SOSpect App Terms of Use Regarding User Responsibility Version 1.0.1 Worldwide:
1. When reporting or responding on SOSpect App, the user is responsible for their words, avoiding accusations that incite violence. By agreeing, you release Sospect App and Wescot Corporation from any liability arising from their actions.
2. The user undertakes not to publish content that is illegal, inappropriate, offensive, defamatory, threatening, discriminatory, obscene, pornographic or that infringes the intellectual property rights of third parties.
3. The Company shall not be responsible for the content posted by the User through the Application.
4. The Company reserves the right to remove any content that it deems inappropriate or in violation of applicable laws.
5. You agree to indemnify the Company and Affiliates from any claims or damages arising out of your use of the App. Acceptance of these conditions implies a legal commitment to them. I understand that by clicking the Accept button, I am legally bound to comply with these terms.
6. The User acknowledges and agrees that his/her account will be temporarily suspended for a period of two (2) months in the event that the ratings of his/her contributions (alarms and descriptions) are mostly classified as false on six (6) occasions by the community, at the end of the day on which the activity in question has been carried out, whether it's an alarm or alarm description.
7. After the reactivation of the account after a suspension for false interactions, if the User incurs two (2) new violations, his/her account will be suspended again for a period of six (6) months. In the event that the User incurs two (2) additional violations after the reactivation after the second suspension for false interactions, the account will be permanently suspended.
8. Use of Location Information
8.1. The Application collects and uses the user's location information for the sole purpose of providing and improving the security services we offer. This location information is essential to allow the user to alert others to potential dangers or threats at their current location.
8.2. The user's location will not be exposed to any third party unless the user decides to trigger an alarm through the Application. By triggering an alarm, the user agrees that his/her current location will be shared with the recipients of the alarm, which may include family members, teachers, and others that the user has designated.
8.3. The App does not keep a user's location history. Only the user's current location at the time the App is opened or minimized on their device is collected and used.
8.4. We implement security measures to keep the user's location secret. If authorities require this information due to serious incidents caused by the user placing an alarm, after verifying the request and verifying that it comes from a competent authority, we may share the location in accordance with our terms of use.
8.5. By using our App, you consent to the collection and use of your location information in accordance with this policy. If you do not agree to the collection or use of your location information, you should not use our Application.
9. Use and Responsibility for the App
9.1. To receive security alerts, the App must be open or minimized on the user's device. We cannot guarantee that you will receive alerts if the App is closed.
9.2. The verification of potential threats through the Application is the responsibility of the user. We assume no responsibility for the user's failure to review these threats.
10. Cancellation of Subscriptions and Non-Refund of Powers of Attorney
10.1. Definition: "Power" is the internal currency of the SOSpect application. 100 powers of attorney are sold for approximately one US dollar (1 USD). Subscriptions cost on average 40 powers, and SOSpect gives away a power for every in-app interaction that other users have rated as successful.
10.2. If the Protected User(s) cancel a subscription before the end of its initial term, or if the User's account is permanently suspended for posting false information or alerts, the Proxies will be tied to their permanently suspended account and cannot be refunded.
10.3. By accepting these conditions, the user accepts the possibility of non-refund for misuse that leads to permanent suspension or early cancellation of subscriptions by decision of the user or his protégés.
10.4. Subscription cancellations include pre-confirmation screens, indicating that Proxies will not be refunded. By confirming the cancellation, the user accepts the loss of the Powers involved in the cancelled subscription.
11.1. The User agrees and acknowledges that, in the event that his/her account is suspended due to participation in actions that include false descriptions, misleading ratings, or any other conduct that may pose a risk to the user community, any additional features (powers) obtained through paid subscriptions will not be subject to refund.
11.2. In addition, the User understands that no refund of the amounts paid for such powers of attorney will be made. This condition applies regardless of the state of use of the powers acquired at the time of suspension. The User agrees to this non-refund clause as a condition for the acquisition of any power of attorney.
12.1. These terms and conditions may change and, when that happens, the application will ask for a new acceptance of conditions by presenting the User with the new text that will govern the use of SOSpect from that moment on. The application will not enter unless the new terms and conditions are read and accepted by the User.
13. Appeal Process for Account Suspensions
13.1. Right to Appeal: The User has the right to appeal in case of suspension of his/her account. To initiate the appeal process, the User must send a written request to the SOSpect App (soporte@wescot.com.co) support email address within fifteen (15) business days of notification of the suspension.
13.2. Review Procedure: Upon receipt of the appeal request, SOSpect App will review the case within thirty (30) business days. This review will include the examination of the evidence submitted by the User and any additional information relevant to the case.
13.3. Communication of the Decision: The decision taken after the review of the appeal will be communicated to the User by email. If the appeal is successful, the account suspension will be lifted and the User's access to the app will be restored, allowing only 2 new violations before being suspended again.
13.4. In the event that the appeal is denied, the specific reasons for such decision shall be provided.
14. Dispute Resolution Mechanism
14.1. Direct Negotiation: Before undertaking any legal action or arbitration, the parties agree to attempt to resolve any dispute arising under these Terms of Use by direct negotiation in good faith.
14.2. Mediation: If the dispute cannot be resolved by direct negotiation within sixty (60) days of the commencement of such negotiations, the parties agree to submit to mediation under the rules of the International Chamber of Commerce or any other mutually agreed mediation body, before proceeding to arbitration or litigation.
14.3. Arbitration: In the event that mediation fails to resolve the dispute, the parties agree to submit the dispute to final and binding arbitration, administered by the International Chamber of Commerce or any other mutually agreed arbitration body, in accordance with its arbitration rules. The arbitrator's decision shall be final and binding on both parties.
14.4. Jurisdiction and Governing Law.
14.4.1. This contract shall be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law.
14.4.2. Any dispute that is not resolved by negotiation, mediation or arbitration shall be submitted to the exclusive jurisdiction of the courts of Australia. However, this clause does not preclude you from seeking remedies available under the law of your country of residence in cases where such local law is applicable.
15. Privacy and Data Protection
15.1. We respect the privacy of our users. All personal information is handled in accordance with the Australian Privacy Principles (APPs) and any other applicable privacy and data protection laws in the jurisdictions where we operate.
15.2. Users have the right to access and correct their personal information stored by us. For more details, please see our Privacy Policy https://www.wescotcorporation.com/privacypolicy.html.
16. Consumer Rights
16.1 Nothing in these Terms of Use is intended to limit the rights you have under Australia's Competition and Consumer Act 2010 (Cth) (ACL), including statutory warranties and remedies in the event of faulty services.
16.2 This agreement extends to respecting equivalent rights under consumer protection laws in our users' jurisdictions.