(effective from 12.07.2021)

Article 1. Scope and subject matter

(1) BikerSOS provides services to the following terms and conditions (T & C), which are being accepted by the customer before downloading (download) and using the Service. The data protection declaration can be seen at the following webiste bikersos.com/en/l/privacy-policy

(2) The validity of any general terms and conditions of the Customer is being excluded explicitly.

(3) BikerSOS operates a service that will be made available to the customer in the form of a mobile application (BikerSOS app) on his/her mobile phone (smartphone). The provided application offers users the possibility to capture and save their trips by bike. The recorded data includes location, speed, direction, acceleration and rotation. On the basis of this data, the app tries to detect whether the driver is in a dangerous driving situation and sets an emergency call to a central service, if necessary.
Additionally BikerSOS offers a GPS-Tracker produced by Teltonika, which can be mounted firmly in the motorcycle and can be connected to the BikerSOS application.

(4) With the consent of the client, the data is being uploaded to a server in order to further develop the analysis algorithm. In case the customer uses the live tracking function, the location data can also be made publicly available or shared with social networks in the form of a special ID.

(5) The BikerSOS app can be dowloaded in the Apple App store and Google Play store. The app or individual functions can be free of charge or subject to a charge; in case the services are subject to a charge, the current price can be seen in the respective store.

Article 2. Services of BikerSOS

(2.1) BikerSOS App
The BikerSOS app provides multiple features for motorcyclists, which rely on the recorded GPS Data from the mobile application or the GPS tracker.

(2.1.1) Detecting a dangerous situation and emergency call

(2.1.1.1)Free
Within the free BikerSOS App the driver has the possibility, if he finds himself in a dangerous situation, to start an alarm. After the defined countdown duration, an emergency message is sent to an active emergency contact. This message is sent in the form of a text message to the emergency contacts number from the BikerSOS app. This message contains a link to an emergency page which provides more information about the dangerous situation and about the driver. An alarm started from the driver can only be stopped by the driver himself or on the emergency page by an emergency contact.

(2.1.1.2) Premium
1. The premium version can detect and abort dangerous situations automatically. Therefore the location, speed, direction, acceleration and rotation are monitored and based on this information a dangerous situation can be detected. If a dangerous situation is detected, the application starts a visual and acoustic alarm, which can be cancelled manually within the time set by the user. This alarm is also cancelled as soon as the BikerSOS app detects sufficient movement from the GPS signal or the rider starts moving again.
However, the use of the BikerSOS app neither guarantees nor warrants that every dangerous situation will actually be detected. Furthermore, no guarantee is given that in the event of a dangerous situation, emergency services will be on site in time. The use of the BikerSOS app is only intended to increase the chances of timely detection of a dangerous situation and alerting the responsible emergency services. For this reason, any liability for damages resulting from the non-recognition or incorrect recognition of dangerous situations is expressly excluded. Furthermore, BikerSOS assumes no liability for the timely arrival of emergency services on site or for the timely implementation of rescue measures.

2. The emergency message is sent via the internet to the BikerSOS emergency server. In the process, the position data and a user ID are transmitted. The emergency server then sends a message via SMS to the activated emergency contacts of the user. When reporting an accident by SMS (only available for Android, as long as Android still provides the automatic sending of SMS in the operating system), the position is transmitted and the user is recognised on the basis of the customer’s telephone number, which must be validated when purchasing the Premium Feature.

3. In order to use the premium service, it is necessary to purchase a weekly, monthly, annual or 2-year premium subscription. The purchase is processed via the Apple AppStore or Google Play Store and via the portal https://my.bikersos.com via the Chargebee platform. Subscriptions which are concluded via the Google Play or Apple App Store can only be cancelled by the customer himself. BikerSOS has no possibility to terminate them.Subscriptions that were concluded on the my.bikersos.com platform can be terminated by BikerSOS Support at the request of the customer.

4. The customer can enter their medical data in the BikerSOS app (Under Profile -> Medical Data) and emergency contacts. By entering this data, the customer agrees that it will be uploaded to a server, made available to the rescue services or emergency contact in the event of an accident, in order to provide them with better information for the respective rescue measures. The uploaded data will be made publicly available with a special ID generated for each emergency message as long as the emergency call has not been terminated.

5. In the case of the iOS app, the emergency call is sent via an online SMS service, via SMS to the previously mentioned numbers via SMS. It follows that the user of the iOS App needs an active internet connection for the alert to work. The customer expressly acknowledges this. 

6. BikerSOS reserves the right at any time to change the app provided to the customer in a manner reasonable to the customer in order to further develop and improve it.

(2.2) GPS Tracker
The BikerSOS GPS Tracker is a piece of hardware that must be permanently installed in the motorbike. The GPS Tracker including software is produced by the company Teltonika Telematics, Saltoniskiu st. 9B-1, LT-08105, Vilnius, Lithuania. BikerSOS can only configure the GPS Tracker or its functions to the extent provided by Teltonika.

The BikerSOS GPS Tracker can be activated and used in the BikerSOS App after activation of a Premium Subscription (annual or 2-yearly). 

The subscription must be concluded via the BikerSOS platform. If a subscription already exists in the Google Play or Apple Appstore for BikerSOS Premium, it can be transferred to the BikerSOS Chargebee service via the BikerSOS portal. With a Premium Subscription, one GPS Tracker can be activated free of charge. For each additional GPS Tracker activated for a Premium Subscription, half of the respective subscription costs per selected period will be charged.

(2.2.1) Accident Detection & Emergency Call

The GPS Tracker has an accident detection integrated in the standard software, which has been configured by BikerSOS via available parameters. 

If the device detects a sufficient vibration, this is sent via GSM network to the BikerSOS Tracker Server. If no further message is sent by the GPS Tracker within the pre-configured alarm time, which means the termination of the emergency call (e.g. new movement with speed > 10 km/h), the BikerSOS emergency call server is alerted. 

In case of an alert by a GPS tracker, the server tries to reach the rider to check whether it is a dangerous situation.

If the driver answers this call, the alarm is also cancelled. If the calls are not answered, the emergency call centre or the active emergency contacts are informed. In case of a false alarm and a call back of the rider to the number of the BikerSOS emergency call server, after the alarm time has expired, the rider can also cancel the emergency call.

BikerSOS assumes no liability for unrecognised dangerous situations or for false alarms.

Article 3. Availability

(1) The use of the BikerSOS App is depending on inputs of third parties, particularly GPS availability, sensor availability, power and processing power of the customers’ smartphones and the availability of the online connection, transmission of DTMF tones, as well as other factors that do not lie in the sphere of BikerSOS. Therefore BikerSOS does assume no liability for those inputs or any related service disruptions. The customer is particularly not entitled to a constant and continuous availability of the application. Any damages and / or warranty claims due to a service interruption or a disaster, from whatever reason, are explicitly excluded.
In this context is also noted that not all mobile operators, telecom operators or infrastructure managers support DTMF transmission or ensure error-free transmission.

(2) BikerSOS reserves the right to stop the provided service at any time. The customer is not entitled to a timely unlimited use of BikerSOS Services.

(3) The emergency center alerting which can be purchased via the premium in-app purchase is available in the listed countries within the mobile application. If an alarm is sent wihtin a not listed country, it can not be assured, that an emergency center is contacted. In this case active emergency contacts are contacted.

(4) The download of BikerSOS is free of charge. All costs for calls and messages, which are sent by the BikerSOS from the mobile phone in case of a dangerous situation or when cancelling this situation, have to be covered by the user. Messages which are sent by the emergency server are covered within the premium subscription.

Article 4. Obligations of the User

(1) The customer agrees to use the app BikerSOS (services of BikerSOS) for private purposes only. The customer is prohibited from integrating services of BikerSOS in full or in part in other offers or from using services of BikerSOS App (BikerSOS Service) for their own purposes or purposes of third parties commercially – regardless of whether it is private or commercial offers unless a written consent of BikerSOS is existing. Furthermore, the customer is obligated to truthfully provide the registration data and not to disclose the data to third parties.

(2) It is explicitly declared that not BikerSOS but the customer himself or herself is the contracting authority for any occurring emergency services through the use of BikerSOS app. The customer is therefore liable for all costs, expenses and damages that are arising for BikerSOS or third companies and rescue organization due to false alarm notifications by the user and the user has to indemnify and hold BikerSOS harmless therefrom.

In order to avoid incorrect and unnecessary alarm notifications, the customer agrees, by using this app, to continuously monitor the mobile phone (screen and speakers) and to react in case of a false alarm and cancel the emergency immediately.

In addition, the customer is obliged to refrain from any misuse of the BikerSOS app (BikerSOS Services), in particular the simulation of accidents in any manner and the deliberate triggering of false alarms.

Moreover, the customer has to refrain from circumventing security measures of BikerSOS service and / or to use or execute applications that can cause damage to the device and / or lead to a functional failure of the Services. The customer is liable for any damages that could arise for BikerSOS due to the violation of these obligations.

(3) The customer agrees, when using the Premium Service, to deactivate number suppression and in case of obtaining a new phone number for the device on which the BikerSOS app is installed, to confirm (validate) the new number. Only in this way it is possible to identify the user in case of an alarm notification.

With the use of the premium services of BikerSOS the customer agrees that callbacks from the emergency call center are only available in German and English. In case a verbal communication between the emergency call center and the user of the service is not possible, the alert is being started. The user hast to bear any adverse consequences hereof.

(4) The user is obligated to check the necessary settings and permissions of the smartphone or its operating system to ensure that the required sensors such as acceleration sensor, rotation sensor and GPS signal can be used. In particular, it is important to ensure that the energy-saving mode for the BikerSOS app is deactivated on operating systems based on the Android system and that access to the GPS positions is also permitted in the background, if the app has been started. Otherwise, the operating system may automatically close the BikerSOS app and it will no longer be possible to check dangerous situations.  

(5) If the customer violates the regulations of these terms and conditions and / or there is a reasonable suspicion of such an infringement, BikerSOS is entitled to exclude the respective customer and optionally delete the content used by him and addressed to him. For any damages arising for BikerSOS from the violation, the customer is liable separately.

Article 5. Privacy Policy

(1) Upon activation of BikerSOS app, all activities of the customer are recorded via Google Analytics. For further information on the privacy policy of Google, visit the website of Google Analytics (Http://www.google.at/intl/de/policies/privacy/).

By using the services of BikerSOS the customer agrees to the collection, storage and processing of his personal data, including the localization of his or her current location and acknowledges to BikerSOS the right to use all transmitted, stored and published data contents. BikerSOS is therefore entitled to use all data provided by the customer in the course of the service of BikerSOS or the country-specific regulations and to forward these data to emergency center partners from BikerSOS and to the user’s selected private emergency contacts in case of an emergency. According to the acceptance of these terms, BikerSOS can notify a user within the provided E-Mail address regarding news for this service. A user can sign off this service in every newsletter which is received.

(2) The medical data, which is stored by the customer himself, is transferred to a server and stored and can be accessed by the user after a registration and login on www.bikersos.com/login.
Emergency center partners from BikerSOS and private emergency contacts who are chosen by the user will receive this information in case of an emergency regardless of a users registration. With the activation of the BikerSOS app and disclosure of the relevant medical records, the customer explicitly agrees to the use of this data for the purpose mentioned.

(3) Information on Data:
According to the data protection regulations, every customer has the right to obtain information about his stored data free of charge. For questions regarding the collection, processing or use of data or for inquiries regarding adjustment of data, blocking and / or 

(4) Amendments to these rules:
If changes to the Privacy Policy are needed, we inform the customer in a timely manner with a message in their latest application version.

Article 6. Disclaimer

(1) The use of the offer of BikerSOS is solely at the customer’s own risk. On the part of BikerSOS is neither assumed liability for the timely detection of a dangerous situation nor for the initiation of appropriate emergency measures. By using the app BikerSOS it is only that the chances of timely dangerous situation detection and alerting the appropriate emergency measures are increased.

(2) In addition BikerSOS is only liable for damages caused by gross negligence or intent. In case of slight negligence BikerSOS is only liable in terms of loss of life, body and health – unless that liability is not omitted according to item (1) anyway.
Liability of BikerSOS for consequential damages, mere financial losses, lost profit as well as incurred damages from claims of third parties (in particular by any false alarms) is expressly excluded.

(3) BikerSOS assumes no liability for damages caused by third parties. This includes mainly, but not exclusively, the phone number provider (currently Twilio Inc, 645 Harrison Street, Third Floor, San Francisco CA 94107), the text message provider (IXOLIT GmbH Mariahilferstraße 77-79, A- 1060 Vienna, Austria) the cloud and server operator (Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043).

Article 7. Changes to Terms

Any changes of the Terms towards the customer can only become effective with the customers’ consent. The consent shall be deemed granted if BikerSOS notifies the customer via a message in the most current version of the app, and the customer does not object within one month and the legal consequence is clearly pointed out in the message.

Article 8. Applicable Law / Jurisdiction

(1) These terms and conditions and all legal relationships and disputes between BikerSOS and the customer are exclusively subject to Austrian law excluding the law rules of the UN purchase right.
(2) Place of fulfillment and exclusive jurisdiction for all disputes is the competent court in Linz, Austria.

Article 9. Final Provisions

The illegality, invalidity or unenforceability of provisions of these Terms shall not affect the legality, validity or effectiveness of the remaining provisions. Instead of the ineffective or invalid provision, a regulation, which comes closest to the economic purpose of the deleted provision will become effective