FirstAED respects your privacy. This privacy statement describes your privacy rights and our commitment to secure your personal information.
1.1 This FirstAED App End User License Agreement (“EULA”) is made between FirstAED as licensor, operator and provider of the FirstAED App and you who have: 1) registered as a first responder and 2) downloaded the FirstAED App such that you may access and use the FirstAED App functionality from your mobile device. You are hereafter referred to as “User”.
1.2 The Agreement (“Agreement”) consists of i) the EULA, ii) the Consent provided by User in the App to the processing of the personal data and iii) the FirstAED App Privacy Notice.
1.3 FirstAED’s vision is to increase the survival rate for persons suffering acute cardiac arrest by making it possible for the emergency service centres in Europe to request the assistance of voluntary first responders who can help with Cardio Pulmonary Resuscitation (heart massage) (“CPR”) and if possible, deliver heart defibrillators (“AED”).
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1.4 THE AGREEMENT IS A LEGAL AGREEMENT BETWEEN USER AND FIRSTAED APS. USER AGREES THAT THE AGREEMENT HAS THE BINDING LEGAL FORCE AND EFFECT OF A CONTRACT SIGNED IN INK AND DELIVERED IN PERSON. BY PRESSING THE “I ACCEPT” BUTTON AND BY INSTALLING, ACCESSING, USING ANY PART OF THE FIRSTAED APP, USER EXPRESSLY AGREES TO BE BOUND BY THE TERMS OF THIS EULA. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS EULA, USER MUST IMMEDIATELY UNINSTALL THE FIRSTAED APP.
1.5 THE AGREEMENT IS APPLICABLE FOR ALL RELEASED VERSIONS OF THE FIRSTAED APP.
1.6 THE AGREEMENT MAY BE AMENDED FROM TIME TO TIME. FIRSTAED PROVIDES NOTICE TO USER OF AMENDMENTS BY POSTING THE UPDATED AGREEMENT IN THE APP, AND USER’S CONTINUED USE OF THE APP WILL SIGNIFY HIS/HER AGREEMENT TO THE UPDATED TERMS. AMENDMENTS OF CONSENT MAY FOLLOW A DIFFERENT PROCEDURE, AS REQUIRED BY APPLICABLE DATA PROTECTION LEGISLATION.
2. FirstAED App Usage Terms
2.1 Description. The FirstAED App is a software application and the software is proprietary to FirstAED ApS in Denmark, and FirstAED has a right to sublicense the right of use to User. The FirstAED App is designed to allow User to use the FirstAED App functionality via his/her mobile device. Intellectual property laws and treaties protect the FirstAED App. User’s use of the FirstAED App is licensed and not sold. Save for the users rights under applicable data protection legislation, User waives all claims to any rights in any data and information and intellectual property rights which may be provided hereunder by a party.
2.2 Third Party Vendors/Distributors. User is aware that FirstAED ApS makes no warranties with reference to any third party vendor/distributor software and/or services that are complementary or used in conjugation with the FirstAED App. Although the intended use of the FirstAED App is to facilitate lifesaving resuscitation in sudden cardiac arrest and similar urgent conditions, no warranty or representation is given with respect to the outcome thereof or the functionality of the FirstAED App.
2.3 Accessibility and Function. User agrees that from time to time, the FirstAED App may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment (hardware) malfunctions; (ii) software malfunctions; or (iii) periodic maintenance procedures or repairs which FirstAED ApS may undertake from time to time. FirstAED ApS is not responsible, directly or indirectly, for the performance and/or reliability of third party vendor/distributor system, equipment or otherwise, or User’s Internet Service Provider (ISP).
2.4 Equipment. User shall be solely responsible for providing, maintaining, and ensuring compatibility with the FirstAED App and hardware, other software, electrical and other physical requirements for User’s use of the FirstAED App, including, without limitation, telecommunications and Internet connection(s), ISP, web browsers and/or other equipment, programs and services required to access and use the FirstAED App and follow up on calls for assistance.
2.5 Grant of License. FirstAED ApS grants User a non-exclusive, time-limited, revocable, non-transferable, non-sublicenseable right and license to use the FirstAED App for Users personal, non-commercial purposes via a mobile device. User’s license to use the FirstAED App is conditioned on User’s compliance with the terms of the Agreement, and User’s license to use the FirstAED App terminates immediately upon User’s material breach of the terms of the Agreement and upon uninstalling the FirstAED App. User may not sublicense, transfer, or assign the FirstAED App, directly or indirectly, to any person, entity, partnership, organization, association or otherwise, for any reason.
2.6 Upgrades. During the term of the license, User is entitled to upgrade the FirstAED App to the latest version as provided by FirstAED ApS. User must update to the latest version of the FirstAED App to be able to receive and respond to alerts calling for assistance. FirstAED ApS does not undertake any liability for User’s inability to respond to such alerts.
3.1 Term. The term of the Agreement begins upon User’s download of the FirstAED App and acceptance of the EULA and grant of the consent and continues until terminated pursuant to Section 8 or when User uninstalls the FirstAED App.
3.2 Fee. User will not receive any fee or other remuneration in regards to his or her response to calls for assistance and performance of assistance in regards to victims suffering a suspected or actual cardiac arrest or similar condition.
4. User Representations and Warranties
4.1 User represents and warrants to FirstAED ApS that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User’s obligations under the Agreement; (b) all information provided by User to FirstAED ApS is truthful, accurate and complete; (c) User shall comply with all terms and conditions of this EULA including, without limitations, the provisions set forth in Section 5; (d) User has provided and shall provide accurate and complete registration information including e.g. User’s legal name, email address, and telephone number; and (e) User acknowledges that all right, title, and interest to the FirstAED App belongs to FirstAED ApS and (f) the User, and not FirstAED ApS, is solely responsible for the security and use of User’s login and password. FirstAED ApS reserves all rights not expressly granted to User in this EULA.
5.1 User agrees not to transmit or disclose any victim personal data nor personal data relating to any other persons unless this is necessary for the vital interests of the victim of the emergency and the victim is unable to provide his/her consent to the disclosure of the personal data, e.g. disclosing information to rescuers or other health care professionals included in the rescue or disclosure is necessary for reasons relating to establishment, exercise or defence of legal claims. This includes, but is not limited to, location, names or other specific circumstances which can be related to third parties e.g. victims suffering a suspected or actual cardiac arrest.
5.2 User shall be solely responsible for any authorized or unauthorized access to User’s account in the FirstAED App by any person, entity, partnership, organization, association, or otherwise. This does not relieve FirstAED ApS of its responsibilities as the data controller.
6. Security of User’s System
6.1 User shall be responsible for the security, confidentiality, and integrity of all messages and the content that User receives, transmits through or stores via the FirstAED App or on any equipment used to access the FirstAED App. This does not relieve FirstAED ApS of its responsibilities as the data controller.
7. Prohibited Uses
7.1 Errors, Acts, Omissions and Unacceptable Use. User, directly or indirectly, agrees not to engage in, facilitate, or encourage any unlawful or unethical use of the FirstAED App or any information derived through the FirstAED App. This includes but is not limited to (i) disclose, store or transmit unsolicited messages, chain letters, or unsolicited commercial email; (ii) disclose, store or transmit material that, to a reasonable person may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disclose, store or transmit files, graphics, software or other material or information that actually, impliedly, or potentially infringes the copyright, trademark, patent, trade secret, trade name or other intellectual property right of any person, entity, partnership, organization, association or otherwise; (iv) create a false identity or to otherwise attempt to mislead any person, entity, partnership, organization, association or otherwise, as to the identity or origin of any communication; (v) distribute, redistribute, or permit transfer of content in violation of any applicable export or import law and/or regulation or restriction, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the FirstAED App or any other computer network; (vii) disseminate, store or transmit viruses or any other malicious code or program; or (viii) engage in any other activity deemed by FirstAED ApS, in its sole discretion, to be in conflict with the spirit or intent of the Agreement.
7.2 Dissemination. User may not disclose software, username(s) and/or password(s) to any other person, entity, partnership, organization, association or otherwise.
8.1 The Agreement is effective upon User’s acceptance of this EULA and grant of consent and shall continue in full force until terminated.
8.2 User may terminate this EULA for any reason by uninstalling or ceasing use of the FirstAED App, however the act of uninstalling the FirstAED App is not considered or deemed a withdrawal of consent to the processing personal data.
8.3 Withdrawal of consent must take place separately by contacting FirstAED ApS at the contact point provided below, or the relevant Emergency Medical Service in operation in the area, after which all data of the user will be anonymized/deleted.
8.4 FirstAED ApS reserves the right, in its sole discretion and without prior notice to User, at any time and for any reason, to: (a) remove or disable access to all or any portion of the FirstAED App; (b) suspend User’s access to or use of all or any portion of the FirstAED App; and (c) terminate the Agreement.
9. Disclaimer of Warranties
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9.1 THE FIRSTAED APP IS PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE FIRSTAED APP IS AT USER’S SOLE RISK. FIRSTAED APS NEITHER WARRANTS THAT THE FIRSTAED APP WILL BE UNINTERRUPTED NOR ERROR FREE, NOR DOES FIRSTAED APS MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE FIRSTAED APP OR THE INFORMATION MADE AVAILABLE BY THE FIRSTAED APP. FIRSTAED APS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. FIRSTAED APS MAKES NO WARRANTIES WITH REFERENCE TO THIRD PARTY SOFTWARE AND/OR SERVICES WHICH USER MAY USE ALONG WITH THE FIRSTAED APP.
10. Limitation of Liability
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10.1 TO THE FURTHEST EXTENT PERMITTED BY LAW;
10.1.1 UNDER NO CIRCUMSTANCES SHALL FIRSTAED APS, DIRECTLY OR INDIRECTLY, BE LIABLE TO USER OR ANY OTHER PERSON, ENTITY, PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THE AGREEMENT OR THE FIRSTAED APP, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE FIRSTAED APP, CHANGES TO OR INACCESSIBILITY OF THE FIRSTAED APP, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, CALLS FOR ASSISTANCE OR AGREEMENT ENTERED INTO VIA THE FIRSTAED APP, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE FIRSTAED APP, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.
10.1.2 USER’S SOLE REMEDY AND FIRSTAED APS`S SOLE LIABILITY FOR ALL CLAIMS HEREUNDER, HOWSOEVER ARISING SHALL BE FOR USER TO UNINSTALL THE FIRSTAED APP AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 8.
10.1.3 FIRSTAED APS IS NOT LIABLE FOR ANY ITEMS VIEWED OR TRANSMITTED VIA THE FIRSTAED APP.
10.1.4 FIRSTAED APS IS NOT OBLIGATED, DIRECTLY OR INDIRECTLY, TO TAKE ANY STEPS TO PREVENT OR CORRECT ANY ILLEGAL, ABUSIVE OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY USER, NOR IS FIRSTAED APS OBLIGATED, DIRECTLY OR INDIRECTLY, TO ARCHIVE OR OTHERWISE MAINTAIN OTHER REPRODUCTION OF THE CONTENT WHICH APPEARS OR IS TRANSMITTED ON THE FIRSTAED APP FOR FUTURE REFERENCE.
10.1.5 FIRSTAED APS IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTION OR INACTION WITH RESPECT TO ANY CONTENT ON THE FIRSTAED APP.
10.1.6 FIRSTAED APS IS NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR COMPLIANCE OR LACK THEREOF BY ANY THIRD PARTY VENDORS WITH RESPECT TO ANY APPLICABLE LAWS AND REGULATIONS.
10.1.7 FIRSTAED APS DOES NOT GUARANTEE OR WARRANT FUNCTIONALITY AND/OR SECURITY OF INTERNET TRANSMISSIONS.
11.1 To the furthest extent permitted by law, User agrees to indemnify, hold harmless, and defend FirstAED ApS, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, entity, partnership, organization, association or otherwise, arising out of or relating to: User’s use of the FirstAED App, including any data or work transmitted or received by User.
12.1 Waiver. No waiver of any term, provision or condition of the Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
12.2 Severability. If any provision of the Agreement is determined to be illegal or unenforceable, then such provision shall be enforced to the maximum extent possible and the other provisions shall remain fully effective and enforceable.
12.3 Notice. All notices shall be in writing and shall be deemed to be delivered when sent by mail, or email to either parties’ last known email address, respectively. User hereby con-sents to notice by email. All notices shall be directed to a party at the addresses and email addresses last provided by that party. User can only change such email address in the FirstAED App.
12.4 Force Majeure. If the performance of any part of the Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by causes beyond the reasonable control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.
12.5 Survival. The terms and provisions of sections 3, 4, 5, 6, 7, 9, 10, 11, 12 and 13 shall survive any termination or expiration of the Agreement.
12.6 Entire Agreement. The Agreement and any agreed terms in the FirstAED App and any subsequent amendments to the Agreement constitute the complete agreement between the parties with respect to the FirstAED App and supersedes any and all prior or contemporaneous communications, statements and understandings, whether oral or written, between the parties concerning the FirstAED App.
12.7 Assignment. FirstAED may assign all its rights and obligations hereunder to a third party without approval of User.
12.8 Governing Law and Venue. The Agreement shall be construed and governed under and by the laws of Denmark with disregard to its conflict of law provisions. The parties agree that the exclusive venue for any legal action shall be vested in the ordinary courts of Denmark.
Tel.: +45 23 32 58 25