Terms & Conditions

1. Introduction

1.1 These Terms and Conditions ("Terms") govern your access and use of the services provided by Vigilios GmbH, a company registered in Hollgasse, 1050 Vienna, (referred to as "Vigilios", "we", "us", or "our"), through our Vigilios applications ("App") and Vigilios platforms ("Platform"), jointly referred to as the "Vigilios Services". These Terms of Service constitute a legal agreement between Vigilios and a corporation or other legal entity, (the "Client"), or you as an individual using our services, (the “User”), (both referred to as “you” if applicable to both). The content and functionality of the Vigilios Services are described at www.vigilios.com

1.2 The primary purpose of the Vigilios Services is to provide personal safety information. We provide safety-related information based on location, user preferences, user's activity and other factors deemed relevant. By accessing or using the Vigilios Services, you are agreeing to these Terms.Please read these Terms carefully before accessing or using our services. If you do not agree to these Terms, do not access or use the Vigilios Services.

1.3 While Vigilios aims to provide valuable safety-related information and functionalities, they are not intended to, and do not, replace professional advice, services, or information provided by the police, government authorities, health & medical professionals, security personnel, or other professional health and safety services. The Vigilios Services should be used to complement, and not substitute, such professional advice and services. By accepting these Terms & Conditions, you understand and agree that your safety and security are your own responsibility and that Vigilios GmbH is not liable for any decisions, actions, or outcomes resulting from your use of the Vigilios Services.

2. Definitions

2.1 User(s): Refers to anyone who accesses and uses the Vigilios Services, irrespective of the method of access, the level of access, or the user's geographical location. Users may fall into one of three categories:

  • Visitors: These are individuals who access the Vigilios Services but do not register. They have access to basic functionalities.
  • Registered Users: These are individuals who have registered an account with Vigilios Services and thus, have access to more functionalities.
  • Subscribers/Paid Users: These are Registered Users who pay a subscription fee or unlock specific content for more access or functionalities within the Vigilios Services.

Please note that the ability to register an account or use the service may be subject to age restrictions, which will vary based on the user's country of residence.

2.2 Content: Refers to all information, text, graphics, videos, or other materials that Users can view, access, or interact with through the Vigilios Services.

2.3 Personal Information/Data: Refers to any information that can be used to identify an individual. This may include but is not limited to the User's name, email address, location data, usage data, in-app search queries, and feedback on in-app content.

2.4 Premium Services: Refers to additional features or services not available in the free version of the Vigilios Services. These may be accessible to Users who pay a subscription fee or unlock specific content.

2.5 Account: Refers to a User's registered profile within the Vigilios Services, created by providing certain required information and secured with a password. An account grants a User additional access and functionalities beyond what is available to Visitors.

2.6 Parties Refers to the User and Vigilios GmbH collectively, and "Party" refers to either the User or Vigilios GmbH individually.

3. Validity

Access to and use of the Vigilios Services, including but not limited to the App, Platform, all (sub-)domains, and mobile applications, are governed exclusively by these Terms of Service. No use of the Vigilios Services, whether by registration or otherwise, is permitted without agreeing to these Terms of Service in their entirety. By accessing or using any part of the Vigilios Services, you are confirming that you accept these Terms of Service and agree to abide by them.

4. Description of the Subject of Terms and Conditions

Vigilios provides users with a variety of safety-related information, content, and features through its different platforms. The following descriptions are illustrative and may not be exhaustive.

4.1 Website

4.2 Mobile App

The Vigilios mobile app, available for Apple iPhones, Android phones, and other smartphones, offers a range of functionalities, some of which are available for free and others which require a subscription. The functionalities include but are not limited to:

  • Map: Allows users to browse through the map and safety-related Points of Interest (like police stations, hospitals) and access area-specific information and description.
  • Support: Provides an overview of localized emergency contact numbers and, if applicable, organization-specific contact numbers.
  • Insights: Offers free content on safety-related topics, country-specific information, activity-specific information, and, if applicable, company-specific information.

4.3 Data Transmission

The user acknowledges that the transmission of data from the smartphone to the Platform may incur certain costs from the mobile carrier, which the user is responsible for. Additional terms and conditions from mobile phone providers may also apply.

5. User registration & account management

5.1 Registration

Certain features of the Vigilios App can be accessed without registration. However, to enjoy the full functionalities of the App, users are required to complete a one-time, free registration process. Registration is facilitated through the Vigilios App, where users must provide complete and accurate details as requested by the registration form (e.g. first name, last name, date of birth), unless these details are marked as voluntary. Registration must be completed using the user’s legal name—use of fantasy names or pseudonyms is not allowed. Only individuals capable of entering into legally binding agreements are permitted to register.

5.2 Account Management

Users can manage their account details and delete their account through the Vigilios App.

5.3 Account Security

We use the latest technology to secure our users' accounts. If users forget their password, they can reset it using the provided email through an email verification process. In case of a security breach or other similar issues, users can contact Vigilios at support@vigilios.com.

5.4 Account Misuse

Users are obliged to:

  • Provide truthful, current, and complete registration details and refrain from sharing such details with third parties.
  • Only save, publish, transmit, and distribute content (e.g., photos, pictures, text, representations, videos) if they have the exclusive right to use such content or have obtained all required rights, licenses, and permits.
  • Refrain from disruptive interferences in the network, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans, and other disrupting attempts regarding Vigilios's software or hardware.
  • Refrain from copying, distributing, transmitting, or collecting details accessible through technical aids (e.g., crawlers or bots) without the consent of the respective owner.
  • Promptly notify Vigilios of any detected breaches of the mentioned obligations via email to support@vigilios.com.

5.5 Data Management

The management of user data is governed by our Data Privacy Policy.

5.6 Implications of Registration

Upon successful registration, the user acknowledges their understanding and unequivocal acceptance of these Terms & Conditions. They also affirm that all provided registration information is precise, current, and complete, and they commit to maintaining its accuracy.

Each user is allowed a single registration with Vigilios, and by registering, they certify they haven't previously created an account or deleted an earlier activated user account.

Upon completion of the registration process, the user can log into the Platform by inputting their registered email address and selected password.

5.7 Rights of Vigilios

Vigilios reserves the right to deny registration to any user without stating reasons. In such cases, any data shared by the user will be promptly deleted.

If the information provided by a user is found to be inaccurate, outdated, incomplete, or misleading, or if Vigilios has valid reasons to suspect the same, Vigilios reserves the right to suspend or terminate the user's account immediately and without prior notice. Furthermore, Vigilios can refuse any current or future use of the Premium Services (or any portion thereof) without the user being entitled to a refund for any previously paid amounts.

Vigilios reserves the right to contact users at any point to verify their registration details.

5.8 User Identity

Vigilios disclaims responsibility for confirming the actual identity of users.

6. Types of users

6.1 Visitors

Visitors have access to the basic features: they can browse the map and access basic content without needing to register. Changes to Visitor Usage: Vigilios reserves the right to modify, suspend, or discontinue the features available to visitors at any time without prior notice.

6.2 Free Users

Scope of Features Available for Free Users:

Free users have access to the following features: browsing the map including access to Points of Interest and search features, access to emergency contacts, and access to content marked as free.

Changes to Free Usage:

Vigilios reserves the right to modify, suspend, or discontinue the free features at any time without prior notice.

6.3 Premium Users

Scope of Features Available for Premium Users:

Premium users have access to extended features, including detailed map information, area insights (safety-related information of areas within a city), real-time alerts, and additional features to be introduced in the future.

Furthermore, users have the opportunity to unlock specific content and features tied to regions, countries, activities, or other scopes deemed relevant. These are available through one-time payments, granting access for a specified period of time per content.

6.4 Payment Terms, Subscription Renewal & Content Unlocks

The subscription fee for premium services will be billed at the beginning of your subscription unless and until you cancel your subscription. All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods.

In addition, users can make one-time payments to unlock specific content and features for a specified period of time. These purchases are nonrefundable.

6.5 Cancellation & Refund Policy

You may cancel your Vigilios Premium Subscription at any time, and you will continue to have access to the Premium service through the end of your billing period. We do not provide refunds or credits for any partial subscription periods or for one-time content unlocks.

6.6 Changes to Premium Usage

Vigilios reserves the right to modify, suspend, or discontinue the premium features, including the availability of any content or feature, at any time without prior notice.

6.7 Termination

Every user has the right to terminate the use of Vigilios services at any time via his/her account settings. Such termination shall be confirmed to the user.

Vigilios reserves the right to terminate a user’s membership and free account for important reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and ancillary agreements.

6.8 Particular Right of Cancellation for Users as Consumers (in accordance with Austrian KSchG)

Consumer Law Applicability: If you are a Registered User, and you're utilizing the Vigilios Platform for purposes unrelated to any commercial or professional freelance activities, the provisions detailed below are applicable to you as a consumer, as per Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG):

Contract Withdrawal Rights: You reserve the right to revoke your agreement with Vigilios without citing any reasons, within 14 days from the day the agreement was formalized. The cancellation should be communicated in writing, such as by letter or email. You may direct your cancellation notification to: support@vigilios.com

Cancellation Consequences: Following the cancellation, any benefits mutually received must be returned, and any derived economical advantages must be repaid. If you're unable to fully or partially return the services rendered by Vigilios, you'll be required to compensate Vigilios for the lost value – relative to the duration of usage of the provided services. This may lead to an obligation on your part to proportionally fulfill your payment obligations until the cancellation comes into effect. All obligations to reimburse costs must be satisfied within 30 days. For you, this period commences with the dispatch of your contract cancellation, for us, it begins upon receipt.

7. Intellectual Property Rights

7.1 Ownership of Content: All content, features, and functionality on the Vigilios platform, including but not limited to, information, text, graphics, logos, images, software and the design, selection and arrangement thereof, are the exclusive property of Vigilios or its licensors, unless otherwise explicitly stated. All rights are reserved.

7.2 User-Generated Content: By posting, submitting, or otherwise providing any user-generated content, you grant Vigilios a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in any media, and to use the name that you submit in connection with such content. You also agree that Vigilios can analyze this data for various purposes including improvements to the platform, user insights, and potentially selling aggregated anonymized data to third parties.

7.3 Use of Content: Users are permitted to use the content on the Vigilios platform for personal, non-commercial purposes only. No part of the platform or its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way for any other purpose without Vigilios's prior written consent.

7.4 Third-Party Content: In the future, if Vigilios incorporates third-party content or data, the use of such content will be governed by the terms of use and policies of the respective third-party providers, in addition to these Terms & Conditions. Any violation of those terms may result in the termination of your access to Vigilios services.

7.5 Trademarks: The Vigilios name, the Vigilios logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vigilios or its affiliates or licensors. You must not use such marks without the prior written permission of Vigilios.

7.6 Copyright infringement: Vigilios respects the intellectual property rights of others and expects its users to do the same. It is Vigilios's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

7.7 Software: Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this Site is licensed to you by Vigilios on a non-exclusive and limited basis. Vigilios does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Vigilios retains the full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

8. Privacy Policy

Please see the separate Privacy Policy that is an integral part of this agreement.

9. Limitation of Liability

9.1 General Liability: In accordance with applicable law, Vigilios bears liability only in instances where damage is caused intentionally or through gross negligence. In circumstances of minor negligence, Vigilios' liability towards businesses is waived entirely, while towards consumers, liability is limited to personal damages. Vigilios assumes no liability for consequential damage, financial loss, lost profit, or damages stemming from third-party claims in transactions involving businesses. The user understands that the Vigilios Services are used entirely at their own risk.

9.2 Content and Information Liability: Vigilios, along with any affiliated entities, will not bear liability for damages ensuing from the utilization of content or information made accessible through the online platform or other forms of use related to Vigilios Services, unless legally obligated. This includes, but is not limited to, damages resulting from errors, complications, viruses, or data loss. The user acknowledges that any data or content may contain errors and Vigilios does not, to the extent permitted by law, assume any responsibility for the accuracy, completeness, legality, or reliability of such data.

9.3 Service Availability: Vigilios is not liable for periods of downtime or inaccessibility of the Vigilios Services, whether due to internal issues or factors beyond Vigilios' control, such as user-side connectivity issues. The user acknowledges that Vigilios does not warrant that the services will be available at all times or completely free from errors.

9.4 Non-Professional Advice: The Vigilios Services do not constitute professional medical or safety advice. Any reliance upon information obtained from Vigilios Services is strictly at the user's own risk.

9.5 User Conflicts: Users assume exclusive liability for any claims or lawsuits deriving from or relating to conflicts with other users. Users acknowledge and accept that Vigilios bears no liability for the actions or omissions of other users, or for any damages related to such actions or omissions.

9.6 External Content: Vigilios assumes no liability for external links, banners, or other information and marketing offers made accessible to the user. Any contractual arrangements entered into between the user and a third-party provider via linked websites or banners result solely in a contractual relationship between the user and the third-party provider. Vigilios does not make any representations or warranties with respect to products or services of third-party providers.

10. Indemnification

Indemnification: If any claims are brought against Vigilios by third parties due to the violation of their rights through content the user posted or any usage of the Vigilios services by the user, the user agrees to hold Vigilios harmless. This includes any and all legal costs (including but not limited to court costs and attorney fees, to the extent permitted by law) resulting from such claims, unless the user is not at fault for the infringement.

Assistance: If a third-party claim arises, the user agrees to provide Vigilios with all necessary, accurate, and comprehensive information to both assess the validity of the claim and mount a defense against it in a timely manner. This provision does not affect any other damage claims Vigilios may be entitled to make against the user.

11. Changes to this Terms & Conditions

Vigilios retains the right to modify these Terms & Conditions as required, for a variety of reasons, including but not limited to regulatory compliance, commercial reasons, or to improve customer service. The current version of these Terms & Conditions will always be available for review on the website and in the apps or as part of other contracts.

For minor modifications to these Terms & Conditions (such as those necessitated by a change in law), Vigilios may simply update the Terms & Conditions on the Platform and within the apps. You are encouraged to review these Terms & Conditions regularly to ensure you are familiar with the most current terms. For any substantial changes that could negatively impact you, Vigilios will either seek your explicit agreement to the changes via communication within the Vigilios Services, or we will inform you about any changes at least two weeks before they become effective through an email to the address provided during registration ("Amendment Notification").

The Amendment Notification will contain the following details: (i) the updated Terms & Conditions,
(ii) the date when the changes will become effective,
(iii) a two-week period within which you can raise objections, and
(iv) information on the consequences of not raising an objection.

If you do not object to the changes within the given time, the updated Terms & Conditions will be considered accepted. If you object to the changes, Vigilios has the right to terminate the user agreement and delete your user account. This will be done considering your interests, particularly if it is not possible or reasonable for Vigilios to continue the contractual relationship under the existing terms and conditions.

12. Discontinuation of Services

Vigilios maintains the right to terminate one or more of its Services. All users will be duly notified in the event of the App's discontinuation. Following this notification, Premium Members can continue using the App for the duration of their existing subscription period. However, please be aware that the following restrictions will be in effect during this period:

The ability to download the App on another device may not be available.

Vigilios will not provide any updates for the App during this time. This implies that if there's an update to your device's operating system or if there are changes in other critical third-party technical services during this period, it could render the App unusable. Vigilios does not take on any liability for such instances.

13. Miscellaneous

Should any provisions of these Terms and Conditions be deemed invalid or unenforceable, such determination will not impact the validity or enforceability of the remaining provisions herein, which shall remain in full force and effect.

The application and interpretation of these Terms & Conditions, along with all contractual relationships and disputes arising between users and Vigilios, are subject to Austrian law. This excludes the conflict of law rules under the United Nations Convention on Contracts for the International Sale of Goods. The preceding clause does not apply to users who are consumers as defined in the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG).

The designated place for service delivery and the exclusive jurisdictional court shall be Vienna, Austria. This stipulation does not apply to users who are consumers within the meaning of the KSchG.

14. Contact Details

If you have any questions or suggestions regarding this information or if you wish to contact us to assert your rights, please direct your inquiry to: hello@vigilios.com

Version: July 2023