Terms of Service

Terms of Service

Last Updated: February 5, 2025

Welcome to the SOS Ping mobile application (“App”), operated by NV Projects (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the App, including any content, functionality, and services offered therein.

By downloading, installing, or using the App, you acknowledge that you have read and understood these Terms, and you agree to be bound by them. If you do not agree, do not use the App.

1. Emergency Services Disclaimer

1.1 Not a Replacement for Official Emergency Services

• The App provides emergency alert and location-sharing capabilities, but it is not a substitute for official emergency numbers (e.g., 911, 112) or other professional emergency services.
• Always contact local emergency services directly if you believe your life or health is in danger.

1.2 Service Limitations

• The App’s functionality depends on factors like:
  • Internet connectivity
  • Device battery
  • GPS accuracy
  • Network coverage
  • Correct user input
• We cannot guarantee real-time accuracy or uninterrupted service.
• The App may fail or be delayed if these dependencies are compromised.

1.3 No Guarantee of Response

• The App may notify selected contacts of your location or status in an emergency but does not guarantee these contacts will respond or be able to assist.
• We do not verify or endorse the competency of any emergency contact you provide.

2. Acceptance of Terms

2.1 Binding Agreement

By using the App, you confirm your acceptance of these Terms and our in-app Privacy Policy. If you do not agree, do not use the App.

2.2 Eligibility

• You must be at least the age of majority in your jurisdiction (often 18) to use the App.
• If you are under the age of majority, you may only use the App with parental or guardian consent.

3. User Accounts & Security

3.1 Account Creation

• You may be required to create an account with accurate, up-to-date information.
• You are responsible for maintaining the confidentiality of your login credentials.

3.2 Unauthorized Access

• Notify us immediately at info@nmxcommerce.com if you suspect unauthorized access to your account.
• We are not liable for any losses caused by unauthorized use of your account.

3.3 Contact Information

• Keep your emergency contact details accurate and current.
• Confirm your contacts have consented to receive alerts.

4. Permitted & Prohibited Uses

4.1 Permitted Uses

• Emergency Alerts: You may use the App to send alerts and share location data with your designated contacts during an emergency.
• Personal, Non-Commercial Use: The App is for personal use unless otherwise agreed with us in writing.

4.2 Prohibited Uses

• False Emergencies: Do not initiate false or malicious emergency alerts.
• Illegal Activities: Do not use the App for unlawful acts or to violate any regulation.
• Harassment & Privacy Violations: Do not use the App to stalk, harass, or invade the privacy of others.
• Tampering: Do not attempt to interfere with or disrupt the App’s servers, security, or networks.

5. Location Data & Privacy

5.1 Collection & Usage

• The App collects and processes your location data for emergency notifications and (if enabled) background tracking.
• Location data may be stored on our servers and shared with your authorized contacts.
• Additional details are in our Privacy Policy, available within the App.

5.2 Background Tracking

• If enabled, the App can track your location in the background, even if the App is not open.
• You can disable or limit background tracking in your device’s settings, but doing so may reduce emergency functionality.

5.3 Data Security

• We implement measures like data encryption and secure storage.
• However, no system is 100% secure. We cannot guarantee absolute data security.

5.4 Third-Party Integrations

• We use third-party APIs (e.g., SMS providers, cloud hosting) that may process your data.
• We require these third parties to follow privacy standards, but we are not responsible for their practices beyond our contractual agreements.

6. Subscription & Payment

6.1 Free & Paid Features

• Basic functionality may be free; advanced features may require a subscription or one-time payment.
• Subscription pricing and features are subject to change at any time.

6.2 Billing

• Subscription fees are billed in advance on a recurring basis, if applicable.
• You are responsible for all taxes or fees associated with your subscription.

6.3 Refunds

• Unless required by law, we do not offer refunds.
• If a refund is mandated in your jurisdiction, we will comply accordingly.

6.4 Changes to Pricing

• We reserve the right to change pricing and subscription tiers.
• We will provide notice if such changes affect you.

7. Intellectual Property

7.1 Ownership

• All content, trademarks, logos, and code in the App are owned by NV Projects or its licensors.
• You may not copy, modify, or redistribute our intellectual property without written permission.

7.2 Feedback

• If you submit feedback or suggestions, you grant us the right to use them without restriction or compensation to you.

8. Disclaimer of Warranties

Use of the App is at your own risk. The App is provided “as is” and “as available,” without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement.
• No guarantee that the App is error-free, uninterrupted, or meets your requirements.

We do not guarantee the timeliness, completeness, or accuracy of any location data or emergency notifications. Because the App depends on device battery, GPS, network connectivity, and user input, we make no warranties regarding its continuous or error-free operation.

9. Limitation of Liability

9.1 Indirect Damages

Under no circumstances shall NV Projects be liable for indirect, incidental, special, consequential, or punitive damages (including loss of data, revenue, or business opportunities) arising out of or related to your use of the App, even if we have been advised of the possibility of such damages.

9.2 Total Liability

Our total liability for all claims related to the App shall not exceed:

• The amount paid by you for the App in the twelve (12) months preceding the claim, or
• One hundred dollars (US $100), whichever is greater.

9.3 Essential Risk Allocation

You acknowledge that these limitations form an essential basis of the bargain and that, absent such, the Terms or fees would be substantially different.

10. Indemnification

You agree to defend, indemnify, and hold harmless NV Projects, its affiliates, and its respective directors, officers, employees, agents, and licensors, from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use or misuse of the App
• Violation of these Terms
• Failure to obtain necessary consent from contacts or third parties
• Any content you transmit or data you provide through the App

11. Termination

11.1 By NV Projects

We reserve the right to suspend or terminate your access to the App without notice if:

• You violate these Terms
• You engage in fraudulent or abusive behavior
• You fail to pay subscription fees (if applicable)

11.2 By You

• You may stop using the App at any time.
• To delete your account or request data deletion, contact info@nmxcommerce.com.

11.3 Effect of Termination

• Your access to emergency functionality ceases immediately upon termination.
• Sections relating to Limitation of Liability, Indemnification, and Intellectual Property survive termination.

12. Governing Law & Dispute Resolution

12.1 Governing Law

These Terms and any dispute arising out of or related to them or the App shall be governed by the laws of Denmark, without regard to conflict-of-laws principles.

12.2 Arbitration or Courts

• In the event of a dispute, either party may require that it be resolved by final and binding arbitration in Copenhagen, Denmark, under the rules of a recognized arbitration body.
• If arbitration is not chosen, you agree that all disputes shall be litigated in the courts located in Copenhagen, Denmark, and you consent to personal jurisdiction in those courts.

12.3 Class Action Waiver

You agree to resolve disputes on an individual basis. You waive any right to participate in class actions or class-wide arbitration.

13. Worldwide Use & Local Laws

While the App is available internationally, we do not guarantee it is appropriate or compliant for use in every country. You are responsible for compliance with all local laws and regulations.

Important regional considerations:

• European Union (EU): Additional GDPR-related rights may apply
• California: CPRA may grant extra consumer rights
• See our Privacy Policy for detailed information about your rights in these jurisdictions

14. Changes to These Terms

We may modify these Terms at any time, in our sole discretion. We will notify you by:

• Updating the “Last Updated” date above
• Providing additional notice via email or App notifications

Continued use of the App after changes signifies your acceptance of such changes.

15. Miscellaneous

15.1 Severability

If any provision of these Terms is deemed unenforceable, that portion will be limited or eliminated to the minimum extent necessary, and the rest remains in full force.

15.2 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

15.3 Entire Agreement

These Terms, along with our in-app Privacy Policy, constitute the entire agreement between you and NV Projects regarding the App, superseding any prior understandings.

15.4 Contact Us

For questions or concerns:

Email: info@nmxcommerce.com

Address:
NV Projects
Oesterbrogade 226 st 1, Suite #67
Copenhagen, 2100
Denmark