Effective from: September 9th, 2021
1. Contractual Relationship
These Terms of Use (“Terms”) govern your access or use of the applications, websites, content, products, and services (the “Services”) made available by GIRITECH Ltd., c/o 1 Watermill Lawn, Raheny
Dublin 5, Ireland and its subsidiaries, representatives, affiliates, officers and directors (collectively “Qdrome/Heroes Nearby”). Qdrome and Heroes Nearby are trading names of Giritech Ltd.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND GIRITECH LTD. In these Terms, the words “including” and “include” mean “including, but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Qdrome/Heroes Nearby may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate, region-specific disclosures (e.g. a particular application webpage on qdrome.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Qdrome/Heroes Nearby may amend the Terms from time to time. Amendments will be effective upon Qdrome/Heroes Nearby posting such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Qdrome/Heroes Nearby changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Qdrome/Heroes Nearby written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided by e-mail (info@giritech.net). In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms agreed upon).
Qdrome/Heroes Nearby collection and use of personal information in connection with the Services is described in the Privacy Statements located at qdrome.net/privacy.
2. The Services
2.1 Qdrome platform
Qdrome is the platform through which smart cities, organizations and companies can create and manage their own human networks and connect all parts of their ecosystems. In addition to using the Qdrome platform to report and respond to the Broadcasts, an individual user can use the app for private purposes. For people in distress or emergency situations, the Qdrome mobile app (Heroes Nearby) provides a chance to get help more quickly, keep safe, and be protected by and connected with family members, friends and professionals.
Organizations that use the Qdrome platform verify all their users themselves (responders and regular users). Thus, organizations are fully responsible for everything their members do in the network.
2.2 Heroes Nearby Global network
The Services comprise mobile and web application and related services (each, an “Application”), which enable users to call for help by sending customized Broadcasts and messages and get help through Heroes network (“Heroes”), family, friends and other users of the Application who are verified as Heroes by us or by some particular organization, club or association. Unless otherwise agreed by Heroes Nearby in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO GET HELP OR RESPOND THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH QDROME/HEROES NEARBY AS A PROVIDER OF PERSONAL SECURITY SERVICES, SECURITY AGENCY OR ANY OTHER PROFESSIONAL, MEDICAL OR OTHER SERVICES CONNECTED WITH PERSONAL SAFETY, PROFESSIONAL SERVICES OF ANY KIND, HEALTH CARE OR OTHER SIMILAR SERVICES.
License.
Subject to your compliance with these Terms, Qdrome/Heroes Nearby grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
Restrictions.
You may not:
Third-Party Services and Content.
The Services may be made available or accessed in connection with third-party services and content (including advertising) that Qdrome/Heroes Nearby does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Qdrome/Heroes Nearby does not endorse such third-party services and content and in no event shall Qdrome/Heroes Nearby be responsible or liable for any products or services of such third-party providers.
Additionally, Apple Inc. and Google, Inc. will be a third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS or Android mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
Ownership.
The Services and all rights therein are, and shall remain, Qdrome/Heroes Nearby property or the property. Neither these Terms nor your use of the Services convey or grant to you any rights:
3. Access and Use of the Services
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal or organizational user Services account (“Account”). Account registration can require that you submit certain personal/organizational information, such as your/organization name, mobile phone number as well as at least one valid payment method supported by Qdrome/Heroes Nearby. You agree to maintain accurate, complete, and up-to-date information on your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Qdrome/Heroes Nearby in writing, you may only possess one Account.
Text Messaging, Push notifications and Telephone Calls.
You agree that Qdrome/Heroes Nearby may contact you by text messages and push notifications at any of the phone numbers provided by you or on your behalf in connection with a Qdrome/Heroes Nearby account. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. Qdrome/Heroes Nearby may contact you as outlined in its User Privacy Policy, located at qdrome.net/privacy.
Referrals and Promotional Codes
Qdrome/Heroes Nearby may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services and/or a Membership fee, or other features or benefits related to the Services. You agree that Referrals and Promo Codes:
Qdrome/Heroes Nearby reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Qdrome/Heroes Nearby determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Qdrome/Heroes Nearby Terms.
User Provided Content (comments, social media content, ratings, reviews and other similar content) except those emitted or uploaded during Broadcasts and from personal profiles.
Qdrome/Heroes Nearby may, in sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Qdrome/Heroes Nearby through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Qdrome/Heroes Nearby, you grant Qdrome/Heroes Nearby a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Qdrome/Heroes Nearby business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Qdrome/Heroes Nearby in its sole discretion, whether or not such material may be protected by law. Qdrome/Heroes Nearby may, but shall not be obligated to, review, monitor, or remove User Content, at Qdrome/Heroes Nearby sole discretion and at any time and for any reason, without notice to you.
This does not apply to any sensitive information transmitted or uploaded during the Broadcast or any personal profile information. This sensitive information will be shared only in the moment of Broadcast to recipients chosen by the user including the members of the Heroes Nearby Global network. Everything about the use of sensitive information from Broadcasts and personal profiles is outlined in User Privacy Statement, located at qdrome.net/privacy..
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Qdrome/Heroes Nearby does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Payment
You understand that use of the Services may result in membership fees and charges to you for the services or goods you receive (“Charges”). Payments within Heroes Nearby mobile application are made through Google Play or Apple Store payment services.
The Qdrome platform is charged according to the software as a service (SaaS) model. Each organization pays for the use of the platform according to the valid price list published on the Qdrome/Heroes Nearby website. Usage is charged to the organization by the number of users who use the platform.
As between you and Qdrome/Heroes Nearby, Qdrome/Heroes Nearby reserves the right to establish, remove and/or revise charges for any or all services or goods obtained through the use of the Services at any time in Qdrome/Heroes Nearby sole discretion.
5. Responders/Heroes.
If you apply as a responder/Hero (as an individual or through a particular organization, club or association), you understand that responding and helping someone may result in stressful or dangerous situations. While you are in the role of a responder/Hero, you are responsible for your behavior, words and deeds. Qdrome/Heroes Nearby mobile and web applications and related services enable responders/Heroes to receive media-rich Broadcasts (text, photos, audios, videos, location data) from other users. Responders/Heroes must not under any circumstances share, publish or misuse the information sent by other users. At the scene, responders/Heroes must be an example of good, proper behavior and try to resolve the situation peacefully, with love and if possible without the use of violence of any kind. As a responder/Hero, please ensure that you follow the local law. Qdrome/Heroes Nearby is not responsible for any property damage, injury or emotional stress that can be caused by the actions of responders/Heroes or users. While you are in the role of a responder/Hero, any behavior involving unnecessary violence, sexual misconduct, harassment, discrimination, or illegal activity will result in the immediate loss of access to your account.
Recommendations for a responder/Hero behavior also apply to members of the Qdrome platform (responders and regular users), and Qdrome/Heroes Nearby is not responsible for any possible consequences arising from the way the Qdrome platform is used and the user’s behavior.
6. Verifiers/Recruiters.
If you are a Verifier/Recruiter, you understand that you suggest, verify and name the individual responders/Heroes and users in your organization, club, association or other entity. People you recruit/verify/recommend should behave in accordance with the recommendations for the responders/Heroes and users described above. All responders/Heroes and users in your organization should have installed Qdrome mobile app (Heroes Nearby) and read and accept Qdrome/Heroes Nearby Terms and Privacy Policy.
Heroes verifying process
Once you are a Verifier/Recruiter you can invite and approve your members as responders/Heroes. The first step is to invite potential responders/Heroes in your organization which is done through the Qdrome mobile app (Heroes Nearby).
The responsibility of the Verifier/Recruiter
As a Verifier/Recruiter, you officially represent your organization. The name of your organization will appear next to the name of each of these responders/Heroes.
The role of the Group Administrator
In the Qdrome platform, the Group Administrator’s role is to create the structure of the network, coordinate, control and manage people in the network. The Group Administrator can see all Broadcasts in real-time including location and all data that members send and receive to each other. The Group Administrator is fully responsible for the use of this information. Qdrome/Heroes Nearby provides a communication platform and is not responsible for any possible damages, injuries or similar incidents that may occur to members and users during the use of the platform.
7. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QDROME/HEROES NEARBY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. QDROME/HEROES NEARBY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOODS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
QDROME/HEROES NEARBY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURIES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF QDROME/HEROES NEARBY, EVEN IF QDROME/HEROES NEARBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
QDROME/HEROES NEARBY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES, LIABILITY OR LOSSES ARISING OUT OF:
INDEMNITY.
YOU AGREE TO INDEMNIFY AND HOLD QDROME/HEROES NEARBY AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), ARISING OUT OF OR IN CONNECTION WITH:
