ACUERDO DE LICENCIA DE LA APLICACIÓN: TERRITORIO SEGURO

TÉRMINOS Y CONDICIONES

 PRIVACY POLICY:

1. Personal information and any other information provided by the user in the use of the application could be stored on the user's mobile device, even so, said information will be stored by Moviltek, it is the sole and exclusive responsibility of the user to maintain the security of their mobile device. Unauthorized access.

2. The use of any personal information or any other information stored by the user through, or related to the application is subject to our privacy policy, which is integrated into this license by means of this reference.

3. If the user chooses to accept to allow the application to use the location then the user is giving Moviltek the right to use, disclose and show the current location of their wireless device, including geo-tagging of your messages and content. Moviltek is not responsible for your location information if the user decides to publicly disclose the use of the application.

4. Access to information: information is acquired when, after downloading our Safe Territory App, you are asked to fill out a registration form requesting the following information: Name and Surname, Identification Number, E-Mail, Country, Address and Telephone. This information is collected and is essential to help in the event of an Emergency to the User and is not shared or disclosed to third parties.

5. Registration and profile information. When you create an account, we may collect your personal information, such as your username, first and last name, email address, mobile phone number, and a photo, if you choose to have a photo associated with your account. If you want to add the names of other members to your account, we collect the member's name, email address and mobile phone number. We may also collect billing information when you subscribe to our services.

Data collected through the use of our website, services and mobile applications. After setting up your account, we may ask you for other profile and demographic information, such as instructions and emergency personal information, nickname, and other information necessary to provide our services.

6. Geolocation. We collect your location information through your device's IP address, WiFi, Bluetooth, and GPS coordinates (eg latitude / longitude) available through your mobile device or GPS tracking device. We may also collect information about your location using other technologies and sensors that can provide us with information about nearby devices, access points, and nearby WiFi networks and cell phone towers. We collect and maintain location data to provide you with the features and functionality of the Service. We collect and may use to collect sensory and motion data from your smartphone, mobile device or GPS tracking device, including gyroscope, accelerometer, compass and Bluetooth information to calculate and detect driving events such as speeding. , hard braking, collision detection and other events. The provider of your mobile device may refer to this information as "Movement and Fitness" data (description may vary by device and platform). User content and messages. We may retain any messages you send us. We use this information to operate, maintain and provide you with the features and functionality of our websites, services and mobile applications and to communicate directly with you, such as to send you alerts on the movements of your group members. , crime alerts in your neighborhood, etc.

1.GENERAL. 

1.1.Your SAFE TERRITORY APP An application that facilitates and speeds up the reporting of emergency and criminal events, through Audio, Image, geo-positioning and video in real time, empowering the user to be part of the solution to insecurity, providing direct, fast communication , simple with the control panel and with the competent authorities, TERRITORIO SEGURO is intended for use on the mobile device (Android, iOS. Versions: 5.0,6.0,7.0,8.0 –Resolution: 120 ldpi - 160 mdpi - 240 hdpi - 320 xhdpi - 480 xxhdpi - 640 xxxhdpi) (IOS Versions: 10, IOS 11, iOS 12 iphone x, iphone 8, iphone 7, iphone 6, iphone 5, 640x1136-750x1334-1080x1920-1125x2436) particular to the User.

1.2. For all purposes, the User when installing or using the Application, accepts and is bound by the terms of this contract. If the user does not want to accept the terms of this contract, then they will not be able to, nor should they proceed with its installation or use of the application.

1.3. By using the Application as a legal or conventional representative of a third party, the user declares that he is the authorized representative of that third party and that the use of the application represents his acceptance of the license.

1.4.This application is intended for one-time, permanent download. Whoever downloads the Safe Territory App will do so directly from the application store corresponding to the Smartphone's operating system. Once downloaded, access will be granted to Safe Territory upgrade update downloads.

1.5. It is of fundamental importance considering that this application is a tool that links its user with a natural or judicial person (competent authorities) that provides a remote monitoring service of events defined and activated by the user that is connected to a data network (internet connection), if the latter does not exist, the event will not be received or answered by anyone. This makes the event unresponsive. Therefore, the user of this application will not be assisted when an emergency event is sent.

1.6. Safe Territoryis a protection and security system, where one of its functions is to access your location (as long as the user accepts the access permissions to your location from your cell phone). Activating the GPS, This function is of vital importance since when sending an emergency event by the user, the user's location will be sent so that the competent authorities can locate it and provide the corresponding assistance. By sending an event, the user can see the location sent to the central monitoring station.

1.7. When using this application in an emergency situation or to report a suspicious person, Safe Territory has 5 buttons for sending alerts: 1. SOS / Panic: By pressing this button, a Panic event is automatically sent with video, audio and geo -front camera positioning, you can also send additional information via text, or make a call in real time. 2. Fire: Send a fire event to the Central or a Fire dispatch center. 3. Medical Assistance. Send a request for Assistance or an event from the Central Medical Alarm or to an ambulance dispatch center. 4.Virtual Vigilante: Activate the option of a virtual Vigilante (Panic programming by time and route without having to touch your cell phone in case of emergency. 5. Suspicious:

1.8. Safe Territorytake care of your family and your business. Know at all times the position of your loved ones and your employees by downloading Territorio Seguro PREMIUM (a product with special characteristics, of superior quality to the average, intended for those users who pay an additional amount - Info. Comercial@moviltek.co). advanced functions that allow us to view the status of your residential or commercial cameras and alarms, and if the selected devices of your family group or employees, who are in your environment have recently triggered an alert button or create geo-fences around from your home, business, your children's school or a dangerous area. The application will be able to generate alerts, if a family member or employee enters or leaves the defined areas or the tracking of their vehicles. Territory Safe Premium can quickly help you solve your problem by informing your company about the emergency and geo-positioning that you have.

1.9. The protection of personal data is important to Moviltek. We are committed to protecting your information and acting in accordance with your rights and privacy laws. Read this contract carefully. It provides important information about how we use your personal data and explains your legal rights.

1.10. Disclosure of your information.We will not sell your information to third parties; However, we may share it with partners, distributors, companies or affiliated companies in the context of the provision of our products and services. If we or substantially all of our assets are acquired by a third party, your information will be transferred to the new owner. The new owner will be subject to the same laws related to this contract and application.

1.11. Storage of your information. We store your personal data to use it for the purposes listed in the contract. When we no longer need your personal data, we will treat it securely in accordance with the Data protection policies.

1.12. This legal contract was updated in October 2020. We reserve the right to modify it periodically.

2. LIMITATION OF LIABILITY

2.1.Moviltek as developer and owner of this application, limits its responsibility EXCLUSIVELY to the correct operation of the application. It is not responsible, directly or indirectly, for the operation of the connections used by the Smartphone (Internet, Intranet, Telephone systems, etc.)

2.2. MoviltekAs the developer and owner of this application, it is not responsible for the actions or omissions attributable to the central monitoring of the competent authorities. The indication of those responsible for the articulation of this application is made effective simply by having compatible event management systems and compatible with the functions of the previous one. However, this cannot be construed as an extension of the responsibility of these companies with respect to the developer and owner of this application.

2.3. Moviltek As the developer and owner of this application, it is not responsible for actions or omissions attributable to security forces, public or private, that could be activated as a result of an event alert.

3. LICENSE AND RESTRICTIONS OF USE:

3.1. SAFE TERRITORY Grants the user a non-exclusive, non-transferable license to use the Application so that they can use said program on their mobile phone, for the sole purpose of using it subject to the terms and conditions provided in this license.

3.2. The user accepts and acknowledges that the application will be used for its main security function, and for commercial and informational purposes. You will receive individual notifications by Push messaging, in the event of relevant events for medical alerts, disease prevention campaigns, help for those affected, restrictions at airports / ports / border crossings, Decrees, surveys, etc.

3.3. By way of example but not limited to, the user undertakes and commits not to copy, reproduce, alter, modify, create derivative works, rent, lease, loan, sell, distribute or promote any information to which they have had access through the application, unless it is information in the public domain and the reason portal is also being used by the application or its developer or owner.

3.4. Prohibition of assignment or transmission to third parties. The user may not, in any way, assign or transmit to third parties the rights acquired through this license.

3.5. Distribution prohibition. This license explicitly prohibits the user from distributing or sub-licensing the application.

3.6. Prohibition of modifications. The user is prohibited, without limitation, from reverse engineering, decompiling, disassembling, modifying, versioning, marketing, duplicating, transforming or transmitting to any person, physical or statutory, partially or in full, in form or by means any, whether mechanical, magnetic, by photocopying or any other, or remove any property notices or labels from the application, including but not limited to, the logic diagrams, source codes, object and / or the data model.

3.7. Prohibition of illegal uses. The user undertakes to refrain from using the application for illicit purposes or effects, contrary to what is established in this license, in the conditions of the service as well as in the law, morality and generally acceptable good customs and public order including, without limitation constitute limitation, the applicable restrictions relating to copyright and other intellectual property rights. Likewise, the user undertakes not to use the application in any way that may damage, disable, overload or deteriorate the application.

 4. USE OF THE APP:

4.1. The user acknowledges and accepts that the application requires and uses the telephone service, internet connection, data access, for the ability to send their alarm reports, audio and video in real time, MOVILTEK is not responsible for availability or unavailability of said connection. MOVILTEK will charge for the use of the application and the user is responsible for paying for those services.

4.2. The functional use of the application will depend on its geo-position and geo-referencing data, the user acknowledges and accepts that the availability and accuracy of this data depend on the quality of the service of their telephone service provider and the specific hardware of their cellular device, which may limit the functionality of the application. The SAFE TERRITORY application will work optimally if the hardware used has Assisted GPS (A-GPS) in on-line mode (online mode). Online modes access data in real time, allowing the user to submit their emergency, thus requiring an active data connection. Similarly, the user acknowledges and accepts that the availability and precision of geo-position and geo-referencing data,

4.3. MOVILTEK You will be able to obtain data on the performance of the application in order to introduce improvements in it and always respecting the privacy of the user in accordance with the privacy policy that is provided in this contract. MOVILTEK reserves the right to monitor the application in order to determine that its use complies with this license and applicable laws. Likewise, MOVILTEK maintains the absolute and unconditional right to review or withdraw, at any time it deems it convenient for a user and the material available or transmitted by the application, in the same way. MOVILTEK reserves the right to collect, manage and exploit the data that may arise from the application. Within the privacy policy to which this contract refers.

4.4. Absence of Guarantees, the user accepts that the application is provided in its current state and excluding all conditions, statements and express, implicit, legal or other guarantees; including, without limitation, any implied warranties regarding quality, performance, availability, error-free, packet loss, merchantability, or fitness for particular use or purposes.

4.5. MOVILTEK nor does it guarantee connections or transmissions from or to the internet, or the quality of the communications made through the application.

When using the application, the user must follow the following security measures: 1) Provide real information at the time it is requested. 2) Observe all laws and regulations regarding the use of cell phones and other devices, current and applicable in the cities or places where you intend to use it.

 3). Do not modify the application databases if you have access to them. 4) Not to use the application for any illegal, unauthorized, dangerous, insecure or illicit purpose, or that in any way may violate the present license or applicable laws; Y

 5) Use the application only for the uses for which it was designed, in due form, without alerting the competent authorities to false, inaccurate or unnecessary events saturating the system. 6) The foregoing will carry the sanctions and penalties in force. National Police Code. Article 35. Behaviors that affect relationships between people and authorities.The following behaviors affect the relationship between people and authorities and therefore should not be performed. Its implementation will lead to corrective measures: 7. Inappropriate use of the single security and emergency number system.

PARAGRAPH 1. The behavior expected by the inhabitants of the national territory towards the authorities requires reciprocal behavior. The authorities, and in particular the uniformed police personnel, must address the inhabitants with respect and respond to their concerns and calls with the utmost diligence. The inhabitants of the national territory will inform the competent authority if this is not the case. PARAGRAPH 2. Anyone who incurs in any of the aforementioned behaviors, the following corrective measures will be applied concurrently: BEHAVIORS CORRECTIVE MEASURES TO APPLY Numeral 1 General fine type 2. Number 2 General fine type 4; Participation in community program or pedagogical activity of coexistence. Numeral 3 General fine type 4; Participation in community program or pedagogical activity of coexistence. Numeral 4 General fine type 4.Numeral 5 General fine type 4; Participation in community program or pedagogical activity of coexistence. Numeral 6 General fine type 4; Participation in community program or pedagogical activity of coexistence. Numeral 7 General fine type 4; Participation in community program or pedagogical activity of coexistence. PARAGRAPH 3o. The fines imposed for the occurrence of the behaviors indicated in paragraph 7 of this article will be charged to the bill for the service of the telephone line from which the call was generated.

5. RESPONSIBILITIES.

5.1. USE.The user will be responsible for the use they make of the application. Likewise, the user will be responsible for all the activity that occurs through their use of the application and will comply with all laws, treaties and regulations in force at the local, departmental, national and international levels in relation to use, including legislation on the matter. of data protection, communications and data transmission.

5.2. Content. The user is responsible for the communications they make and the content they transmit (geographical location) using the application, as well as the consequences derived from them. MOVILTEK will not assume any responsibility for the content or communications transmitted by third parties, and You have no obligation to control them.

6. Updates and Modifications:

6.1. Modifications to this license. MOVILTEK reserves the right to unilaterally modify and revise the terms and conditions of this license at any time without there being any obligation for MOVILTEK to communicate such modifications, although MOVILTEK will try to communicate substantial changes to the user. The user is responsible for periodically consulting the most updated version of this license. Access to or partial or total use of the application implies acceptance of the modification or modifications made.

6.2. Updates. MOVILTEK reserves the right to unilaterally modify, at any time and without prior notice to the user, the presentation, technical configuration and contents of the application in the terms it deems appropriate. Access or partial or total use of the application implies acceptance of the modification, not modifications made.

7. INTELLECTUAL PROPERTY RIGHTS:

7.1. The user acknowledges and accepts that full ownership of the application called TERRITORIO SEGURO Over the Teritorio Seguro brand and any other right that may be protected by the intellectual property of the application or arising from it are the exclusive property of TERRITORIO SEGURO and its licensors. Likewise, the user acknowledges and accepts that TERRITORIO SEGURO has all the rights over any suggestion, idea, request for improvement, comment, recommendation or any other information provided by the user in relation to the use of the application.

7.2. The user acknowledges and accepts that all rights, including those of intellectual property relative or corresponding to any third-party content that are not immersed in this application but which can be accessed through it, belongs to their respective owners and may be protected by laws or intellectual property treaties that the user agrees to respect and comply with.

8. DISCLAIMER OF LIABILITY:

8.1. The user acknowledges and accepts that both MOVILTEK uses the data of the global positioning system of his mobile phone, or the data of his antenna location of his cell phone operator, therefore, the determination of the location of the device may be inaccurate for reasons not attributable to MOVILTEK.

8.2. The availability of data connectivity, cellular communication and other technological issues associated with the plans purchased by the user are not the responsibility of MOVILTEK in any case, MOVILTEK will be responsible for any type of damage, regardless of the cause or whether it is from contractual or extra-contractual origin, or any other source of responsibility originated by the use or inability to use the application in an additional way, Moviltek will not be responsible for any error or defect in relation to the use that the user makes of the application or interruptions, suspensions, termination, failure or delay that occurs in the operation of the application. The application and the material is provided as is and according to its availability without warranty of any kind, either express or implied.

8.3. The services based on Geo-location are only for individual use, as an accessory measure of personal security or as a means to display conduct for the support of the competent authority. MOVILTEK is not responsible for the misuse of the application.

9. VALIDITY AND TERMINATION:

9.1. Validity This license will come into effect at the time the application begins to be used and will remain in force until it has been terminated for one of the causes provided for in this contract.

9.2 Resolution by MOVILTEK will have the Power to unilaterally terminate the contract at any time and without prior notice to the user that the license granted has been canceled:

 one)By updating the MOVILTEK application you can terminate or disable all or any part of the application. 2) in case of breach by the user of any of the provisions set forth in this contract. The resolution by MOVILTEK in accordance with this clause will not imply MOVILTEK's waiver of compensation or the exercise of the corresponding legal actions.

9.3. Termination by the user. The user may terminate this contract at any time by uninstalling the application from the device without having to notify MOVILTEK of this circumstance.

9.4. After the termination of that license, the user must cease all use of the application and uninstall the application from their mobile device.

10. INTEGRITY OF THE LICENSE:

10.1. Each of the stipulations of this license must be interpreted separately and independently of the others. If any of them become invalid, illegal or unenforceable by virtue of any legal norm or were declared null or ineffective by any court or administrative authority, the nullity or ineffectiveness. The contracting parties agree to replace the clause or clauses affected by another or others that have the corresponding effects for the purposes pursued by the parties in this license.

10.2. If for any reason the court of competent jurisdiction finds that any clause of that license is invalid or enforceable, the clause will be replaced by another that is valid and enforceable that more closely resembles the intention of the original clause, and the license will continue. in effect and will be fully executable.

11. PRIVACY POLICY:

11.1. Personal information and any other information provided by the user in the use of the application could be stored on the user's mobile device, even so, said information will be stored by Moviltek, it is the sole and exclusive responsibility of the user to maintain the security of their mobile device. Unauthorized access.

11.2. The use of any personal information or any other information stored by the user through, or related to the application is subject to our privacy policy, which is integrated into this license by means of this reference.

11.3. If the user chooses to accept to allow the application to use the location then the user is giving Moviltek the right to use, disclose and show the current location of their wireless device, including geo-tagging of your messages and content. Moviltek is not responsible for your location information if the user decides to publicly disclose the use of the application.

11.4. Access to information: information is acquired when, after downloading our Safe Territory App, you are asked to fill out a registration form requesting the following information: Name and Surname, Identification Number, E-Mail, Country, Address and Telephone. This information is collected and is essential to help in the event of an Emergency to the User and is not shared or disclosed to third parties.

11.5. Registration and profile information. When you create an account, we may collect your personal information, such as your username, first and last name, email address, mobile phone number, and a photo, if you choose to have a photo associated with your account. If you want to add the names of other members to your account, we collect the member's name, email address and mobile phone number. We may also collect billing information when you subscribe to our services.

Data collected through the use of our website, services and mobile applications. After setting up your account, we may ask you for other profile and demographic information, such as instructions and emergency personal information, nickname, and other information necessary to provide our services.

11.6. Geolocation. We collect your location information through your device's IP address, WiFi, Bluetooth, and GPS coordinates (eg latitude / longitude) available through your mobile device or GPS tracking device. We may also collect information about your location using other technologies and sensors that can provide us with information about nearby devices, access points, and nearby WiFi networks and cell phone towers. We collect and maintain location data to provide you with the features and functionality of the Service. We collect and may use to collect sensory and motion data from your smartphone, mobile device or GPS tracking device, including gyroscope, accelerometer, compass and Bluetooth information to calculate and detect driving events such as speeding. , hard braking, collision detection and other events. The provider of your mobile device may refer to this information as "Movement and Fitness" data (description may vary by device and platform). User content and messages. We may retain any messages you send us. We use this information to operate, maintain and provide you with the features and functionality of our websites, services and mobile applications and to communicate directly with you, such as to send you alerts on the movements of your group members. , crime alerts in your neighborhood, etc.

12. SERVICES AND CONTENT PROVIDED BY THIRD PARTIES:

 12.2 The user declares and acknowledges that Moviltek will not be directly or indirectly responsible for any damage or loss caused or supposedly caused by, or in connection with the use by the user of the service provided by third parties; including: 1) material that appears or is affordable through any service provided by third parties; 2) The performance and operation of any service provided by third parties; 3) any product or service advertised or sold on or through any service provided by third parties; 4) the activities derived from the acquisition of the application through portals or virtual stores operated by third parties which have established the conditions and terms of use that the user accepted when registering his user account in each of said channels.

 13. APPLICABLE JURIDICTION AND LAW.

  This license will be governed by the laws of the Republic of Colombia.

 14. EXONERATION.

 14.1. The users of the application will release Moviltek from all responsibility and will exonerate Moviltek from any claim, demand, civil liability, legal cause, complaint or damages (including reasonable attorneys' fees and expenses) that arise as a result of the use of said users make the mobile application, including but not limited to, incorrect information, content or delivery of the mobile application

15. RESOLUTION OF CONFLICTS.

  15.1 by using, accessing, downloading, installing, obtaining, supplying or providing information from and to the mobile application, users expressly accept that any claim, dispute, nonconformity or controversy of a legal and / or technical nature will be resolved first. measured by Moviltek, if a solution or response is not obtained, they must go to a duly accredited conciliation center.