency signals.
check whether the Security officer is awake or sleeping;
check the information on accidents during the work session, including whether an alarm bottom has been activated;
track the GPS position of a Security officer, but ONLY during the working session;
contact a Security officer during the work session using a chat in the App.

4.5.2. Management of Clientsʼ and of potential Clients’ data allows Customer to store their data, in particular, their identification data (name, address, contact details etc.), tasks manager concerning communication with clients (for instance, a reminder to issue an invoice).

The App does not provide Customers with the opportunity to create Clients’ profiles and to communicate with Clients through the App. It allows only to store and process data concerning Clients and potential Clients on the App.

4.5.3. Personnel Management allows a Customer to:

keep records on Security officers and their work at Facilities;
track information on Security officer’s working session (current, past or future session);

4.6. To provide Personnel management as referred to in article 4.5.3. above, you will need to create Personnel profiles for your Personnel within your Account. For this purpose you will need to provide certain registration information concerning your Personnel, in particular, names and email addresses. Personnel may choose to add additional optional information to their Personnel Profile, which may assist us in providing improved Services.

Personnel Profiles may be created manually, by importing a file with the required information.

4.7. Following the creation of a Personnel Profile for a Security officer, the Security officer will receive a link via email allowing such a Security officer to confirm the Personnel Profile and access the Customer’s dedicated App. Alternatively, Security officers may be sent a link via email to allow them to request to join the App. After filling out a request form, the Customer may approve the request and open a Personnel Profile for the applicable Security officer. The Customer hereby represents and warrants that it has the Security officer’s consent if and as required under applicable law for the Provider to contact the Security officer.

4.8. Provider may develop a service allowing Customers to create Profiles for employees exercising management powers on behalf of the Customer (hereinafter - “Admin Profiles”). In this case Admins serve as authorized representatives of the Customer and will have an opportunity to manage the Customer’s account, in particular:

to create and to link Personnel Profiles;
to manage Objects as referred to in paragraph 4.5.1
to manage Clients and potential Clients data as referred to in paragraph 4.5.2.

5. DISPOSAL AND TERMINATION OF ACCOUNTS AND PERSONNEL PROFILES

5.1. A User and/or a Customer is responsible for maintaining the confidentiality of any login information associated with the Account and for all activities that occur under Account(s).

5.2. A User and/or a Customer is not allowed to buy, sell, dispose of or transfer the Account or any login information to enter it to any third parties.

Account may be assigned together with the rights and obligations under this Contract if all the following conditions are satisfied: (a) the Customer is a business user, not a natural person; (b) the Customer goes through the reorganization, merger, sale, or transfer of substantially all of Customer’s assets; (c) the Customer has promptly provided written notice to the Provider; and (d) the Provider has given prior written consent to the assignment.

5.3. Personnel and Admin Profiles (if any):

may not be bought, sold, assigned or transferred in any other way to other Personnel or Admins. Persons in whose name these profiles are created are personally responsible for maintaining the confidentiality of any login information associated with these Profiles;
may be deleted by a Customer, a User acting on the one’s behalf at any time for no reason;
may be deleted by the Provider under conditions specified in paragraph 5.4. below.

5.4. You hereby agree that the Provider may suspend or terminate a Customer’s or a User’s account as well as all Personnel or Admin’s Profiles (if any) at our sole discretion. In this case we will provide the Customer or a User with a prior notice containing the description of reasons for the termination no later than 30 days before the suspension or termination takes effect.

We may also suspend or terminate a Customer’s or a User’s account as well as all Personnel or Admin’s Profiles (if any) at any time if:

the Provider is subject to a legal or regulatory obligation which requires us to terminate the provision of the whole of our services to a given Customer or User in a manner which does not allow us to respect the notice period; or
the Provider has a right of termination or suspension under an imperative reason provided by the applicable law; or
a User or a Customer repeatedly (two times and more) violates any provision of these Terms of Use; or
a User or a Customer or any of their Admin or Personnel uses services on the App in a way that constitutes an illegal or harmful activity to other users, third parties, or the business interests of the Provider; or
the Provider has to address any emergency security concerns.

5.5. A User or a Customer may delete their Account at any time. For this purpose, the Customer or a User shall log in to the Account, select "Close account," and confirm that they wish the account to be closed.

The User or Customer agrees that once the Account is closed, access to the services, data stored in the Account, and links to Personnel and Admins’ Profiles (if any) will be lost for them. This access may be restored only within three years after the termination of the Account and only under a special request to the Provider sent to the Provider’s email inbox@smartpatrolapp.com.

5.6. Termination of an Account initiated by either party results in termination of the contract between the Provider and the Customer covered by these Terms of Use. Each party’s rights and duties are terminated once the Account is terminated, except those specifically mentioned in these Terms of Use.

6. DATA PROCESSING RELATIONSHIPS

6.1. The Provider is merely a processor and not a controller of the following data:

Any data related to the Customer’s clients or potential Clients, which the Customer places and stores in its Account;
Any data related to the Customer’s Personnel that is placed and stored in the Personnel Profiles or in the Customer’s Account;
Any data related to the Customer’s Admin (if any) that is placed and stored in the Admins’ Profiles or in the Customer’s Account;
Any data placed or provided by the Customer or the User, where the Provider does not determine the purpose for which this data is processed, and acts on behalf of the Customer.

The Provider does not determine the purpose for which these data are processed and acts with respect to these data on behalf of the Customer.

6.2. The Customer or a User acting on the one’s behalf hereby confirms that:

when we process Personal Data of the Customer’s Personnel on its behalf for the purpose of provision of the services, the Customer will at all times be considered the data controller as defined in the GDPR, or equivalent term under any applicable law and shall be responsible for compliance with its obligations as data controller under applicable law, including the GDPR, and we shall act solely as a data processor as defined in the GDPR or equivalent term under any applicable law on its behalf, all in accordance with the Data Processing Agreement, (“DPA“);
The Customer has and shall maintain throughout the whole duration of these Terms of Use and the DPA all necessary legal bases, rights and/or consents required under applicable law in order to process Personal Data and allow us to provide the Services;
the Customer shall ensure that a record of such legal basis is maintained, as required under applicable law and in any case, by the GDPR; and
the Customer shall not provide the Provider with any Special Categories of Data (as defined in the GDPR) and/or any data or information subject to special regulatory or statutory protection regimes (including but not limited to data regarding children, financial and/or health data, data relating to criminal convictions and offences, sensitive data, etc.);
the Provider does not bear any responsibility and liability for the Customer’s violations of the one’s duties as the data controller’s duties under the GDPR;
if the Provider is held liable for any Customer’s violations of data protection legislation, the Customer shall compensate the Provider all the damages (including fines the Provider paid, compensations the Provider paid to data subjects or other third parties, reputational damages etc.) during 10 days after receiving an electronic notice with the calculation of damages from the Provider on the email address specified by the Customer in log in details.

6.3. The Provider acts as a data controller only regarding the User’s or the Customer’s personal data if such data has been provided by them. The list and the types of such data is specified in the Privacy Policy.

7. FEES AND PAYMENT

7.1. If you subscribed to one of our paid Service plans as a User acting on behalf of a Customer or a Customer itself (if you subscribed in your owns name), you agree that the Customer will pay the Provider the fees as specified on the App in accordance with the Service plan for which you have registered.

7.2. In the event of failure to collect the fees owed by the Customer, we may, at our sole discretion (but shall not be obligated to) either retry to collect at a later time or unsubscribe the User from the paid Service plan the one has chosen and subscribe the one to the free Service Plan.

7.3. Payments are to be made on a monthly or yearly basis, in accordance with the Service plan chosen, in advance of the applicable month or year.

The User will be asked to provide customary billing information such as name, billing address, and credit card information either to the Provider or its third-party payment processor(s), in particular, to Stripe.

You hereby authorize the collection of such fees by charging the credit card provided, either directly by the Provider or indirectly via a third-party online payment processor (in particular, by Stripe) and in accordance with the payment schedule of the Service plan chosen.

If you are directed to a third party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s Personal Data collection practices. Please review such party’s terms and conditions and privacy policy before using such services. Currently we are using Stripe’s services.

7.4. Where applicable, taxes may also be charged, in particular VAT. It is the Customer’s responsibility to determine whether the one is required to pay any applicable taxes, whether the one is a VAT payer, and to clarify such information when making a payment. The Provider does not bear any responsibility for the calculation or collection of any applicable taxes.

The Provider may check whether the Customer is a VAT payer using third-party services. Currently, the Provider uses Vatlayer services. The Provider may also calculate the amount of taxes due using third-party services. Currently, the Provider uses the Stripe’s services for the calculation. Please review such third parties ’ terms and conditions and privacy policy before making a payment in the Provider’s favor.

7.5. The algorithm for making a subscription to a paid Service plan by a User is the following:

The User enters their billing data into the relevant area on the App. The list of the billing data is specified on the App;
If a User specified that the Customer is a VAT payer, the Provider checks the Customer’s status using the third-party service (currently - the Vatlayer) and checks whether the billing data provided by the Customer is the same as the data specified in the VAT registry about the Customer;
If the data provided by the Customer is not the same as the data specified in the VAT registry about the Customer, the User cannot proceed with the payment until the data are the same;
The User chooses the Service plan;
The Provider requests a third-party service (currently this is Stripe) to determine whether the amount of VAT needs to be included in the fee and which amount of VAT shall be included;
The Provider gives the User information about the total amount and other details of payment, and readdresses the User to the third-party service (currently this is Stripe) to complete the payment;
Once the Provider receives the information on the completion of payment, the Provider sends an invoice to the Customer.

7.6. All payments should be made in U.S. dollars unless otherwise agreed. Please note that Stripe may impose or deduct foreign currency processing costs on or from any payments by Customer in currencies other than U.S. dollars. When converting currency, prices may be rounded up to the nearest whole number.

7.7. The User may cancel a subscription at any time. If the User unsubscribes, the one may continue using the App according to the latest Service plan till the end of the period the one has paid for, unless the User deletes the account entirely or makes it otherwise clear that the one terminates the contract on the whole. No refunds will be granted for any pre-paid amounts, whether for a monthly or yearly subscription.

7.8. The Provider reserves the right to change the fees at any time, upon notice to Customer if such change may affect Customer’s existing subscriptions upon renewal.

The notice shall be sent to the Customer by the Provider no later than 15 days prior to the moment when new fees enter into force. If the Customer objects to new fees, the Customer shall unsubscribe from the Service plan during the 15-days period. If the Customer has not unsubscribed, once this period expires, the Provider may collect the additional fees by charging the credit card provided by the User.

7.9. A free Service plan is provided to you without charge, subject to certain usage limits determined on the App. Usage over these limits requires you to subscribe to the relevant paid Service plan.

8. INTELLECTUAL PROPERTY NOTICE

8.1. All graphic elements, technical solutions, appearance, texts, graphics, graphics design, videos, demos, interfaces, and underlying source files, the trademarks, service marks, and logos contained therein as well as other components of the App are legally protected by copyright and neighbouring rights vested in the Provider or other authorised parties.

8.2. No third parties are authorised to copy, modify, reproduce, or distribute the App in whole or in part.

8.3. Any use by anyone without our express written consent of any elements of the content of the App constitutes a breach of our copyrights and our sui generis right in databases and will result in civil and criminal liability. In particular, no one may automatically extract any data from the App without our express written consent.

Please contact inbox@smartpatrolapp.com with any questions or to request permission.

Provider's license to User

8.4. The Provider grants you with a worldwide, non-exclusive, revokable, free of charge license to use the App and materials available through the App for personal, non-commercial transitory viewing only.

8.5. This is the granting of a license, not a transfer of title, and under this license you may not:

modify or copy the content of the App (except the user generated content as referred to in paragraphs 8.6-8.9. below); or
use the content of the App for any commercial purpose, or for any public display except the user generated content as referred to in paragraphs 8.6-8.9. below); or
attempt to decompile or reverse engineer any software contained on the App; or
remove any copyright or other proprietary notations from the content except the user generated content as referred to in paragraphs 8.6-8.9. below); or
transfer the content of the App to another person or "mirror" the content on any other server except the user generated content as referred to in paragraphs 8.6-8.9. below).

User generated content

8.6. The App is not developed specifically for creation, placing, storing, and sharing user generated content (hereinafter - UGC) on it.

8.7. However, if while using the App you create, place, store or share UGC on the App you warrant that all the content is your original work and/or you have the legal authorization to post such content.

8.8. The author of the UGC reserves all copyrights on the content created and grants to the Provider the license to use such content as described below.

8.9. When you interact with UGC you are obliged to comply with all applicable copyright laws. You are responsible for any kind of unauthorized use of the UGC such as copying, modification, distribution etc.

Your License to the Provider and other users of the App

8.10. If you own the content, graphics, materials, trade marks, other logos, etc. that you place, store or share on the App, you are granting the Provider a worldwide, non-exclusive, royalty-free, transferable and sublicensable right (license) to use, copy, modify, distribute, publish and process them without any further consent, notice and/or compensation to you or others.

8.11. The right referred to in paragraph 8.10. above may be exercised in the following ways:

You can end this license for specific content by deleting such content from the App, or generally by closing your account, except: (a) to the extent you shared it with other users of the App and they copied, re-shared it or stored it and (b) for the reasonable time needed to remove from backup and other systems;
the Provider will not include your content in advertisements for the products and services of third parties without your separate consent. However, if you use the App, we may mention that with your name or photo to promote that feature within our App, subject to your settings;
We will get your consent if we want to give other persons a right to publish your content beyond the App;
While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

8.12. By providing or sharing UGC through the App, you agree to allow others to view, edit, and/or share your UGC in accordance with the settings set by You and these Terms.

Posting content and materials violating third parties’ IP rights

8.13. The Provider will remove any UGC that infringes the rights of any third party if properly notified that such material infringes third-party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of the Provider is to terminate the Customer Accounts or Personnel Profiles of repeat infringers (more than two times).

8.14. If you believe in good faith that your copyright has been infringed, you may submit to the inbox@smartpatrolapp.com a Notice of Copyright Infringement which should contain:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
A description of the copyrighted work that you claim has been infringed;
A description specifying the location on our website of the material that you claim is infringing;
Your email address and your mailing address and/or telephone number;
Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

8.15. If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice which should contain:

Your physical or electronic signature;
Identification of the material removed or material access to which has been disabled;
A statement that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
Your full name, email address, mailing address.

8.16. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.

9. CONTENT POLICY

9.1. The Provider allows Users, Customers, Personnel, and Admins (if any) to upload UGC (including but not limited to logos, images, photos, textual materials, and/or additional materials).

9.2. Persons using the App shall at all times remain fully and solely responsible for any UGC they upload to the App and the consequences of posting, publishing, sharing it, or otherwise making it available on the App, and agree that the Provider acts as a passive conduit for their online distribution and publication of UGC.

9.3. Any person using the App represents and warrants that:

(a) any UGC complies with applicable law; does not infringe or violate any third-party intellectual property rights, privacy, publicity rights, moral rights, and/or any other rights; and (b) the person has all necessary rights and authorities to submit such UGC.

9.4. Anyone receiving or viewing UGC may use it for purposes other than those for which their use was initially intended. The Provider is not responsible for the use of any UGC or Personal Data that persons using the App disclose.

By making any information available through the App you acknowledge that you understand and have agreed to such risks.

9.5. Users, Customers, Personnel, and Admins (if any) using the App agree that they will not transmit, submit, or upload any UGC or act in any way that:

(a) violates the legal rights of third persons, including defaming, abusing, stalking, or threatening users;

(b) infringes or results in the infringement of the intellectual property, moral, publicity, privacy, and/or other rights of any third party;

(c) is (or it is reasonable to believe to be) stolen, illegal, counterfeit, fraudulent, pirated, unauthorized, or violent, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;

(d) does not comply with all applicable laws, rules, and regulations;

(e) publishes falsehoods or misrepresentations that may damage the Provider or any third party;

(f) posts, stores, transmits, offers, or solicits anything that contains the following:

offensive materials, including materials promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity,
material that is racially or ethnically insensitive, defamatory, harassing, or threatening,
pornography or obscene material,
any virus, worm, trojan horse, or other harmful or disruptive component, or
anything that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law or regulatio,n or is otherwise inappropriate or offensive.

9.6. The Customer and the User warrant that Personnel and Admin (if any):

are fully aware of the content policy provided for in paragraphs 9.1.- 9.5 above;
understand the content policy in whole and have no questions concerning its meaning;
will not create, publicize, post, or share any content or data if it violates the content policy provided for in paragraphs 9.1.- 9.5 above.

9.7. If a Personnel or an Admin (if any) violates the content policy provided for in paragraphs 9.1.- 9.5 above, the Customer and/or the User are fully liable for these violations.

9.8. The Provider shall not monitor and/or moderate the UGC, and there shall be no claim against us for not doing such.

However, if notified by a user or a third party that UGC allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the UGC, which we reserve the right to do at any time and without notice.

10. DISCLAIMER OF WARRANTY

10.1. Your use of the App is at your sole discretion and risk. App and services provided via the App are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

This means that we do not represent or warrant to you that:

The use of our App will meet your needs or requirements;
The use of our App will be uninterrupted, timely, secure, or free from errors;
The information obtained by using our App will be accurate or reliable;
Any content downloaded or otherwise obtained through the use of our App is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other devices or for any loss of data that may result from the download of such content;
No information or advice, whether expressed, implied, oral or written, obtained by you from the App shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Terms of Use;
the Provider may access user data to provide technical support such as but not limited to Users, Personnel, Admins (if any), etc.
the data provided by Personnel (including any alarms and notifications from Security officers) may come to the Customer Account with delays for various reasons (bad Internet connection, cyber attacks, poor GPS signal, etc.), and the Provider does not bear any responsibility for such delays.

10.2. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

11. LIMITATION OF LIABILITY

11.1. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the App or services provided via the App.

11.2. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email, poor Internet connection, including any injury or damage to you or to any person’s mobile device or computer related to or resulting from the Apps services provided via the App or the use thereof.

11.3. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the the App or the services provided via the App, or from the conduct of any users of the App, whether online or offline.

11.4. We assume no responsibility for any incorrect data, including Personal Data and/or UGC provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to us, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

11.5. In no event shall the Provider, its affiliates or any of their respective officers, directors, employees, assignees or agents be liable to the User, the Customer, Personnel, Admins (if any) or any third party for any damages whatsoever, including without limitation indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the App and/or services provided via the App, whether or not the damages are foreseeable.

The limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in no event shall the Provider’s maximum cumulative liability to the User and/or the Customer under any cause(s) of action (whether in contract, tort or otherwise) exceed, in the aggregate, the amount paid to the Provider in the twelve months preceding the applicable claim or series of claims. If you have not made any payments to the Provider, we shall not have any liability towards you.

11.6. The App may provide you with third-party links to websites, applications, and services (hereinafter - “Third Party Sources”).

We do not warrant quality of any products or services offered by third parties and make no promises regarding any content, goods or services provided by such third parties. The use of Third Party Sources is at your own risk and we shall not be held liable with respect to any use of Third Party Sources including any responsibility for:

(a) payments processed or submitted through Third Party Sources;

(b) the terms of use and privacy policies of such Third Party Sources, and

Any use of data by a Third Party Source is governed by the terms shared between you and the applicable third party.

12. APPLICABLE LAW. DISPUTE RESOLUTION

12.1. The contract under these Terms of use, the relationships between the User and/or a Customer and the Provider as well as all matters concerning the App shall be governed by the law of the Republic of Cyprus, without the United Nations Convention on Contracts for the International Sale of Goods.

12.2. If a User and/or a Customer has any claims to the Provider, they may lodge such claims to the Provider directly by sending an email to inbox@smartpatrolapp.com.

The Provider may consider the claim during 90 days period, and if the issue is considered too complicated and difficult this period may be extended to 120 days.

The Provider communicates the outcome of the complaint-handling process to the complainant individually by sending an email to the address from which the claim was initially sent.

12.3. If the User and/or the Customer is not satisfied with the outcome of the internal complaint-handling or if they do not wish to lodge their claim to the Provider, the dispute shall be subject to the exclusive jurisdiction of the courts of the Republic of Cyprus.

13. CHANGES TO THESE TERMS OF USE

13.1. We reserve the right to revise these Terms of Use at any time. If we change these Terms of Use in the future, we will post the revised Terms of Use and update the “Effective Date” above to reflect the date of the changes.

13.2. Amendments to the Terms of Use will come into effect no less than seven days from the date the amended Terms of Use are made available on the App.

13.3. If the User is a natural person acting outside its business, craft or profession, and has notified the Provider on this issue in accordance with paragraph 2.4. of these Terms of Use, the Provider notifies such User about any amendments to these Terms of Use by providing the User with the revised text of the Terms or with a URL specifying a location where the same is available on the Internet. Such notification shall be provided no later than 7 days prior to the new Terms of Use coming into effect.

13.4. Notwithstanding anything herein to the contrary, the Provider may modify the App or any part thereof at any time and for any reason, with or without notice. Unless otherwise expressly agreed, the use of any new features, versions, releases, updates or other modifications that the Provider may make available in connection with the App shall be subject to the contract under these Terms of Use. The User's and/or the Customer’s continued use of the Service after any such modification shall constitute their consent to the respective modification(s).

13.5. If the User and/or the Customer continues to use the App after the amended Terms of use have come into effect, they will be deemed to have accepted such amendments. If they do not agree with the changes, their sole remedy shall be to terminate the contract and stop using the App.

14. QUESTIONS OR CONCERNS & CONTACT DETAILS

14.1. If you have any questions about these Terms, please contact our Support at inbox@smartpatrolapp.com. We will make every effort to resolve your concerns.

14.2. Postal address: Strovolou, 77 Strovolos Center, 4th floor, Office 401 Strovolos 2018 Nicosia Cyprus