Terms of use

BlinkApp Terms of Use

Please read all of the following BlinkApp Terms of Use (the “Terms of Use”) carefully, you will have to accept / agree to the terms of use to be allowed to access, download or use BlinkApp (as defined below).

BlinkApp LLC. (“we,” “us, “our”) operates BlinkApp and provides the personal assistance and safety services described on the BlinkApp Web site (collectively, the “Service”).

The purpose of our proprietary is auto accident detection, notification, and driver behavior analysis using smartphone, as well as estimation of the car speed without GPS (“Service”), BlinkApp is designed to notify your selected contacts with the accidents happened to you providing the accident location, severity and date/time, further to monitor your driving attitude after getting the required approval.

We provide you access to BlinkApp either directly or through your insurer, employer or manager (“Third Party”).

By clicking “I agree” button next to these Terms of Use, You agree to (a) sign up to BlinkApp, (b) using or authorizing someone to use the BlinkApp services or any of its features; (c) access to BlinkApp web site or application in a way (whether automatic or otherwise), you agree to these Terms of Use, our Privacy Policy (as a reference to any of the Terms) attached below or may applies to specific  issues of the BlinkApp Web site or BlinkApp application or services.

  1. Terms of use:

 

  1. This version of BlinkApp Is a free version, you shall not be entitled to pay any fees or charges; however, we may operate premium plans of service in later stages.
  2. BlinkApp will not function when (a) your device or its operating system is not compatible with the Service, (b) your device is not compatible with operating system updates or its hardware or software is not working properly, (c) either the location services or fitness tracker is not enabled on your device, (d) your device is powered off or does not have battery power, or (e) your device does not have service, is not connected to the Internet or cannot transmit data.
  3. Your device may not transmit your accurate location if you are not near a cell tower or do not have both Wi-Fi and cellular service active on your device. The accuracy of location data and the timing delivery of services may be affected by your surroundings, the status of your device, and the devices of the selected contacts.
  4. Various conditions beyond our control may prevent or delay us or our partners from providing the Service to you or impair the quality of Service you may receive.
  5. Unless expressly stated or required by law, BlinkApp disclaims any warranty that the BlinkApp Services will operate accurately, continuously or without error.
  6. For services to function as needed, your device should be set automatically activate the GPS, fitness tracking, microphone and Wi-Fi.

You acknowledge and agree to automatically enable the GPS, location services, microphone, and Wi-Fi and fitness tracker for BlinkApp, without further notice or permission.

  1. You acknowledge and agree that the Services will not be misused or used for any unlawful purposes, privacy violation of any personal rights of the others and that the use of the subject services will be in accordance with the law and in emergency situations. You agree that you are solely liable for your use of Services and BlinkApp will not be liable for any consequences that may arise from using its features.
  2. Upon using BlinkApp Services, we may collect and process data about your location using several positioning and / or acceleration techniques, including IP address, GPS technology, and other sensors (including but not limited to accelerometer sensor, gyroscope sensor and magnetometer sensor).
  3. You declare that you have the required legal capacity to be a party of a binding agreement and legally able to accept these Terms of Use; otherwise if you do not agree to these Terms of Use, you cannot use our Service.

Further, you are liable for your own compliance with these Terms of Use, as well as for the compliance of anyone who uses your account or utilizes the BlinkApp on your device, whether or not authorized by you.

 

  1. We reserve the right to change or amend these Terms of Use from time to time; you will be notified with such changes (if any).

These Terms of Use indicates all the terms of using of BlinkApp and the relative conditions; however, you should be aware of any further terms of use and be bound by them as well noting that any further terms and conditions in this respect will be available through www.blinkapp.net ; in this regard, using BlinkApp will be considered as consent to the amendments added to the Terms of Use and the further relative terms and conditions (if any).

 

  1. Any updates, amendments, or enhancements of BlinkApp shall be subject to the Terms of Use

 

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  1. In order to use the Service you must enter your phone number and e-mail to authenticate your account. You agree to provide accurate and complete data upon registration, when using the Service (“Login Data”), further you agree to update your login data; Failure to provide accurate, current and complete service registration data may result in the suspension and or deactivation of your account.
  2. The Purpose of BlinkApp is auto accident detection, notification, and driver behavior analysis using smartphone, as well as estimation of the car speed without GPS (“Service”), BlinkApp is designed to notify your selected contacts with the accidents happened to you providing the accident location, severity and date/time, further to monitor your driving attitude after getting the required approval.
  3. You authorize us to disclose the data provided by you whenever needed to the authorities, ambulance, and insurance companies (if any) in order to achieve the purpose of BlinkApp.
  4. You may not reproduce, copy, sell, resell, lease or trade any service or the relative software of BlinkApp (or any part thereof) for any purpose.
  5. You may deactivate your account and stop using the Service at any time. If you wish to discontinue use of BlinkApp, you can contact us to perform all the required operations resulting to the termination of the Service.

 

  1. License of Use:

We own all copyrights, trademarks, domains, logos, patents and other intellectual property rights associated with our services. You may not use our copyrights, trademarks, domains, logos, patents and other intellectual property rights unless you have our express permission in accordance with our policy.

We grant you a limited, revocable, non-exclusive, non-sub licensable and non-transferable license to use our Services, subject to and in accordance with our Terms.

This license is for the sole purpose of enabling you to use our services, in the manner permitted by our Terms.

 

 

  • Acceptable Use of BlinkApp:
  • You agree to use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
  • You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of BlinkApp, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone.
  • You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the data of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services.

 

  1. Technical support

 

  1. BlinkApp will provide technical support in accordance with our policy.
  2. Customers enjoy full ownership rights on their data. All data is stored securely in the Microsoft Data Center in the United States and is subject to Microsoft’s Privacy Policy (see the Microsoft Data Center Privacy Policy at

http://www.windowsazure.com/en-us/customer / legal / privacy-statement and Google servers and subject to Google’s privacy policy (check at https://policies.google.com/privacy?hl=en-US ) Customer data are therefore a legal property of his own with all rights reserved). The customer may apply to us (we, BlinkApp) to request the transfer, deletion, copying or modification of the provided data.

  1. The customer database remains secure and reserved and is not handled by BlinkApp except in the case of maintenance and security checks.
  2. The company’s customer service department welcomes inquiries about the use of the program and provides the answer on the same day, as well as the emergence of any problem will be resolved within a maximum of 48 hours from the time of notification.

 

  1. Availability and Termination of our Services:
  2. The Terms of Use shall be effective once the user has completed the registration process unless terminated by one of its parties in accordance with the Terms of Use.
  3. BlinkApp shall have the right to suspend the performance of the service ( without prior notice in the following cases:
  • A breach of the Terms of Use by the user.
  • User is no longer legally able to receive the service.
  1. You have the right to stop using BlinkApp anytime and to disable your account for any reason considered by you.
  2. We reserve the right to reject or cancel the registration or signing up of any person or company or entity for any reason considered by BlinkApp LLC., accordingly we may restrict or ban anyone or company or entity form ability to download, access, and using BlinkApp for any reason; however, in such cases BlinkApp will not have to provide any justification of such action.

 

  1. Legal Liability:
  2. We confirm that we are not sort of reporting agency.
  3. Services are provided on the basis of their existing status, “with all errors” and to the extent they are available. And bearing the risk of using them, BlinkApp makes no express or implied warranties; further BlinkApp expressly disclaims all warranties expressed or implied.
  4. Without limitation to any of the foregoing, BlinkApp does not make any undertaking or warranty that (1) the provided Services will meet your requirements, (2) the provided Services will be ongoing, timely, secure, or error-free,(3 ) Content obtained from the provided, or any service notices or functionality will be available, accurate, complete or reliable; (4) the quality of the services or any other data or materials obtained through the Services will meet your expectations, or (5) any errors or gaps in the provided service to be corrected.
  5. You expressly understand and agree that BlinkApp will not be liable for any loss , liability , tort ,or direct or incidental special , punitive consequential, or damages , including but not limited to Benefit, loss of use or other losses (even if the repair, replacement, refund of the replacement amount or redemption of the Services does not fully compensate you for any losses or that BlinkApp was aware of the likelihood of such loss, liability, damage or expense or was You must be aware of), whether directly or indirectly, or arising out of, (1) claims of breach of contract, warranty, condition, strict liability, negligence or any other damage to the extent permitted by applicable law; (2) your use of or inability to use the Services; (3) the data or information entered or provided by you; (4) unauthorized access to your data or the exchange of your transmission or data; (5) the damage to the person or property (including death); or (6) any other matters relating to the services or content provided through the provided services.

 

  1. BlinkApp is not liable for any direct, indirect, special, incidental, consequential, or inconsequential damages, losses, liabilities, relating to the data provided by you or your use if you are unable to use the data, materials, products and services provided by the website or any failure in performance data entry, negligence, interruption, defect or delay in operation.

 

  1. You acknowledge that you are solely liable for the use of the provided services and, to the fullest extent permitted by law and that we disclaim any liability for any loss, damage, expense or expense incurred by the user or by any third party as a result of using the system, or inability to use it.

 

  1. As being a registered user of the service, you are solely liable for maintaining the confidentiality and security of your account and for all activities on or through your account. As we have done our reasonable skills and due diligence, Accordingly BlinkApp shall not be liable for any losses arising from unauthorized use of your account.

 

  1. BlinkApp shall not be liable for damages incurred by your local or international internet service provider.

 

  1. The sole and exclusive remedy for any dispute with BlinkApp in respect of this Terms of Use or provided services is to discontinue use of such Services.

 

  1. If any provision of the Terms of Use is found to be invalid or unenforceable for any reason, the remaining provisions shall remain in force without being weakened or in any way nullified.

 

 

 

 

  • Force Majeure Events:

Various conditions beyond our control may prevent or delay us or our Service Partners from providing the Service to you or impair the quality of Service you may receive, which include without limitation: (1) atmospheric, geographic or topographic conditions (such as buildings, hills or tunnels), (2) damage to or failure to maintain your device in good working order with operating system updates and in compliance with these Terms of Service, and (3) government regulations, failure, congestion or outages of utility or wireless networks (including interruption of cellular service), war, acts of god, natural disaster, inclement weather, labor strikes or other acts, forces or causes beyond our and our Service Partners’ control. In case of any of the foregoing, we may, in our discretion, suspend or terminate the Service (in whole or in part) or terminate your Service Plan, without notice to you and without any liability. Further, we and our Service Partners are not liable for any Service or device failures, interruptions, delays or impairments due to these causes, and you are not eligible for any Service or Service Rate credit or refund (whole or partial) for the foregoing. In case of any regulatory, governmental or other legally-compelled changes, or discontinuation or change of necessary telecommunications systems and services (e.g., if your wireless carrier terminates or restricts wireless services of the type used by our service), you are solely liable for replacing, as well as the cost of replacing, any device that is necessitated as a result of such change.

  • Disputes Resolution:

You agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the Arab Republic of Egypt Courts for North Cairo Court located in Cairo, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.

 

Applicable Law The laws of the Arab Republic of Egypt govern our Terms, as well as any Disputes which might arise between BlinkApp and you.

In case of any legal action being taken to impose or interpret any provision of the Terms of Use, you shall bear the costs and legal expenses of the Court as well as the fees of the experts and advisers.

 

 

  1. Trademarks and Intellectual Property Rights:

We reserve all copyrights, trademarks, domains, logos, patents and other intellectual property rights associated with our services. You may not use our copyrights, trademarks, domains, logos, patents and other intellectual property rights unless you have our express permission in accordance with our policy.

All rights reserved and protected by the virtue of applicable laws of Arab Republic of Egypt.

  1. Definitions:
  • User / Users: They are the users of the application whether directly registered or registered through insurer, employer, manager (“Third Party”)
  • BlinkApp LLC: The owner of Blank Ab is an Egyptian limited liability company.
  • BlinkApp: An application for the users used to auto accident detection, notification, and driver behavior analysis using smartphone, as well as estimation of the car speed without GPS (“Service”), BlinkApp is designed to notify your selected contacts with the accidents happened to you providing the accident location, severity and date/time, further to monitor your driving attitude after getting the required approval.
  • Services: are the products and services provided by BlinkApp, its software and services.