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Simoco Push End User Licence Agreement (EULA)

Simoco Push End User Licence Agreement (EULA)

This End User License Agreement ("EULA") is an agreement between you and Simoco Wireless Solutions (“SIMOCO”) and applies to your use of the Push application software (“App”) and related technology made available by SIMOCO.

This App enables you and anybody that you share your device with and permit to use this App (collectively 'Users') to provide images verifying Users' identity and location to SIMOCO to support the provision of services and products to Users or to a business that Users are associated with (the 'Customer') by any SIMOCO Group company (the "Company").

Separate terms and conditions apply to the Companies provision of services to the Customer ("Standard Terms and Conditions") and any special terms and conditions that apply to any account or service the Customer holds with the Company ("Special Terms and Conditions"), and the terms of this EULA supplement and form part of the terms governing Users' use of services ("User Terms").

In addition to complying with the terms of this EULA Users must also ensure that you comply with the User Terms. If any of the User Terms conflict with any terms and conditions in this EULA, the User Terms will apply.

SIMOCO grants you a non-exclusive licence to use the App on a mobile device that you own, control or use, subject to this EULA and any Usage Rules set out in the Terms of Service of the supplying App marketplace. This licence will start when you have downloaded the App and use it for the first time and will continue until ended as set out in clause 11.

Before using this App, Users should agree to the terms of this EULA and to the App's Privacy Policy and Cookie Policy, and agree to bring them to the attention of any other Users.

  1. SIMOCO only, and no other party (including Apple, Inc. ("Apple"), Google Inc. ("Google"), Microsoft Inc. ("Microsoft"), BlackBerry Limited ("BlackBerry"), any mobile telephone network provider or any intermediary making the App available for download (an "App Provider") is responsible for the App and its content, and none of the Apple, Google, Microsoft, BlackBerry or any App Provider is under any responsibility or obligation to you in relation to the App and will not provide any maintenance and support services for the App.
  2. The services available through the App are provided by SIMOCO. By making this App available, SIMOCO is not offering Users any services and the User Terms and applicable Standard Terms and Conditions and Special Terms and Conditions will continue to apply to Users' use of any SIMOCO services.
  3. Data charges (including roaming charges) from your mobile service provider may apply. You are responsible for these charges.
  4. You must not use this App on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that are "jail-broken" or "rooted". The security software within this App may detect whether your device has been jail-broken or rooted, and if SIMOCO continues to make this App available to you regardless of such detection then it shall not constitute a waiver of SIMOCO's rights or remedies, nor of your obligations, under this or any other clause. For the purposes of this EULA, a jail-broken or rooted device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval.

  5. No Guarantees

    1. This App is provided "as is" with no representation, warranty, guarantee or agreement of any kind as to its functionality, quality or fitness for purpose. SIMOCO cannot guarantee that access to the App will be uninterrupted or that there will be no delays or failures.
    2. SIMOCO cannot guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile device when using the App. You are responsible for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
    3. SIMOCO is not responsible for any third party software that may be used in connection with the App.

  6. Links to Third Party Sites or Content

    1. By providing hyperlinks within the App, SIMOCO does not endorse and is not responsible for any linked websites. SIMOCO recommends that Users view the linked website's terms, privacy and cookie policy pages to understand how use of that website may affect them. SIMOCO is not responsible for the accuracy, timeliness or the continued availability or the existence of content, hyperlinks, or third party websites or pages linked to the App.


  7. Intellectual Property rights

    1. "SIMOCO" is a trading name of SIMOCO EMEA Limited and all rights in and to the "SIMOCO" trademark and all associated marks vest in SIMOCO EMEA Limited. Users may not use or reproduce the SIMOCO trademark, logo or brand name.
    2. Any claims from Users or a third party relating to the App or its possession or use, including alleged breaches of a third party's intellectual property rights, product liability claims and compliance with legal or regulatory requirements and consumer protection claims, should be directed to SIMOCO.
    3. Copyright in the pages, screens, information, and all material in their arrangement, included in the App is owned by or licensed to SIMOCO or an SIMOCO Group Member unless otherwise noted.
    4. Users must not:
      1. Copy or reproduce all or any part of the App,
      2. Alter, modify or adapt all or any part of the App,
      3. Remove or tamper with any copyright notice attached to or contained within the App (all ownership in the remains with SIMOCO), or
      4. Carry out reverse engineering of the App.

  8. Responsibilities

    1. Users may not use the App for any purpose which is unlawful, abusive, libellous, obscene or threatening.
    2. You agree to install any security updates and/or application patches for this App and your device as they become available.
    3. Each User is responsible for all claims, damages and costs arising from:
      1. That User's use of the App;
      2. SIMOCO's reliance on information that User has provided; and
      3. Any breach by that User of this EULA, or of any intellectual property or other right of any person or entity.
  9. Miscellaneous

    1. Each User confirms that:
      1. They are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
      2. They are not listed on any U.S. Government list of prohibited or restricted parties. Lists of these countries and parties may be found at www.state.gov and www.treasury.gov.
    2. SIMOCO may occasionally allow Users extra time to comply with their obligations or decide not to exercise some of its rights. However, SIMOCO can still insist on the strict application of this EULA later on.
    3. All notices to SIMOCO, questions or complaints must be addressed to and sent in writing to the Company.
    4. SIMOCO may transfer all or any of its rights under this EULA to any SIMOCO Group Member or to any other party. Users may not transfer their rights or obligations under this EULA to anyone else.
    5. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of this EULA will continue in full force and effect.
    6. If any part of this EULA becomes invalid, illegal or unenforceable, this will not affect the validity of the remaining EULA terms.
    7. Nothing in this EULA will reduce Users' statutory rights.

  10. Variation

    1. SIMOCO may change the terms of this EULA at any time (and, subject to clause 10.3, will provide you with notice by way of a notice within this app).
    2. If SIMOCO provides you with notice that it is going to make a change to this EULA, you can terminate this EULA before that change takes effect without charge by deleting the App in accordance with clause 11.4. If you continue to use this App after the relevant notice period ends, then SIMOCO will assume that you have accepted the change and it will take effect automatically.
    3. SIMOCO may change the Privacy and Data Protection Statement, including the section relating to cookies and similar technologies, without providing advance notice. Any such changes will be brought to your attention when you next launch the App after such changes are made, and you will be asked to accept these changes.

  11. Termination

    1. SIMOCO may end this EULA immediately if:
      1. A User has seriously or persistently breached any of the terms of this EULA, the User Terms, and/or any applicable Standard Terms and Conditions or Special Terms and Conditions including where SIMOCO reasonably suspects that:
        1. you were not entitled to download the App, or your eligibility to download and/or use the App changed; or
        2. a User's security details have not been kept safe; or
        3. The App is withdrawn by SIMOCO, the manufacturer of your mobile device operating system or Apple, Google, Microsoft, BlackBerry, or any App Provider or other intermediary; or
        4. d. SIMOCO reasonably considers either that by continuing the contract it may be at risk of breaching any applicable law, regulation, code, court order or other duty, or that SIMOCO or another SIMOCO Group Member may be exposed to action or censure from any government, regulator or law enforcement agency; or
        5. SIMOCO stops supporting the App on your mobile device or the operating system it runs; or
        6. The Customer breaches the terms of, or otherwise terminates, any account, product or service in respect of which the App may be used.
    2. SIMOCO will notify you if it terminates this EULA pursuant to clause 11.1. This can include notification by SMS, a message when you log onto the App, by post, by e-mail, by secure e-message, or in any other way that will be sent to you.
    3. SIMOCO may end this EULA for any other reason by giving you at least one months' notice. This may happen if, for example, SIMOCO replaces the App.
    4. Upon termination of this licence for any reason;
      1. you must remove the App from your mobile device and
      2. destroy all copies of the App including all components of it in your possession; and
      3. all rights you have in respect of the App will immediately end.
    5. You must delete the App from your mobile device if you change your mobile device or dispose of it.

  12. Jurisdiction

    This EULA is governed by the same laws as the terms and conditions that apply to the Standard Terms and Conditions.

    We know that you are concerned with how your personal information is dealt with. Both the Terms and Conditions and any Special Terms and Conditions for the Customer, may contain provisions detailing how SIMOCO and other members of the SIMOCO Group collect, process and share information about you and others (such as people you communicate with). Any such provisions will also apply to information collected and processed when you use this App (and in this Privacy and Data Protection Statement, 'you' includes any other person who uses this App on your device). Without limiting those provisions, we commit to the following in order to preserve the confidentiality of all information about you and the Customer (including personal data) that you provide to us:
    • We will only collect information that we believe to be relevant and reasonably required to provide the services to Users and to the Customer, and as otherwise reasonably required in connection with the conduct of our business, compliance with legal and regulatory obligations and best practice, and risk management activities.
    • We may pass the information to other SIMOCO Group companies, service providers or agents, as permitted by law. We will ensure that service providers and agents are required to apply appropriate confidentiality and security standards in respect of the information.
    • We may be required, from time to time, to disclose the information to Governmental or judicial bodies or law enforcement agencies or regulators but we will only do so where permitted, or required, by law.
    • We will not otherwise disclose the information to any external organisation unless we have consent from you and/or the Customer, is permitted or required by law, or have previously informed you and/or the Customer.
    • We aim to keep the information accurate and up-to-date.
    • We maintain strict security systems designed to prevent loss, destruction, damage and/or unauthorised access to the information by anyone, including our staff.
    All SIMOCO Group companies, our staff and all third parties with permitted access to the information are specifically required to observe our confidentiality and information security obligations.

    In particular (but without limiting the above) the information may be disclosed or transferred worldwide to agents or third parties (including our subcontractors) authorised to act on behalf of us and/or other members of the SIMOCO Group, for the purposes of:
    • Providing services to the Customer,
    • Servicing and/or developing our relationship with the Customer,
    • Verifying your identity,
    • By installing and using this App, you and the Customer shall be treated as having consented to the disclosure, processing, storage and transfer of information in the manner described above.
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