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LICENSE AGREEMENT FOR USING THE 4FAMILY APPLICATION 2

1. General provisions

1)

This License Agreement defines the terms of use of the 4FAMILY 2 mobile application for devices with the Android or iOS operating system provided by Smalt Communication Technology (Shenzhen) Co., Ltd. based in Shenzhen.

2)

When starting the application for the first time, it is necessary to conclude a License Agreement. Consent to the conclusion of the License Agreement is voluntary. By using the application, the User confirms the ability to conclude the License Agreement in accordance with the laws applicable to him and consents to the conclusion of this agreement. Failure to agree to the conclusion of this agreement results in the inability to use the application. The License Agreement is terminated by removing the 4FAMILY 2 application from the phone.

3)

Whenever this License Agreement refers to:

a.

"Agreement" - it should be understood as this agreement specifying the terms of use of the 4FAMILY 2 mobile application.

b.

"Application" - it should be understood as the 4FAMILY 2 application available for devices with the Android or iOS operating system.

c.

"Application Providers" - it should be understood as Smalt Communication Technology (Shenzhen) Co., Ltd.

d.

"Device" - it should be understood as a device on which the Application has been installed or on which it is possible to use it,

e.

"Charge" - it should be understood as a person who is under 18 years of age, but whose parent or legal guardian is the Guardian who has agreed to share the location of the Charge's device, consent to share the location of his device, consent to the processing of his personal data and which guardian has read and accepted these Regulations, or an adult natural person who has given the above consents on his own behalf.

f.

"Guardian" - it should be understood as an adult natural person who has a device on which the Application configured with the Charge's mobile device is installed, through which it is possible to use the "4Family" system.

g.

"Security zone" - it should be understood as a zone of estimated geographical location determined by the Caregiver (based on triangulation from BTS transmitters), in which the Mentee can move freely without informing the Caregiver. In the event that the Charge goes beyond this zone, the Caregiver is automatically notified of this fact in the Application. The security zone is set for the time specified by the Caregiver and can be freely changed by him.

2. Rules of access and use of the Application

1)

The application enables monitoring the location of the Charge by means of triangulation based on the base stations of mobile operators through the interfaces of the application installed on the devices of the Caregiver and the Charge configured with each other.

2)

The application also enables the Caregiver to receive SOS notifications, send voice and text messages, remotely add contacts and set reminders on the Charge's phone, remotely monitor the Charge's battery status, determine the approximate location of the Charge.

3)

The application also enables the Patient to easily and conveniently send voice and text messages, send SOS alerts in important cases, remotely assist in managing the phone, its settings and contacts.

4)

In order to use the Application, the Guardian should install the Application on his mobile device, and also (before registering the account and starting it for the first time) agree to the processing of personal data by the Administrator and read and accept this Agreement. Meeting these conditions allows you to register an account in the Application.

5)

In order to register an account in the Application, the Supervisor must provide the following data: name, surname, telephone number, e-mail address.

6)

Upon registering the account by the Guardian (which is possible only after expressing all the consents referred to in section 4 above), an agreement for the provision of electronic services is concluded between the Guardian and the Application Provider as part of the use of the Application.

7)

In order to pair with the Caregiver's Application, the Charge uses a mobile device with appropriate software installed by the device manufacturer.

8)

Using the Application is free of charge. However, the User, on his own, in accordance with the agreements concluded with telecommunications operators or other Internet/electronic service providers, bears the costs of data transmission necessary to download, install, as well as launch and use the Application.

9)

After two years from the first account registration in the Application, continuing to use the Application may be preceded by the need to pay an activation fee. Paying the activation fee each time enables unlimited access to the Application for the next two years. The introduction of the fee referred to in this paragraph will be preceded by a message in the form of an e-mail sent no later than 30 days before the expiry of two years from the date of the first activation of the Application, informing about the need to pay the fee, the form of payment and the amount as well as the consequences of failure to pay.

10)

The Guardian undertakes to use the Application in accordance with the provisions of generally applicable law, these Regulations and the principles of social coexistence.

11)

The User is obliged to use the Application only for the purposes permitted in the Regulations and in accordance with applicable law, and in particular bears full responsibility for the content of the data sent via the Application, the Application Provider is not responsible for the User's use of the Application in a manner contrary to the provisions of these Regulations.

12)

The Application Provider is not liable for damages caused by the loss of the device on which the Application will be installed, its loss or theft, as well as sharing the login and password with third parties. The Application Provider is also not responsible for the use of the Application inconsistent with this Agreement. To the extent permitted by law, the Provider shall not be liable for any damage suffered by the user as a result of downloading, installing or using the Application, and in particular for benefits lost due to its incorrect use or functioning, or loss of data caused by incorrect use or functioning of the Application.

13)

The application does not use cookies. All information is sent over an encrypted connection. Regardless of the above protection, the Application Provider is not responsible for irregularities related to e.g. a hacker attack or the presence of viruses on the Caregiver's device/phone. Therefore, it is advisable that the Application user, when using the Application, takes care of protecting his own devices, data and software, including against virus threats.

14)

The rules for the processing of personal data via the Application are contained in the Privacy Policy, which is a separate document, the content of which is accepted by the Guardian and the Charge upon starting to use the Application.

3. License

1)

The application and all materials contained therein are subject to exclusive rights, and thus are protected by law.

2)

On the basis of this License Agreement, a license to use the Application is granted to the user by the Application Provider in order to enable the installation and use of the Application.

3)

The persons entitled to use the Application are:

a.

natural persons with full legal capacity (i.e. persons over 18 years of age, not completely incapacitated,

b.

persons with limited legal capacity (i.e. persons who have reached the age of 13 and at the same time have not reached the age of 18 and partially incapacitated persons),

c.

persons without legal capacity (i.e. persons under 13 years of age, for whom a legal act in the form of acceptance of the terms of this License Agreement was made by their statutory representatives - parents or legal guardians who are responsible for the actions of such a user).

4)

The Licensor authorizes the user to use the Application in the manner specified in the provisions of copyright law for computer programs, to the extent that it is necessary to use the Application in accordance with its intended purpose, by the person who legally acquired it.

5)

The license covers personal use of the Application, is free and non-exclusive. The license does not include the possibility of transferring licenses or granting sublicenses to other persons or entities.

6)

The License entitles the user to use one copy of the Application within one electronic device capable of cooperating with a SIM card.

7)

Under the license granted, the User, with the exception of the rights granted by mandatory provisions, is not entitled to:

a.

making the Application available to a third party for a fee or free of charge under any legal title;

b.

permanent or temporary duplication of the Application in whole or in part by any means and in any form;

c.

making any changes to the Application, including modifying the Application's source code;

d.

remove, cover, change the copyright or other proprietary notices contained in the Application;

8)

The Licensor reserves all rights not expressly granted to you in this Agreement.

9)

The Application may automatically download and install updates for its improvement and development. The license covers each update of the Application, to the extent made available to the user by the Supplier or an entity acting on its behalf.  

10)

All rights to works that are not computer programs and trademarks internalized in the structure of the Application, excluding works or content constituting industrial property from third parties, are vested in the Licensor and, in accordance with the provisions of this Agreement, it is possible to use them only as part of using the Application . ​

4. Termination of using the Application and deletion of the Guardian's account

1)

Each Guardian may terminate the use of the Application at any time by removing/uninstalling it from the Device. Uninstalling the Application from the Device's internal memory is tantamount to terminating the use of the Application by the Guardian (without the need to submit other declarations of will).

2)

Uninstalling the Application results in the termination of this Agreement.

3)

Removing and uninstalling the Application is not tantamount to deleting the account and data history. In order to delete the account and data history, use the "Delete account" function available in the Application. ​

5. Technical conditions necessary to use the Application

1)

The Guardian's smartphone on which the Application is launched should meet the following technical requirements:

a.

Smartphone with Android operating system version 5.0 or later, RAM memory of at least 512 MB or Smartphone with iOS operating system version iOS 9.0 or later,

b.

App installed from Google Play Store (Android) or App Store (iOS).

2)

In order to enable pairing of the Application with the Charge's phone and for the Charge to use the functions corresponding to the functions of the Application, the Charge's phone should meet the following technical requirements:

a.

A mobile phone with the appropriate software installed by the device manufacturer,

b.

Micro SD memory card, minimum card size 1 GB, - SIM card with activated GPRS data transmission,

3)

Accessing the Application from sources other than those listed in section 1 is not allowed.

4)

The Application Provider reserves that due to the need to service the equipment and system, as well as due to other reasons beyond its control, there may be temporary interruptions in the availability of the Application.

5)

The location of the device of the Charge covers only the area within the European Union.

6)

Verification of the approximate location of the Mentee is possible by selecting the appropriate functionality from the level of the Application installed on the Caregiver's Device. The Caretaker also has the option of adding contacts to the Device of the Charge, setting reminders, setting the Safety Zone, voice and text communication within the Application.

7)

The location of the Client's device is indicated by an approximate point on the map and is used to check the current location of the device, as well as to monitor its location relative to the Safety Zone. The Application Provider reserves that the given location may differ from the actual location of the device, which may be affected by weather conditions, technical conditions and the density of BTS transmitters.

8)

Considering the fact that the operation of the Application is closely related to the coverage of the mobile network, the Application Provider is not responsible for interruptions in the operation of the Application in the event that the Charge or Guardian loses access to the mobile network, including BTS transmitters.

9)

The Application Provider reserves the right to temporarily suspend the operation of the Application due to necessary technical work.

10)

The Application Provider reserves the right to notify the Caregiver and the Mentee of the planned technical works, in the form of an e-mail to the address indicated during registration, at least 24 hours before their commencement.

6. Complaints

1)

All Complaints related to the operation of the Caregiver Application can be submitted by e-mail to lukasz@smaltcn.com. The Application Provider will consider the complaint within 14 days from the date of its receipt.

2)

Complaints related to the operation of the device of the Charge should be reported to the manufacturer of the device.

7. Final Provisions

1)

The Application Provider reserves the right to terminate this Agreement with immediate effect in the event of a gross violation of its provisions by the user, in particular a violation of the provisions regarding the license rules contained in section 3 Agreements.

2)

Contact with the Application Provider is possible via the following e-mail address: lukasz@smaltcn.com.

3)

The Application Provider reserves the right to change the Regulations at any time. Caregivers and charges will be informed about each such change by notification in the Application, after its first launch from the date of the changes. In the event of disagreement with the changes made, the user should uninstall/delete the Application - otherwise, it is considered that the changes have been accepted by him.

4)

The Regulations come into force on September 25, 2023