Terms of Use Emergency Call App nora

• Section 1   Subject matter / functions of the App

  Section 2   Business and Coordination Office at the State of North Rhine-Westphalia (Provider)

  Section 3   Conclusion of contract, use of the App and obligations of the user

  Section 4  Minimum requirements for the use of the App 

  Section 5  Registration, measures to ensure the functionality and trouble-free operation of the App

  Section 6   Rights of use

  Section 7   Changes and availability

  Section 8   Warranty

  Section9    Liability

  Section 10  Term / Cancellation

  Section 11   Final provisions

1. Subject matter of this contract and aim of the App is to provide the general public with access to emergency call services that are as barrier-free as possible. In particular, the App is intended to provide people with disabilities, such as hearing or speech impairments, with equal access to emergency call services.
2. In the event of an emergency, the App offers the possibility of receiving help from the rescue services, fire brigade, and/or police (hereinafter also referred to collectively as "emergency services"). The App is therefore intended to be a technical alternative to using the emergency call numbers 112 and 110.
3. The main functions of the App are described below:
   1. After successful registration, including verification of the mobile phone number and if applicable any necessary identification (see Section 5 of these Terms of Use), a user can select and store various personal details in their user account - for example, about their state of health. This additional information is used to enable the emergency services to provide targeted assistance in an emergency (e.g. by taking into account any pre-existing medical conditions / allergies etc.). When an emergency call is sent via the App, this information is only forwarded to the responsible control centre or the emergency services if this is necessary for the provision of assistance - depending on the type of emergency call selected by the user. Providing this additional information is voluntary and not mandatory for using the App.
   2. In order to locate the user in an emergency situation and provide assistance as quickly and effectively as possible, an attempt is made to transmit the location to the locally responsible control centre via a global navigation satellite system (GNSS), such as GPS. This functionality is influenced by the quality of the GNSS module (e.g. GPS module) on the end device used, weather, and geographical conditions and can therefore not be guaranteed by the Provider. Tracking the location of the mobile device from which the emergency call is made is essential for dispatching the emergency services and resources. The user is therefore obliged to consent to having their mobile device located. The App cannot be used without the consent of the user. Whenever the App is used, the user must therefore ensure that operating system functions that suppress determining the precise location of the mobile device are switched off. Otherwise, precise location cannot be guaranteed. The determined location is displayed on a map. If the correct location does not show in the display, the location can be changed by the user. Alternatively, it is also possible to enter the location (e.g. an address) in the App manually.

1. The 16 federal states of the Federal Republic of Germany have decided to jointly set up the App as an official emergency call option and make it available to all natural persons nationwide. The federal states are therefore joint publishers of the App. They are also joint controllers for the processing of personal data in the App under the respective data protection law.
2. However, the user's contractual partner in accordance with these Terms of Use is only the State of North Rhine-Westphalia (NRW), represented by the Ministry of the Interior of the State of NRW as the technical provider (hereinafter: "Provider") of the App.

1. To use the App after downloading it from the respective app store, the user must install it and accept these Terms of Use and the privacy statement when setting it up. Use of the App requires a registration process in accordance with Section 5 of these Terms of Use.
2. The contract between the Provider and the user of the App is concluded at the moment the user agrees to these Terms of Use. When using the App, the user must comply with the applicable law of the Federal Republic of Germany and these Terms of Use.
3. The App may only be used by natural persons who are at least 16 years of age at the time the contract is concluded and who are acting on their own behalf or by duly authorised legal representatives.
4. Every user is obliged to protect their personalised access from unauthorised or illegal access by third parties. It is not considered unauthorised or illegal access if a third party makes an emergency call on behalf of the user in circumstances that actually require the assistance of the emergency services and in which the user is unfit to make an emergency call by themselves.
5. When using the App, the user is obliged in particular to
   
   1. provide truthful information as part of the registration process (cf. Section 5 (1) of these Terms of Use),
   2. undergo the measures for verification or identification (cf. Section 5 (2) et seq. of these Terms of Use) if requested to do so during the registration process,
   3. only send an emergency call via the App if there is actually an emergency or a dangerous situation that requires help from the emergency services,
   4. check the accuracy of the data provided to be transmitted before sending an emergency call.

The user is hereby informed that the 'misuse of emergency numbers and the tampering with means of accident prevention and first aid' (e.g. by making an emergency call via the App without an emergency situation being present) may constitute a criminal offence in accordance with Section 145 of the German Criminal Code (StGB). Section 145 (1) and (2) StGB are as follows: 

"(1) Whoever intentionally or knowingly

1. improperly uses emergency numbers or distress signals or

2. pretends that the assistance of other persons is required due to an accident or a common danger or emergency

incurs a penalty of imprisonment for a term not exceeding one year or a fine.

The following technical requirements are needed to use the App:

1. Data connection to the Internet
2. Current version of iOS or Android
3. Current version of the App: If updates to the App are made available, the user must install them to ensure trouble-free use of the App.
4. E-mail account of the user, if applicable
5. GNSS module on the end device (e.g. GPS module)

1. Before using the App for the first time, the user is obliged to register once. To do this, the user must first enter their mobile phone number and a confirmation code, which is send to the mobile phone number provided ('mobile phone number verification'). 
2. As part of the registration process, certain characteristics (or combinations of characteristics) of the user may also be assessed in order to prevent risks to the functionality and trouble-free operation of the App ('assessment of access requirements'). As part of the assessment, it is assumed that the necessary access requirements are generally not met if there are concrete indications that the registration is not or at least not exclusively for the purpose of using the app as intended (i.e. in accordance with these Terms of Use). The features (or combinations of features) that are considered for the assessment can be freely configured or combined and are defined and regularly reviewed by the Provider and the Provider's technical service provider based on risk assessment and on the App's operating experience. Further details on the features on the basis of which the evaluation is carried out can be found in the app's privacy statement.
3. The result of the assessment does not lead to the user being excluded from the App (deregistration), but merely influences the selection of options that are available on the system side for verification or identification of the user. These measures serve exclusively to ensure the functionality and trouble-free operation of the App. The measure currently envisaged is identification of the user by an external identification service provider.
4. If identification of the newly registering user is required, the user will after entering the mobile phone number and the successful verification of the mobile phone number provided be forwarded directly to the identification procedure 'POSTIDENT' of the external service provider Deutsche Post AG. The user can choose between various identification procedures (AutoID, post office, online ID function (eID) and video chat) to carry out the identification process. Depending on the procedure selected, various further steps must be completed, which are described in detail at https://www.deutschepost.de/en/p/postident.html. After the identification procedure is successfully completed, the user must enter their name (first name and surname) in order to complete the registration process and to make use of the App without restrictions.
5. As part of the registration process (including verification and identification), the user must provide accurate and correct information. If the User repeatedly violates this obligation or the following provisions of these Terms of Use (see Section 5 (5) et seq.), the Provider is authorised to exclude the User from using the App. This is done either by blocking (see Section 5 (5) et seq.)) or by deregistering the user (see Section 10). 
6. In the present case, the Provider has an interest in providing users with trouble-free and highly available access to emergency call services. In order to prevent misuse of the App and associated restrictions on the functionality and availability of the emergency call app system, the Provider reserves the right to block a user account if there are reasonable indications that
   
   1. the user account has been used in an unauthorised manner and/or
   2. it is undertaken or attempted to gain unauthorised access to the App or the underlying systems of the servers (backend) from the user account, for example by using their own software ("hacking") and/or
   3. a significant violation of these Terms of Use emanates from a user account.

1. Users are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the App in accordance with and subject to these Terms of Use for their personal, non-commercial use (purpose). This licence is for the sole purpose of using the App in the manner permitted by these Terms of Use and, in particular, does not apply to the source code of the App. Apart from the licences and rights granted in accordance with these Terms of Use, no licences or rights are granted to users, whether by implication or otherwise.
2. Insofar as the App contains third-party components, the relevant licence terms for these can be found in the "Legal topics" of the App settings. The user is not granted any rights in relation to any third-party components.
3. Copyrights, trademarks, domains, logos, signs, images, symbols, documents, and other files that can be downloaded as part of the use of the App belong to the Provider. The user may not - subject to the express consent of the client - use logos, signs, images, symbols, documents, and other files, as these are protected trademarks and content of the Provider. The content may only be reproduced for the purposes of using the App and for the sole purpose of use. Any other use is not permitted. The user is prohibited from modifying the App.
4. The user is not granted any further rights to the App; in particular, ownership of the App is not transferred to the user.
5. On the other hand, the Provider is not granted ownership of the information that the user transmits or stores in their account when using the App. The user is responsible for the disposal and assertion of the rights granted within the scope of the use of the App to a permissible extent. 

1. The App is made available to the user as it is released in the current version. A quality agreement for certain functions is not agreed. The Provider may change the App or the functions contained therein at any time, for example remove functions in whole or in part or add additional functions to the App. The user has no claim to the retention of certain functions or other features of the App.
2. Against this background, the Provider reserves the right to change these Terms of Use for justified reasons, for example to improve existing functions or features, to make appropriate technical adjustments to ensure the functionality and high availability of the App or to implement legal and regulatory changes. Users will be informed of any intended changes to the Terms of Use in advance of the change via a message in the App. If users do not agree to the amended Terms of Use, it will no longer be possible to use the App. In this case, users undertake to delete the App from their mobile device. 
3. No promise is made as to the availability or performance of the App. The Provider regularly takes and evaluates measures to avoid disruptions and restrictions to the functionality of the App (see in particular Section 5 of these Terms of Use). If disruptions nevertheless occur, the availability of the App may be restricted and the App may be temporarily unavailable. In this case, users will be informed in the App that it is currently not possible to make an emergency call via the App.

1. The App is provided in the manner in which it is made available for download as part of the current release (version). The Provider does not give warranty for the availability of individual functions of the App. In particular, no warranty is given with regard to use free of interruptions or errors.
2. Furthermore, no guarantee is given for the availability or reception of the Internet or for the error-free functioning of the location function. Likewise, no responsibility is assumed with regard to data backup on the user's end device. 

1. The Provider shall not be liable if the user's position could not be determined or could not be determined correctly when using the App because the user's end device has no connection to the Internet or if a specific location cannot be determined due to other external circumstances that are neither typical of the contract nor foreseeable and for which the Provider is not responsible.
2. The Provider is also not liable for the permanent and stable availability of an internet connection to the user's end device.
3. The Provider is liable without limitation for damages caused by the Provider intentionally or through gross negligence of the Provider. In the event of slight negligence, the Provider shall only be liable in the event of a breach of essential contractual obligations (so-called cardinal obligations). These are obligations that make the proper execution of the contract possible in the first place, the fulfilment of which characterises the contract and on the fulfilment of which the user regularly relies and may rely. The same applies to breaches of duty by legal representatives or agents.

1. The contract for the use of the App can be terminated by the user at any time and without notice. For this, the user can use the menu item "Revoke consent" (= deregistration) in the App under "Legal information". 
2. In this case, the registration data will be deleted from the servers immediately - subject to the measures pursuant to Section 5 (5) et seq. of these Terms of Use. For further details regarding the data, deletion and storage periods, please refer to the App's privacy statement.

1. German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. Should one or more of the aforementioned clauses be ineffective, become ineffective or contain a loophole, the remaining clauses or these Terms of Use as a whole shall remain unaffected. The contracting parties are aware of the case law of the Federal Court of Justice (BGH), according to which this clause only results in a reversal of the burden of proof. Against this background, the contracting parties expressly clarify that it is their actual intention that this clause not only reverses the burden of proof, but also waives the legal consequences of Section 139 of the German Civil Code (BGB). In place of the invalid, voidable, and/or unenforceable part, the contracting parties shall then agree what comes closest to what they would have agreed in a legally permissible manner if they had been aware of the invalidity, voidability and/or unenforceability.