Terms of Use

panicPROTECTOR App

We welcome you to the panicPROTECTOR App which has been designed to provide you with customized features to assist and guide you when experiencing anxiety. By downloading, accessing, or utilizing the panicPROTECTOR App (the “App”) or any of its associated mobile applications (collectively known as the "Services”), you agree to be legally tied to these Terms of Service (the “Terms”) and the Privacy Policy.



panicPROTECTOR respects your privacy and anonymity when using the application, as detailed in the PRIVACY POLICY. 

IMPORTANT: IT IS NOT MEDICAL ASSISTANCE

The Services are intended to improve your well-being and to help you enjoy your daily life again. However, the Services are not a product or a medical device that replaces the diagnosis and therapy of anxiety disorders, which must always and exclusively be performed by professional medical personnel. If you have an existing medical problem, we recommend that you consult with your trusted medical advisor before using our Services. Use of the Services is at your own risk and you should always use good judgment and common sense in their use.

We are not responsible for any action taken as a result of accessing, reading or interpreting any advice or other materials included in our Services. In particular, to the extent permitted by law, we do not represent or warrant the accuracy, completeness, or appropriateness of any type of advisory purpose or other materials and information posted on or through the Services.

If you receive advice from a physician or other qualified medical professional that conflicts with any content on the Services, then the first, medical advice, should take precedence. Never ignore professional medical advice or delay your search for something you have read through these Services.

IF AT ANY TIME DURING THE USE OF OUR SERVICES YOU EXPERIENCE A MEDICAL EMERGENCY OR ANY DISCOMFORT, IMMEDIATELY DISCONTINUE YOUR USE OF OUR SERVICES AND CALL YOUR LOCAL MEDICAL EMERGENCY NUMBER.

I. CONDITIONS OF USE

In order to use the Services, you must first accept these Terms. If you use the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, the words "you" and "your" will also refer to that organization, whenever possible.

BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THEM, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE, DOWNLOAD, INSTALL OR OTHERWISE ACCESS THE SERVICES.

1. FEATURES AND PERFORMANCE

The App is designed with customized features to assist you in managing your anxiety. In particular, the App will evaluate your stress level and guide your breathing rhythm when you are experiencing anxiety.

The App uses the camera and its flash to determine your stress level. Depending on the results, you will be guided to do breathing exercises. The intensity of your exhalation signal is captured through the microphone of your device. The App adapts the breathing exercise considering your breathing pattern. Once the breathing exercises are completed you can check your stress level again and repeat the exercises. The App does not store, process, communicate, transfer, or sell the data related to the user´s exercises. You can check the Privacy Policy for further information.

2. PURCHASE AND COSTS

The App is available on the Apple App Store (the ‘App Store’), and its purchase is regulated by the App Store Terms of Service and the policies that Apple determines at any time, which are not under control of panicPROTECTOR. The App Store may collect information used to identify you, that it shares with us, for the purposes of processing your transactions or provisioning content to you. In this regard, please read carefully the Apple Privacy Notice and our Privacy Policy before you consent to these Terms.

The App is offered as a paid App. We charge a one-time fee for accessing its content.

The price will be listed within the App Store and may vary according to the current exchange rates. Once the purchasing process of the App is completed and the Licence is granted no price refund will be possible, unless otherwise stated in the refund policy contained in the  App Store Terms of Service.

panicPROTECTOR reserves the right to change its pricing terms at any time. New users can immediately see the new price on the App Store. Existing users may continue to access the App without incurring any additional charges and with no right for refund in case of a price decrease.

The App Store reserves the right to cancel your payment if unable to successfully charge your payment method.

The User will bear the cost for the purchase and use of the peripherals and connections (mobile and/or wireless internet) required for the use of the App.

3. FINAL USER LICENSE AGREEMENT

We allow you a restricted, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Services exclusively for your personal, non-commercial use, with the consent of our Terms (the "License"). To activate your License, all you have to do is download and install the Application.

The license includes updates to the version of the application downloaded by the user. However, if panicPROTECTOR develops new additional functionalities or relevant updates, panicPROTECTOR reserves the right to exclude them from this License. In this case, an additional license will be required.

The execution of the application will be terminated at any time without prior notice if you violate any of the terms. By using panicPROTECTOR, you understand and comply with the following:

• You are over 18 years of age, or have the minimum age of consent in your jurisdiction. If you have not reached the age of consent, you are not authorized to use the Services in any way, unless your parent or guardian has consented in accordance with applicable law. Although the application may include content that is visually appealing to children, the application is not directed at them. Anyone under the age of 13 is not authorized to download, install, access or use the App. If you have any reason to believe that a child under the minimum age of consent in your jurisdiction has downloaded, installed, accessed or used the Services, please contact us and we will do our best to prevent any unauthorized use.
• You ensure that any information you have shared with us or provided to us is accurate, current, complete and true.
• You will not attempt to damage or impair the security measures, connectivity, data, or accessibility of the Services in any way.
• You agree not to use the Services if it is illegal, illicit or unauthorized; defamatory to other people; obscene or offensive; that infringes any copyright, database right, or trademark of any other person, or that promotes or aids any illicit act such as (for example only) copyright infringement or misuse of the computer.
• You are aware that by choosing to buy specific services or enhancements as an “In App Purchase,” the transaction is handled by the App Store and you consent to the terms of App Store Terms of Service.

5. AVAILABILITY OF THE APPLICATION, SECURITY AND ACCURACY

To download and use the application, it is necessary to have a compatible mobile phone or tablet and access to the Internet. The App is available for download and installation on commercially available mobile devices running a certain version of the applicable operating system or later. You can find this information before downloading the App.

WE DO NOT GUARANTEE THAT THE APPLICATION WILL BE COMPATIBLE WITH ALL HARDWARE AND SOFTWARE THAT YOU MAY USE. WE DO NOT GUARANTEE THAT YOUR ACCESS TO THE APPLICATION WILL BE INTERRUPTED, UNEXPECTEDLY OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE APPLICATION IS PROVIDED VIA THE INTERNET AND MOBILE NETWORKS, SO THE QUALITY AND AVAILABILITY OF THE APPLICATION MAY BE AFFECTED BY FACTORS BEYOND OUR REASONABLE CONTROL (VIRUSES OR OTHER HARMFUL COMPONENTS).

The version of the App may be updated from time to time to add improvements in functions and services. We can change or update the App and, if necessary, we can suspend access to the App, or close it permanently. You can stop using our services at any time by selecting the corresponding option in your configuration panel. If you decide to permanently stop using the Application for any reason, you must uninstall it.

6. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS", "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. INCLUDING ALL WARRANTIES OR CONDITIONS OF ACCURACY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND LICENSEES) DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE TO YOU IN A TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE, ACCURATE, ACCURATE, COMPLETE OR ACCURATE, OR COMPLETE MANNER. , WORMS OR OTHER HARMFUL CODE. IN NO EVENT SHALL WE OR OUR AFFILIATES, SUPPLIERS OR LICENSEEES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER KIND ARISING OUT OF, OR RELATED IN ANY CONSEQUENTIAL USE OF, THE SERVICES IN ANY CONSEQUENTIAL MANNER TO, THE INFORMATION FOUND ON THE SERVICES OR YOUR INTERACTION WITH ANY USER ON THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, FRAUD, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, NOTWITHSTANDING ANY CONTRARY PROVISIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED FIFTY EUROS (EUR 50).

7. TERMS SPECIFIC TO APPLE DEVICES

By accessing the Services on any Apple device, the following additional terms will apply:

• This agreement does not involve Apple and exists only between you and panicPROTECTOR. Therefore, Apple is not responsible for the Services nor is Apple responsible in any way to provide maintenance or assistance for the Services you receive.
• If the Services fail to conform to any applicable warranty, Apple’s only warranty obligation will be to refund you the purchase price (if any) of the Services.
• You have been made aware and agree that we, and not Apple, are responsible for dealing with any claims that you or any third party may have in relation to the Services.
• You understand and agree to the fact that, in the event of any third-party claim that the Services or your possession and use of the Services infringe that third party’s intellectual property rights, we, panicPROTECTOR, and not Apple, will be solely responsible for any investigation, defense, settlement and discharge of any such infringement claim.
• You acknowledge and confirm that you are not located in a country subject to a U.S. Government embargo, or in a country designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You confirm that your use of the Services will be complacent with any applicable third-party terms of agreement which may affect or be affected by such use.
• You consent that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that with your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to take action and enforce these Terms against you as the third-party beneficiary hereof.

8. INDEMNITY

You will reimburse and hold harmless panicPROTECTOR and its employees, officers, directors, affiliates, agents, licencors and contractors from and against any accusation, lawsuit, process, demand, dispute, allegation or investigation presented by any third party, governmental authority or industrial body, and all liabilities, damages, losses, costs and expenses, including without limitation reasonable attorneys' fees, arising out of or pertaining in any way to (i) your user content, (ii) your breach or alleged violation of any warranty made by you by virtue of this or your violation of any other provision of these Conditions, and / or (iii) your violation of any law or the rights of a third party. We retain the right to assume control of the defense of any third party claim that is subject to indemnification from you, in which case you will cooperate with us to assert any available defense.

9. THIRD PARTY SERVICES

panicPROTECTOR may include or allow links or other access or use of content, promotions, websites, applications, services and resources of third parties (collectively "Third Party Services") that are not under the control of panicPROTECTOR. This could include the possibility of linking the panicPROTECTOR Services with Third Party Services. These links are presented for your convenience and we are not responsible for the products, services or any other content provided by the Third Party Services. Therefore, you agree that any Third Party Services that you choose to use in connection with the panicPROTECTOR Services, such as third party applications accessed on panicPROTECTOR devices, are not associated with the panicPROTECTOR Services and they are not managed by panicPROTECTOR. By using such services, you assume all responsibility and all risks arising from your interaction with or use of any Third Party Service. You are also aware and accept that these Terms of Use and the PanicPROTECTOR Privacy Policy do not apply to any Third Party Services. In addition, you are responsible for reading and fully understanding the Terms of Use and the Privacy Policy that apply to the use of any Third Party Service.

10. ALERTS AND NOTIFICATIONS

If you agree with the use of the Services to receive different forms of communication, you will be able to receive from us: pop-ups, alerts and notifications. However, at any time you can choose not to receive notifications by accessing your account settings. Since certain communications are necessary, such as service announcements and administrative messages, you accept these communications to the extent that we deem it reasonable and necessary to properly provide our Services. You are responsible for any charges related to messaging or data transfer that may be charged by your mobile phone provider. All notices, statements, agreements or other communications that we send you electronically are considered legally binding and will comply with any legal communication requirements, including that the communication be in writing.

11. APPLICABLE LAW AND CLAIMS

These terms are governed by and construed in accordance with the laws of Germany. If any controversy, allegation or claim arises (including any non-contractual claim) in relation to the Services, you agree to resolve it definitively before the courts of Freiburg (Germany) and each of the parties waives any objection to the jurisdiction and competence of said courts . The effective date of these Terms is January 15, 2022. If you have any questions or problems, please contact app@panicprotector.com

We reserve the right to make changes, modify, update or replace the Conditions and Privacy Policy at any time. We will inform you properly if any changes are made. The continued use of the Services after the announcement of any modification or update of the previous terms, will constitute the confirmation and acceptance of the revised terms specified as of the effective date. In the event that the modifications affect the operation of the App and / or its functionalities or substantially affect the processing of user data, explicit acceptance will be requested to continue using the Services. The effective date of these Terms of Use is January 15, 2022. If you have any questions or complaints, please contact by writing to panicPROTECTOR at femeninAPP; Buergerwehrstrasse 13; 79102 Freiburg; Germany or by e-mail app@panicprotector.com.