Terms of Use
1. Introduction
These Terms of Use regulate the conditions for access to and use of the App and the Services, and, where applicable, the use of the Website to the extent the Website is used to provide information about the App and the Services, legal documents, contact details, support information, download links, informational materials, and other materials related to the App and the Services.
These Terms of Use describe the types of Services, subscription cost, payment terms, and the rules for use of the App and the Services, including the use of the Services by or in relation to a Child User, where applicable.
The provision of the Services is regulated exclusively by the conditions of these Terms of Use, the Privacy Policy, the Children’s Privacy Notice, where applicable, and applicable law.
Please read this document carefully in order to familiarize yourself with the rules, conditions, functionality, and subscription terms of the Services.
Reference to the words “we”, “our” or “us” (or equivalent terms) means the Company.
Reference to the words “you” or “your” (or similar words) means the User receiving and/or using the Services, and, where applicable under these Terms of Use, may also refer to a Parent / Legal Guardian acting in connection with the use of the Services by or in relation to a Child User, as well as any person accessing or using the Website.
The words he/she and their derivatives in the text of this document may be applied to either a male person or a female person, depending on the context of the document.
Where the Services are used by or in relation to a Child User, such use shall be subject to these Terms of Use, applicable law, and, where required, the Consent, permission, confirmation, or authorization of the Parent / Legal Guardian.
2. Definitions
2.1. Account means the personal account created by the User and/or, where applicable, in relation to a Child User in the App for accessing and using the Services, managing profile information, sending or receiving alerts, and using other available functionality.
2.2. Personal Data means any information relating to an identified or identifiable User, Child User, Parent, or Legal Guardian, including any information that directly or indirectly allows the identification of such person, including, where applicable, the User’s name or nickname, email address, phone number, profile photo, geolocation data, media files, and event logs.
2.3. Services means the functionality and services made available by the Company through the SOS Button App, including communication between Users, the sending and receiving of alerts, notifications, geolocation data, media, and related event information.
2.4. Initiator means a User and/or, where applicable, a Child User who initiates and sends an alert, emergency signal, notification, and/or other request for attention, assistance, or response by using the functionality of the App.
2.5. Respondent means a User designated by the Initiator to receive an alert, emergency signal, notification, and/or other request for attention, assistance, or response by using the functionality of the App, and who may review, acknowledge, and/or react to such communication by using the functionality of the SOS Button.
2.6. User means the general term used to refer to both the Initiator and the Respondent.
2.7. Child User means a natural person under the age of 18 who uses the App and/or in relation to whom Personal Data is processed in connection with the Services.
2.8. SOS Button App (hereinafter referred to as "App" or "SOS Button") means the mobile application operated by the Company through which the User/Child User accesses and uses the Services.
2.9. Company Sentrivo OÜ (hereinafter referred to as "Company") means Sentrivo OÜ, registry code 17511615, legal address: Harju maakond, Tallinn, Kesklinna, linnaosa, Tuukri tn 19, 10120, a legal entity that provides the Services to Users through the SOS Button App and processes Personal Data in accordance with this Privacy Policy and applicable law.
2.10. Tariff means the subscription plan selected for access to the Services, which determines the subscription period, scope of access to the Services, available functionality, and the amount payable for such access, and which may, where applicable, be selected, activated, managed, renewed, changed, or canceled by the User and/or the Parent / Legal Guardian in connection with the use of the Services by or in relation to a Child User.
2.11. Third Party means any natural person, legal entity, public authority, agency, or body other than the Company, the User/Child User.
2.12. User’s Consent (hereinafter "Consent") means a freely given, specific, informed, and unambiguous indication of the User’s wishes by which the User, by a statement and/or clear affirmative action, confirms acceptance of the terms and conditions of provision of the Services through the applicable interface or functionality of the App.
2.13. Parental Consent means any natural person, legal entity, public authority, agency, or body other than the Company, the User/Child User.
2.14. SOS Alert means a user-initiated alert, emergency signal, or request for attention, assistance, or response created by the Initiator through the App by using the SOS functionality and intended to be sent to one or more Respondents in accordance with the functionality of the Services.
2.15. Critical Alert means a notification related to an SOS Alert that may be delivered with a critical interruption level or similar system-level priority on supported devices and operating systems, where such functionality is available, enabled, permitted by the relevant device settings, and authorized for the App.
2.16. SOS Event means the event created in the App when an SOS Alert is activated by the Initiator and registered by the Services, including the creation, sending, delivery, display, acknowledgement, cancellation, closure, history, geolocation sharing, media sharing, and other actions or records related to such SOS Alert until the relevant SOS Event is cancelled, closed, or otherwise completed in accordance with the functionality of the App.
2.17. SOS Event Data means Personal Data and technical data relating to an SOS Event, including, where applicable, the SOS event identifier, Initiator identifier, Respondent identifiers, date and time of activation, SOS status, notification status, sending and delivery information, acknowledgement or response information, cancellation or closure information, geolocation data shared during the SOS Event, media files attached to or shared during the SOS Event, fallback notification information, technical diagnostic information, and records necessary for security, support, abuse prevention, compliance, and protection of rights and safety.
2.18. Fallback Notification means an SMS message, email notification, or other alternative notification sent or attempted to be sent to a Respondent in connection with an SOS Alert where the primary push notification channel is unavailable, delayed, not acknowledged, or otherwise ineffective, in accordance with the functionality of the Services.
2.19. Website means the website operated by the Company at: https//buttonsos.com, including its webpages, subdomains, legal document pages, support or contact pages, informational materials, download links, and other website sections made available by the Company in connection with the App and the Services.
3. Registration/Authorization
3.1. Access to the Services shall be granted subject to prior registration of an Account in the App by using the User’s email address and/or, where applicable, the email address of the Parent / Legal Guardian in connection with the use of the Services by or in relation to a Child User.
3.2. Registration in the App shall not constitute verification of the identity, age, parental authority, or other lawful authority of any User, Child User, and/or Parent / Legal Guardian, unless otherwise expressly provided by the Company.
3.3. For the purpose of registration, the User and/or, where applicable, the Parent / Legal Guardian shall provide an email address and complete its confirmation through the functionality of the App.
3.4. Only one Account may be registered per one email address, unless otherwise expressly permitted by the Company. The same email address may not be used for registration of more than one Account, except where the functionality of the App expressly allows otherwise.
3.5. The User and/or, where applicable, the Parent / Legal Guardian shall be solely responsible for the accuracy, validity, availability, and lawful use of the email address provided for registration and use of the Account.
3.6. The User and/or, where applicable, the Parent / Legal Guardian shall independently ensure the confidentiality and security of the login credentials and shall bear responsibility for all actions performed through the Account, except as otherwise provided by applicable law.
3.7. Where the Services are used by or in relation to a Child User, the User and/or Parent / Legal Guardian shall be responsible for ensuring that such use is lawful and, where required under applicable law or these Terms of Use, is based on the necessary Consent, Parental Consent, permission, confirmation, or authorization.
3.8. The User and/or, where applicable, the Parent / Legal Guardian acknowledges that certain functionality of the App and the Services may require granting, enabling, maintaining, or updating device-level permissions and technical settings, including notification permissions, permissions necessary for the background delivery of SOS Alerts, Critical Alert permissions where available, geolocation and/or location-related permissions, media access permissions, and other permissions necessary for the operation of the relevant functionality. If such permissions are not granted, are withdrawn, disabled, limited, or incorrectly configured, the relevant functionality of the App may be unavailable or may operate with limitations, including SOS Alert delivery, delivery of Critical Alerts where available, geolocation sharing, media sharing, Fallback Notifications, and other safety-related functionality.
3.9. The Company shall have the right to refuse registration, restrict access to the Account, suspend the Account, and/or terminate access to the Services in the event of violation of these Terms of Use, provision of false, inaccurate, incomplete, or misleading information, unauthorized use of the App, absence of the required parental authority, consent, permission, confirmation, or authorization in connection with a Child User, and/or in other cases provided by these Terms of Use and/or applicable law.
3.10. The Company may request information and/or documents reasonably necessary to verify the identity of the User and/or Parent / Legal Guardian, the age of the relevant person, the existence of parental authority or other lawful authority, and the lawfulness of the use of the Services by or in relation to a Child User, where such verification is required or permitted under applicable law.
3.11. The User may stop using the Services at any time by deleting the App from the User’s device. Where the Services are used by or in relation to a Child User, the Parent / Legal Guardian may also request discontinuation of the use of the Services in relation to such Child User, subject to applicable law and the functionality of the App.
3.12. Deletion of the SOS Button by the User shall be treated as a request to discontinue use of the Services and delete the Account, subject to the Company’s right to retain certain data where required for the provision of the Services, compliance with applicable law, resolution of disputes, protection of rights and legitimate interests, safeguarding-related purposes, and/or fulfillment of other lawful purposes.
4. Provision of Services
4.1. The Company provides the Services through the App in accordance with these Terms of Use and the functionality made available in the SOS Button.
4.2. The Website may be used by the Company to publish information about the App and the Services, legal documents, contact details, support information, download links, informational materials, and other materials related to the App and the Services. Unless otherwise expressly provided by the Company, the Website is informational in nature and does not itself provide SOS Alert functionality, Critical Alerts, Fallback Notifications, geolocation sharing, media sharing, account functionality, subscription functionality, or other core functionality of the Services.
4.3. The Services are intended to enable communication between Users and, where applicable, in connection with a Child User, including the creation, sending, receipt, display, review, acknowledgement, cancellation, closure, and administration of SOS Alerts and SOS Events, as well as the transmission and display of notifications, geolocation data, location updates, media files, SOS Event Data, and related event information within the functionality of the App.
4.4. Within the App, the User and/or, where applicable, the Child User may use the functionality available to the Initiator and/or the Respondent, depending on the role assigned, selected, and/or used within the SOS Button and subject to the functionality of the App, these Terms of Use, and applicable law.
4.5. The Initiator may use the App to create and send an SOS Alert and related SOS Event Data to one or more Respondents through the functionality of the SOS Button, including, where applicable, geolocation data, location updates, media files, notification-related information, and other information made available through the App.
4.6. The Respondent may use the App to receive, view, review, acknowledge, respond to, and/or otherwise react to SOS Alerts, SOS Event Data, notifications, geolocation data, location updates, media files, and related event information transmitted or made available by the Initiator through the SOS Button.
4.7. Where the Services are used by or in relation to a Child User, such use may be subject to the participation, permission, confirmation, authorization, and/or Parental Consent of the Parent / Legal Guardian, where required under applicable law, these Terms of Use, or the functionality of the App.
4.8. The scope, content, and functionality of the Services may depend on the technical capabilities of the App, subscription status, device settings, permissions granted by the User and/or, where applicable, the Parent / Legal Guardian, notification permissions, permissions necessary for the background delivery of SOS Alerts, Critical Alert permissions where available, geolocation and/or location-related permissions, media access permissions, availability of communication channels, and/or other conditions relevant to the operation of the SOS Button and provision of the Services.
4.9. The Company shall have the right to modify, update, limit, suspend, expand, or discontinue all or any part of the Services, functionalities, or technical features of the App at any time, with or without prior notice, unless otherwise required by applicable law.
4.10. The Services are provided for personal informational and communication purposes only within the functionality of the App and do not constitute emergency response, rescue, medical, law enforcement, dispatching, monitoring, and/or other professional response services. The SOS Button does not replace emergency services, emergency hotlines, official rescue services, medical providers, law enforcement authorities, and/or other professional responders.
4.11. The Company may review and process complaints, requests, and messages related to technical issues, errors, malfunctions, and other matters directly connected with the operation of the App and provision of the Services. At the same time, the Company does not intervene in disputes, disagreements, conflicts, or other relations between Users, Child Users, Parent / Legal Guardians, and/or Third Parties and shall not be obliged to assess, resolve, supervise, or participate in such matters.
4.12. The User and/or, where applicable, the Parent / Legal Guardian shall use the Services only in accordance with these Terms of Use, the functionality of the App, and applicable law and shall be solely responsible for ensuring that the use of the Services by or in relation to a Child User is lawful and based on the permissions, confirmations, authorizations, and/or Parental Consent required under applicable law and these Terms of Use.
5. Critical Alerts and Emergency Notifications
5.1. The App may include SOS Alert functionality that allows the Initiator to create and send an SOS Alert to one or more Respondents through the functionality of the Services.
5.2. An SOS Alert is initiated by the Initiator through the App and is intended to notify the relevant Respondent that the Initiator may require attention, assistance, or response. The SOS Alert may include information made available through the App, including, where applicable, geolocation data, location updates, media files, notification status, response status, and other SOS Event Data.
5.3. Where supported by the relevant device, operating system, permissions, and authorization granted for the App, an SOS Alert may be delivered as a Critical Alert. Critical Alerts are used only in connection with SOS Alerts and SOS Events.
5.4. Critical Alerts shall not be used for marketing, advertising, promotional messages, subscription reminders, payment notifications, onboarding, account confirmation, general reminders, general messaging between Users, ordinary service notifications, product updates, app news, or any other non-SOS communications.
5.5. The App may request access to notifications, including permissions necessary for the background delivery of SOS Alerts and, where available, Critical Alerts, for the safety of the User and for the purpose of enabling SOS Alerts to be sent, received, displayed, and acted upon in connection with the Services. Such permissions are intended to support the delivery of SOS Alerts even where the App is not actively open on the relevant device, subject to device settings, operating system limitations, permissions granted by the User and/or, where applicable, the Parent / Legal Guardian, and the technical availability of the relevant functionality.
5.6. If Critical Alerts are unavailable, disabled, not permitted, not authorized, not technically supported, or otherwise ineffective, the App may use other available notification methods in accordance with the functionality of the Services, including standard or priority push notifications and/or Fallback Notifications, where applicable.
5.7. The sending, delivery, display, receipt, review, acknowledgement, or response to any SOS Alert, Critical Alert, Fallback Notification, geolocation data, media file, SOS Event Data, or other communication through the App may depend on circumstances outside the Company’s reasonable control, including device settings, disabled or limited permissions, notification settings, Critical Alert settings, Focus mode, Do Not Disturb mode, Mute or silent mode, battery-saving settings, background activity restrictions, operating system limitations, internet connectivity, mobile network availability, geolocation services, notification delivery providers, SMS providers, email delivery providers, and other Third Party services.
5.8. The Company does not guarantee that any SOS Alert, Critical Alert, Fallback Notification, notification, geolocation data, media file, SOS Event Data, or other communication will be sent, delivered, displayed, received, viewed, acknowledged, responded to, or acted upon without delay, interruption, technical failure, inaccurate location data, misdelivery, non-delivery, provider failure, device limitation, operating system limitation, disabled permission, or other circumstances beyond the Company’s reasonable control.
5.9. The App and the Services are not an emergency response, rescue, medical, law enforcement, dispatching, monitoring, security, or professional response service and do not replace emergency services, emergency numbers, emergency hotlines, rescue services, medical services, law enforcement authorities, public safety authorities, or other competent emergency or professional responders.
5.10. In case of real danger, threat to life or health, physical danger, emergency, or urgent need for assistance, the User and/or, where applicable, the Parent / Legal Guardian or Child User should contact emergency services, emergency numbers, law enforcement authorities, medical services, rescue services, public safety authorities, or another competent authority or trusted person, as appropriate.
5.11. The Respondent is selected, designated, added, or maintained by the User and/or, where applicable, the Parent / Legal Guardian through the functionality of the App. The Respondent is not an employee, contractor, representative, agent, emergency responder, rescue service, medical provider, law enforcement authority, security service, or other controlled person of the Company. The Company does not appoint, train, supervise, monitor, control, or guarantee the availability, reliability, actions, omissions, response, delayed response, refusal to respond, or adequacy of response of any Respondent.
5.12. The User and/or, where applicable, the Parent / Legal Guardian shall use SOS Alerts, Critical Alerts, Fallback Notifications, geolocation sharing, media sharing, and other functionality of the App only lawfully, responsibly, and for their intended purpose.
5.13. The User and/or, where applicable, the Parent / Legal Guardian shall not misuse the SOS Alert functionality, including by creating false, misleading, abusive, repeated, non-SOS, harassing, unlawful, or otherwise improper SOS Alerts, misusing Critical Alerts, misusing Fallback Notifications, misusing geolocation data or media files, sending spam or misleading communications, or using the App in a manner that may harm, mislead, disturb, or unlawfully affect other Users, Respondents, Child Users, Parent / Legal Guardians, Third Parties, or the Company.
5.14. Where the Company reasonably believes that the User and/or, where applicable, the Parent / Legal Guardian or Child User has misused the SOS Alert functionality, created repeated false SOS activations, misused Critical Alerts, misused geolocation data or media files, violated these Terms of Use, violated applicable law, or created a security, safety, safeguarding, or abuse-related risk, the Company shall have the right, to the extent permitted by applicable law, to restrict, suspend, disable, limit, or terminate access to the Account, the Services, SOS Alert functionality, Critical Alert functionality, Fallback Notifications, or any other functionality of the App.
5.15. Where the Services are used by or in relation to a Child User, the use of SOS Alerts, Critical Alerts, Fallback Notifications, geolocation sharing, media sharing, notification permissions, background delivery of SOS Alerts, and other child-related functionality may require Parental Consent, permission, confirmation, or authorization of the Parent / Legal Guardian, where required under applicable law, these Terms of Use, the Privacy Policy, and/or the functionality of the App.
6. Payment for Services
6.1. Access to the Services is provided on a paid subscription basis in accordance with the Tariff selected through the App, unless otherwise expressly provided by the Company.
6.2. Unless otherwise indicated in the App, the Company may offer a monthly Tariff for USD 0.99 per month and an annual Tariff for USD 9.99 per year.
6.3. Unless otherwise specified in the App and/or required by applicable law, payment for the Services under the selected Tariff shall be charged automatically in advance for the relevant subscription period in accordance with the subscription conditions applicable to such Tariff.
6.4. The Company may also offer a one-month free trial period for the monthly Tariff. The scope, conditions of activation, and other terms of such free trial period shall be determined by the Company and indicated in the App. If a free trial period is activated, access to the Services during such period shall be provided in accordance with the conditions specified in the App. Upon expiration of the free trial period, the applicable subscription fee for the selected Tariff may be charged automatically, unless the subscription is canceled in accordance with the conditions made available in the App.
6.5. Payment for the Services shall be made through a Third Party payment service provider integrated into and/or made available through the App, under the conditions applicable at the time of payment.
6.6. The applicable subscription period, subscription fee, scope of access to the Services, renewal conditions, and other relevant payment terms shall be indicated in the App at the time of purchase, activation, and/or renewal of the subscription.
6.7. The payment of any subscription fee, activation of any Tariff, or use of any paid functionality does not guarantee uninterrupted operation of the App, delivery of SOS Alerts, delivery of Critical Alerts, delivery of Fallback Notifications, response by any Respondent, availability of emergency assistance, or any particular safety outcome. The availability and operation of SOS Alerts, Critical Alerts, Fallback Notifications, geolocation sharing, media sharing, and other functionality may depend on the functionality of the App, the selected Tariff, device settings, permissions, operating system limitations, communication channels, Third Party providers, and other conditions described in these Terms of Use.
6.8. Where the Services are used by or in relation to a Child User, the applicable Tariff may be selected, activated, managed, renewed, changed, and/or canceled by the Parent / Legal Guardian, and payment for such Services shall be made by the Parent / Legal Guardian or other person duly authorized to make such payment under applicable law.
6.9. The User and/or, where applicable, the Parent / Legal Guardian shall be responsible for the accuracy, validity, and sufficiency of the payment details and payment method used for payment of the subscription.
6.10. Deleting the App from the device, ceasing to use the App, disabling permissions, or deleting an Account may not automatically cancel an active subscription, stop automatic renewal, or terminate payment obligations, unless cancellation is completed through the relevant functionality of the App, the applicable app marketplace, payment provider, subscription management provider, or other method made available for cancellation under the applicable subscription conditions.
6.11. Where the Services are used by or in relation to a Child User, the Parent / Legal Guardian shall be solely responsible for subscription management, renewals, cancellation, payment authorization, chargebacks, and other payment-related actions connected with the relevant Tariff, unless otherwise expressly provided by the Company.
6.12. The Company shall have the right to suspend, restrict, downgrade, and/or terminate access to paid functionality, the relevant Tariff, and/or the relevant part of the Services in the event of non-payment, failed payment, cancellation of payment, chargeback, expiration of the subscription period without renewal, and/or other circumstances preventing proper payment for the Services, unless otherwise required by applicable law or expressly provided by the Company.
6.13. The Company shall have the right to suspend, restrict, and/or terminate access to the Services in the event of non-payment, failed payment, cancellation of payment, chargeback, expiration of the subscription period without renewal, and/or other circumstances preventing proper payment for the Services.
6.14. Where the Services are used by or in relation to a Child User, the Company may also suspend, restrict, downgrade, and/or terminate access to the relevant paid functionality, Tariff, and/or relevant part of the Services if the required payment for the applicable Tariff is not made, cannot be completed, is reversed, canceled, or otherwise fails in accordance with the applicable subscription conditions, unless otherwise required by applicable law.
7. Refunds
7.1. Refunds may be granted only for the current unused subscription period, unless otherwise required by applicable law.
7.2. No refunds shall be granted for any past, expired, used, or partially used subscription periods, except where otherwise required by applicable law.
7.3. No refund shall be granted solely on the basis that an SOS Alert, Critical Alert, Fallback Notification, notification, geolocation update, media file, or other communication was not sent, delivered, displayed, received, viewed, acknowledged, responded to, or acted upon due to device settings, disabled or limited permissions, operating system limitations, internet or mobile network issues, notification delivery provider failure, SMS or email delivery failure, Respondent unavailability, or other circumstances beyond the Company’s reasonable control, unless otherwise required by applicable law.
7.4. The User may request a refund within 14 days from the date of conclusion of the subscription, without giving any reason. In such case, the Company may refund the amount paid for the relevant subscription period in respect of which such request is made, subject to the conditions of these Terms of Use and/or applicable law, including where the right to such refund has not been lost, excluded, or otherwise limited.
7.5. Where the Services are used by or in relation to a Child User and payment for the relevant Tariff has been made by the Parent / Legal Guardian or another person making payment on a lawful basis, the relevant refund request may be submitted by such Parent / Legal Guardian or other payer, subject to these Terms of Use, the rules of the relevant payment provider, and applicable law.
7.6. A refund may be granted only in respect of the current subscription period. No refund shall be granted in respect of any past subscription periods. For example, if the monthly Tariff has been purchased, a refund may be granted only in respect of the current monthly subscription period. If the annual Tariff has been purchased, a refund may be granted only in respect of the current annual subscription period.
7.7. If payment for the Services is made through a Third Party payment provider, app marketplace, bank, and/or other financial institution, the refund procedure may also be subject to the rules, technical limitations, and processing procedures of such Third Party.
7.8. Any refund, where granted, shall be made to the person and/or payment method from which the relevant payment was received, unless otherwise required by applicable law or the rules of the relevant Third Party payment provider, app marketplace, bank, and/or other financial institution.
7.9. The Company shall have the right to refuse a refund request in any case where such request concerns a subscription period other than the current subscription period, including any previous, expired, elapsed, completed, or otherwise past subscription period. The Company shall also have the right to refuse a refund request where the request is made outside the scope of the refund rules established by these Terms of Use, including where the request does not relate to the current monthly Tariff or the current annual Tariff, as applicable.
7.10. The Company shall also have the right to refuse a refund request where access to the Services, the Account, the relevant Tariff, SOS Alert functionality, use of Critical Alerts, Fallback Notifications, or other functionality of the App has been restricted, suspended, disabled, or terminated due to violation of these Terms of Use, misuse of the App, repeated false SOS activations, abuse of Critical Alerts, misuse of geolocation data or media files, unlawful use of the Services, safeguarding-related concerns, security incidents, payment abuse, chargebacks, or other improper conduct of the User and/or, where applicable, the Parent / Legal Guardian or Child User, unless otherwise required by applicable law.
7.11. The Company shall also have the right to refuse a refund request where such request is submitted by a person who is not authorized to request the relevant refund, including where the payment was made by the Parent / Legal Guardian or another payer in connection with the use of the Services by or in relation to a Child User, unless otherwise required by applicable law.
8. Intellectual Rights
8.1. All intellectual property rights in and to the App, SOS Button, the Services, the Website, and all their components, including software, source code, object code, interface elements, design, visual materials, graphics, logos, names, texts, functionality, structure, selection, arrangement, databases, technical solutions, legal document pages, informational materials, and any other content and materials made available by the Company through the SOS Button, the Website, and/or in connection with the Services, shall belong to the Company and/or its licensors, unless otherwise expressly stated.
8.2. Nothing in these Terms of Use shall be construed as granting to the User, Child User, Parent / Legal Guardian, or any other person any ownership right, title, or interest in or to the App, SOS Button, the Services, or any intellectual property rights therein, except for the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the SOS Button and the Services solely in accordance with these Terms of Use and for their intended purpose.
8.3. The User, Child User, Parent / Legal Guardian, and/or any other person using the Services shall have no right to copy, reproduce, modify, adapt, translate, distribute, publish, transmit, display, perform, sell, license, reverse engineer, decompile, disassemble, create derivative works from, exploit, or otherwise use the App, SOS Button, the Services, or any part thereof, except to the extent expressly permitted by these Terms of Use and/or mandatory provisions of applicable law.
8.4. Any trademarks, trade names, logos, service marks, commercial designations, and other identifiers used in or in connection with the App, SOS Button, and the Services shall belong to the Company and/or the respective rights holders. No right or license to use any such intellectual property shall be granted unless expressly provided otherwise by the Company in writing.
8.5. To the extent the User, Child User, Parent / Legal Guardian, and/or any other person uploads, submits, records, transmits, or otherwise makes available any content, data, media files, materials, or other information through the App, such person represents and warrants that he or she has all rights, permissions, consents, authorizations, and legal grounds necessary for such use and for making such content available through the SOS Button and the Services, including, where applicable, in relation to a Child User.
8.6. The Company shall not acquire ownership of the content, data, media files, and other materials made available through the App by the User, Child User, Parent / Legal Guardian, and/or any other person, except where otherwise expressly provided by applicable law or a separate written agreement.
8.7. The Company shall have the right to use, host, store, reproduce, process, transmit, display, and otherwise technically use the content, data, media files, and other materials made available through the App solely to the extent necessary for the operation of the App, provision of the Services, compliance with applicable law, enforcement of these Terms of Use, protection of rights and legitimate interests, and/or for other lawful purposes connected with the functioning of the App and the Services.
8.8. Subject to compliance with these Terms of Use, the Company grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, install, and use the App solely for the purpose of lawful use of the Services in accordance with these Terms of Use, including, where applicable, use by or in relation to a Child User.
9. Responsibility
9.1. The User and/or, where applicable, the Parent / Legal Guardian shall be solely responsible for:
- 9.1.1. compliance with these Terms of Use, applicable law, and the lawful use of the App and the Services, including the lawful use of the Services by or in relation to a Child User;
- 9.1.2. all actions performed through the Account, as well as for the accuracy, completeness, validity, and lawfulness of any data, information, media files, geolocation data, location data, SOS Alerts, SOS Event Data, notifications, Fallback Notifications, and/or other materials uploaded, transmitted, shared, created, sent, or otherwise made available through the App, including any permissions, consents, confirmations, and authorizations provided in connection with a Child User;
- 9.1.3. ensuring that any contact details, Personal Data, media files, geolocation data, location data, SOS Event Data, and/or other information relating to another User, Child User, Parent / Legal Guardian, and/or any Third Party is provided, uploaded, transmitted, shared, created, sent, and/or otherwise used through the App on a lawful basis and in accordance with applicable law, including where such use requires Parental Consent, permission, confirmation, authorization, and/or another lawful basis under applicable law or these Terms of Use.
9.2. The Company does not verify the identity, background, actual condition, factual circumstances, availability, reliability, responsiveness, or conduct of any User, Child User, Parent / Legal Guardian, Initiator, Respondent, and/or other person using or connected with the Services. The Company does not verify whether any SOS Alert, SOS Event, message, media file, geolocation data, location data, or other information transmitted through the App accurately reflects real events, urgency, danger, location, condition, or circumstances.
9.3. The Company does not appoint, employ, engage, train, supervise, control, or otherwise manage any Respondent. The Respondent is not a representative, contractor, employee, agent, emergency service, rescue service, medical service, law enforcement authority, security service, and/or other controlled person of the Company. The Company also does not supervise or control any Parent / Legal Guardian, does not verify the actual relationship between a Child User and a Parent / Legal Guardian in every case, and does not assume responsibility for the actions, omissions, permissions, consents, confirmations, instructions, or requests of any Parent / Legal Guardian.
9.4. The Company shall not be responsible for:
- 9.4.1. any act, omission, failure to respond, delayed response, refusal to respond, improper response, acknowledgement, non-acknowledgement, and/or any other conduct of any User, including any Initiator or Respondent, Child User, Parent / Legal Guardian, and/or any other person using or connected with the Services or any SOS Alert or SOS Event;
- 9.4.2. any dispute, conflict, misunderstanding, claim, loss, damage, harm, expense, and/or other consequence arising between Users, Child Users, Parent / Legal Guardians, and/or involving Third Parties in connection with the use of the App and the Services, including any SOS Alert, SOS Event, SOS Event Data, Critical Alert, Fallback Notification, geolocation sharing, media sharing, response activity, delivery status, acknowledgement status, parental authority, permissions, consents, confirmations, or the use of the Services by or in relation to a Child User;
- 9.4.3. the failure of any SOS Alert, Critical Alert, Fallback Notification, notification, geolocation data, location data, location update, media file, SOS Event Data, and/or other information transmitted or made available through the App to be sent, delivered, received, displayed, viewed, acknowledged, responded to, reacted to, or acted upon at any particular moment or within any specific period of time;
- 9.4.4. any interruption, delay, error, failure, non-delivery, misdelivery, incomplete delivery, unavailability, or improper operation of the App and/or the Services, including SOS Alerts, Critical Alerts, Fallback Notifications, geolocation sharing, media sharing, location updates, SOS Event Data, and background delivery of SOS Alerts, caused by the User’s device, operating system, mobile network, internet connection, geolocation services, notification services, SMS services, email delivery services, cloud infrastructure, payment infrastructure, Third Party providers, force majeure circumstances, and/or other circumstances beyond the Company’s reasonable control.
9.5. The Company reserves the right, but not the obligation to:
- 9.5.1. monitor violations of these Terms of Use;
- 9.5.2. take appropriate legal action against anyone who, in the Company’s reasonable discretion, violates applicable law or these Terms of Use, including, without limitation, reporting such person to law enforcement, competent authorities, payment providers, app marketplace operators, and/or other relevant third parties, where appropriate;
- 9.5.3. remove from the SOS Button or otherwise disable all files, content, SOS Event Data, or other materials that are excessive, unlawful, abusive, misleading, unauthorized, technically harmful, or otherwise burden the Company’s systems or violate these Terms of Use or applicable law;
- 9.5.4. administer the App in a manner that protects the Company’s rights, property, systems, security, users, and legitimate interests and facilitates the proper functioning of the SOS Button;
- 9.5.5. restrict, suspend, disable, limit, or terminate access to the App, the Services, the Account, SOS Alert functionality, use of Critical Alerts, Fallback Notifications, and/or specific functionality where the Company reasonably believes that such action is necessary in connection with a Child User, parental authority issues, safeguarding-related concerns, false alerts, repeated false SOS activations, misuse of SOS Alerts, abuse of Critical Alerts, misuse of Fallback Notifications, misuse of geolocation data, misuse of media files, security incidents, payment abuse, chargebacks, or other violations of these Terms of Use or applicable law;
- 9.5.6. request information and/or documents reasonably necessary to verify identity, age, parental authority, consents, permissions, confirmations, or other lawful authority in connection with the use of the Services by or in relation to a Child User, where such verification is required or permitted under applicable law or these Terms of Use.
9.6. The Company may review and process complaints, requests, and messages related to technical issues, errors, malfunctions, safeguarding-related concerns, and other matters directly connected with the operation of the App and provision of the Services. At the same time, the Company does not intervene in disputes, disagreements, conflicts, or other relations between Users, Child Users, Parent / Legal Guardians, and/or Third Parties and shall not be obliged to assess, resolve, supervise, or participate in such matters.
9.7. Unfortunately, the transmission of information through the Internet, mobile networks, and/or the App cannot be completely secure. Although the Company takes reasonable technical, organizational, and administrative measures to protect Personal Data and other information, the Company cannot guarantee absolute security of any transfer of data, information, SOS Alerts, Critical Alerts, Fallback Notifications, notifications, SOS Event Data, geolocation data, location data, location updates, media files, and/or other materials transmitted to, from, or through the SOS Button. The User and/or, where applicable, the Parent / Legal Guardian acknowledges and accepts the risks associated with such transmission.
9.8. The Company shall not be responsible for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profit, loss of data, loss of opportunity, emotional distress, personal injury, and/or any other damage arising out of or in connection with the use of the App and/or the Services, including any SOS Alert, SOS Event, Critical Alert, Fallback Notification, geolocation sharing, media sharing, response activity, failure to respond, delayed response, use of the Services by or in relation to a Child User, or other functionality of the App, except to the extent such limitation of liability is prohibited by applicable law.
9.9. Nothing in these Terms of Use shall exclude or limit the Company’s liability to the extent such exclusion or limitation is not permitted under applicable law.
9.10. Where the Services are used by or in relation to a Child User, the Company does not determine, guarantee, or assume responsibility for whether any SOS Alert, SOS Event, Critical Alert, Fallback Notification, notification, geolocation sharing, media transmission, designation of a Respondent, or other use of the Services is appropriate, sufficient, necessary, or in the best interests of the Child User, except to the extent expressly required under applicable law.
9.11. The User and/or, where applicable, the Parent / Legal Guardian shall be solely responsible for selecting, adding, authorizing, approving, and/or maintaining any Initiator, Respondent, contact person, recipient, or other person who may receive SOS Alerts, SOS Event Data, Critical Alerts, Fallback Notifications, geolocation data, location updates, media files, notifications, or other information in relation to a Child User. The Company shall not be responsible for the suitability, reliability, authority, conduct, or actions of any such person.
9.12. The Company shall not be responsible for any access to, receipt, use, disclosure, review, copying, saving, forwarding, distribution, or other handling of SOS Alerts, SOS Event Data, Critical Alerts, Fallback Notifications, geolocation data, location updates, media files, notifications, or other information relating to a Child User by any User, Parent / Legal Guardian, Respondent, or Third Party who has been granted access through the App by the User and/or Parent / Legal Guardian, except to the extent such liability cannot be excluded under applicable law.
9.13. Where the Services are used by or in relation to a Child User, the User and/or Parent / Legal Guardian shall be solely responsible for ensuring the accuracy, completeness, relevance, and timely update of any data relating to the Child User, including identity data, contact details, geolocation-related settings, permissions, SOS Alerts, SOS Event Data, media, designated recipients, and any other child-related information.
9.14. The Company does not represent, warrant, or guarantee that the use of the App or the Services by or in relation to a Child User will prevent harm, ensure safety, secure assistance, ensure supervision, or eliminate risks to the Child User in any particular situation.
9.15. The App and the Services do not constitute a parental control service, guardianship supervision service, child-monitoring service, tracking guarantee service, or any other service intended to ensure continuous supervision, continuous location accuracy, or guaranteed awareness of the Child User’s activities, movements, or condition.
9.16. Where any media file, photograph, video recording, audio recording, or other material relating to a Child User is uploaded, transmitted, or otherwise made available through the App, the User and/or Parent / Legal Guardian shall be solely responsible for ensuring that such upload, transmission, or other use is lawful and based on all permissions, consents, authorizations, and other legal grounds required under applicable law.
9.17. The Company shall not be responsible for any instruction, request, consent, confirmation, authorization, restriction, deletion request, access request, or other action made by a Parent / Legal Guardian in relation to a Child User, including where such action is alleged by another person to be inappropriate, unauthorized, disputed, or contrary to the interests of the Child User, except to the extent the Company is expressly required under applicable law to act otherwise.
9.18. Where the Company reasonably believes that the use of the Services by or in relation to a Child User may create a risk of unlawful access, misuse of child-related data, repeated false alerts, repeated false SOS activations, misuse of SOS Alerts, abuse of Critical Alerts, safeguarding-related concerns, or other material risks to the rights, safety, or legitimate interests of a Child User, the Company shall have the right, without obligation and to the extent permitted by applicable law, to immediately restrict, suspend, disable, or terminate access to the relevant Account, functionality, data, or Services without prior notice.
9.19. The Company shall not be responsible for any inaccuracy, incompleteness, delay, outdatedness, interruption, or unavailability of geolocation data, location data, location updates, SOS Event Data, notification-related information, or other child-related technical information, including where such data concerns a Child User and is affected by device settings, permissions, technical limitations, connectivity issues, operating system restrictions, or other circumstances beyond the Company’s reasonable control.
9.20. The Company does not verify the factual condition, whereabouts, safety status, medical condition, urgency, or actual circumstances of any Child User and does not verify whether any SOS Alert, SOS Event, signal, message, media file, geolocation data, SOS Event Data, or other child-related information transmitted through the App accurately reflects real events or circumstances.
9.21. The Company shall have no obligation to investigate, reconstruct, validate, or independently assess any incident, dispute, complaint, or allegation involving a Child User, Parent / Legal Guardian, Respondent, or other person, except to the extent such action is expressly required under applicable law or is necessary for the Company’s own compliance, security, or lawful interests.
9.22. The Company does not guarantee uninterrupted, error-free, fully secure, or continuously available operation of the Website. The Company shall not be responsible for any temporary unavailability, technical failure, error, interruption, delay, outdated information, third-party link issue, download link issue, or other limitation affecting the Website, except to the extent such liability cannot be excluded under applicable law.
9.23. The Company shall not be responsible for any consequences caused by hacking, malicious software, unauthorized access, unauthorized use of the App, criminal interference, tampering with software or systems, unlawful actions of Third Parties, or other security incidents beyond the Company’s reasonable control, except to the extent such liability cannot be excluded under applicable law.
10. Governing Law and Dispute Resolution
These Terms of Use, as well as any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the Republic of Ectonia, unless otherwise required by mandatory provisions of applicable law.
Any dispute, controversy, claim, or disagreement arising out of or in connection with these Terms of Use, the App, the Services, their validity, conclusion, interpretation, performance, breach, termination, or enforceability, including where such dispute relates to the use of the Services by or in relation to a Child User, Parent / Legal Guardian, permissions, consents, confirmations, parental authority, or child-related functionality of the App, shall be resolved through negotiations between the Company and the User and/or, where applicable, the Parent / Legal Guardian.
Before initiating any formal proceedings, the Party seeking to raise a dispute shall send a written notice to the other Party describing the nature of the dispute, the relevant circumstances, and the relief sought.
If the dispute is not resolved through negotiations within the period specified by applicable law or, if no such period is specified, within a reasonable period from the date of receipt of the relevant notice, such dispute shall be subject to resolution by the competent courts of the Republic of Ectonia, unless otherwise required by mandatory provisions of applicable law.
Nothing in these Terms of Use shall prevent the Company from seeking interim, injunctive, protective, or other similar relief before any court or competent authority having jurisdiction, where such relief is necessary to protect the Company’s rights, legitimate interests, intellectual property, confidential information, the App, the Services, and/or the lawful use of the Services in connection with a Child User.
If mandatory provisions of applicable law grant the User, Child User, and/or Parent / Legal Guardian the right to submit a claim before another competent court, authority, tribunal, consumer protection body, and/or other dispute resolution body, nothing in these Terms of Use shall be construed as limiting or excluding such right.
11. User Consent
11.1. Where the provision of the Services is based on Consent, the User provides voluntary, informed, specific, and unambiguous Consent to the terms and conditions of provision of the Services by performing one or more of the following actions through the App:
- 11.1.1. creating an Account and confirming acceptance of these Terms of Use through the relevant checkbox and/or other equivalent technical method made available in the App during registration;
- 11.1.2. activating a subscription, selecting a Tariff, confirming payment, and/or otherwise requesting commencement of the Services through the relevant functionality of the App;
- 11.1.3. using the functionality of the App after acceptance of these Terms of Use, where such use confirms the User’s will to receive the Services under the conditions made available in the SOS Button;
- 11.1.4. confirming Consent through another technical method made available by the Company, including through in-app notifications, interface controls, device permissions, system permission prompts, notification permissions, permissions necessary for the background delivery of SOS Alerts, Critical Alert permissions where available, geolocation and/or location-related permissions, media access permissions, email confirmation, and/or other equivalent affirmative action, where applicable.
11.2. The User acknowledges that certain functionality of the App and the Services may require granting, enabling, maintaining, or updating device-level permissions and technical settings, including notification permissions, permissions necessary for the background delivery of SOS Alerts, Critical Alert permissions where available, geolocation and/or location-related permissions, media access permissions, and other permissions necessary for the operation of the relevant functionality. If such permissions are not granted, are withdrawn, disabled, limited, or incorrectly configured, the relevant functionality of the App may be unavailable or may operate with limitations, including SOS Alert delivery, delivery of Critical Alerts where available, geolocation sharing, media sharing, Fallback Notifications, and other safety-related functionality.
11.3. Where the Services are used by or in relation to a Child User, the use of the Services shall also be subject to the requirements of these Terms of Use, applicable law, and, where required, Parental Consent, permission, confirmation, and/or authorization of the Parent / Legal Guardian.
11.4. The Company may request that the User renew, update, and/or reconfirm Consent where required by applicable law, where the conditions of provision of the Services materially change, where new functionality is introduced, and/or where such reconfirmation is otherwise necessary for the lawful provision of the Services.
11.5. If the Company updates these Terms of Use, the Company may notify the User in the App and/or by other available means. Continued use of the SOS Button and the Services after such update may constitute acknowledgement of the updated Terms of Use to the extent permitted by applicable law. Where Consent is required by applicable law, the Company shall request such Consent through a separate affirmative action before the relevant Services are provided.
12. Parental Consent
12.1. Where the use of the Services by or in relation to a Child User is subject to Parental Consent, the Parent / Legal Guardian provides voluntary, informed, specific, and unambiguous Parental Consent to the terms and conditions of access to and use of the Services by performing one or more of the following actions through the App:
- 12.2. creating an Account and confirming acceptance of these Terms of Use through the relevant checkbox and/or other equivalent technical method made available in the App during registration;
- 12.3. activating a subscription, selecting a Tariff, confirming payment, and/or otherwise requesting commencement of the Services by or in relation to a Child User through the relevant functionality of the App;
- 12.4. granting, enabling, confirming, maintaining, or updating permissions, confirmations, authorizations, and/or other approvals required for the use of the Services by or in relation to a Child User through the relevant functionality of the App, including, where applicable, notification permissions, permissions necessary for the background delivery of SOS Alerts, Critical Alert permissions where available, geolocation and/or location-related permissions, media access permissions, communication options, and other permissions necessary for the operation of the relevant functionality;
- 12.5. confirming Parental Consent through another technical method made available by the Company, including through in-app notifications, interface controls, device permissions, system permission prompts, notification permissions, permissions necessary for the background delivery of SOS Alerts, Critical Alert permissions where available, geolocation and/or location-related permissions, media access permissions, email confirmation, and/or other equivalent affirmative action, where applicable.
12.6. The Parent / Legal Guardian acknowledges that certain functionality of the App and the Services used by or in relation to a Child User may require granting, enabling, maintaining, or updating device-level permissions and technical settings, including notification permissions, permissions necessary for the background delivery of SOS Alerts, Critical Alert permissions where available, geolocation and/or location-related permissions, media access permissions, and other permissions necessary for the operation of the relevant functionality. If such permissions are not granted, are withdrawn, disabled, limited, or incorrectly configured, the relevant functionality of the App may be unavailable or may operate with limitations, including SOS Alert delivery, delivery of Critical Alerts where available, geolocation sharing, media sharing, Fallback Notifications, and other safety-related or child-related functionality.
12.7. The Parent / Legal Guardian shall be solely responsible for ensuring that any Parental Consent, permission, confirmation, authorization, instruction, or request given in connection with a Child User is lawful, valid, accurate, and given by a person having the necessary parental authority or other lawful authority under applicable law.
12.8. The Company may request that the Parent / Legal Guardian renew, update, and/or reconfirm Parental Consent where required by applicable law, where the conditions of provision of the Services materially change, where new functionality is introduced, where the use of the Services by or in relation to a Child User continues over time, and/or where such reconfirmation is otherwise necessary for the lawful provision of the Services.
12.9. If the Company updates these Terms of Use, the Company may notify the Parent / Legal Guardian in the App and/or by other available means. Continued use of the SOS Button and the Services by or in relation to a Child User after such update may constitute acknowledgement of the updated Terms of Use to the extent permitted by applicable law. Where Parental Consent is required by applicable law, the Company shall request such Parental Consent through a separate affirmative action before the relevant Services are provided or continue to be provided.
13. Implementation of Changes
13.1. The Company shall have the right to amend, supplement, update, and/or otherwise modify these Terms of Use in the event of changes in the Services, functionality of the App, operation or functionality of the Website, Tariffs, payment terms, technical processes, legal requirements, business model, and/or other circumstances related to the provision of the Services, including where such changes relate to the use of the Services by or in relation to a Child User.
13.2. The User and/or, where applicable, the Parent / Legal Guardian shall independently review the current version of these Terms of Use and monitor any amendments thereto. The Company shall not be liable for the failure of the User and/or Parent / Legal Guardian to review the updated version of these Terms of Use.
13.3. The electronic and/or other version of these Terms of Use stored by the Company shall be deemed the valid, complete, and enforceable version of these Terms of Use in effect at the relevant time.
13.4. If the User continues to use the App and/or the Services after the updated version of these Terms of Use enters into force, the Company shall have the right to treat such use as confirmation that the User has reviewed and accepted the updated version of these Terms of Use, unless otherwise required by applicable law.
13.5. If the Services continue to be used by or in relation to a Child User after the updated version of these Terms of Use enters into force, the Company shall also have the right to treat such use by the User and/or, where applicable, the Parent / Legal Guardian as confirmation that the updated version of these Terms of Use has been reviewed and accepted, unless otherwise required by applicable law.
13.6. Where required by applicable law, the Company shall obtain separate Consent and/or, where applicable, Parental Consent to the relevant changes before such changes become applicable to the User and/or the use of the Services by or in relation to a Child User.
14. Company Details
Sentrivo OÜ
Register code: 17511615
Address: Harju maakond, Tallinn, Kesklinna, linnaosa, Tuukri tn 19, 10120
E-mail: info@buttonsos.com
