Terms and Conditions

Please read the SOSAFE® Terms and Conditions carefully before using alert and emergency notification services. In the event that you believe that you can not accept all the terms and conditions set forth herein, we ask you to refrain from using the services provided by it, since its use may be considered not authorized by SOSAFE®.

If you access and use the Services on behalf of a company (such as your employer) or another legal entity, you represent and warrant that you have the authority to bind such company or other legal entity to these Terms. In that case, 'you' and 'your' will refer to that company or another legal entity.

These General Terms and Conditions of Contract, constitute a complete agreement between the user and SOSAFE®, which regulates the provision and use of emergency alert and notification services and prevails and replaces other communications agreements or verbal or written proposals between the user and SOSAFE® regarding only the subject in question.

If a court of competent jurisdiction considers any clause of these Terms and Conditions to be invalid or unenforceable, the other provisions shall remain in full force and effect.

The use of the system confers the condition of user and entails the full and unreserved acceptance of each and every one of the Terms and Conditions, from the moment of registration to the application. Consequently, the use of this system constitutes acceptance of these conditions of use.

SOSAFE® reserves the right to modify the Terms at any time, as it deems appropriate, notifying the user of the new version with the modifications inserted through its publication on the website www.sosafe.cl. Assuming the acceptance of the same in case of continuing the use of the service by the user. Accordingly, the continued use of the Services will mean acceptance by the user of any adjustment to these Terms. If you do not accept the new conditions, then you must not use the Services. The user will be responsible for periodically reviewing these Terms to verify the incorporation of changes.

SOSAFE® reserves the right to terminate or modify or interrupt unilaterally the configuration, presentation and conditions of use of all or part of the services, at any time and without prior notice.

SOSAFE® reserves the right, in its sole discretion, to deny access to the Services we offer, at any time and for any reason, including, but not limited to, by virtue of a violation of these Terms and Conditions.

SOSAFE® reserves the right, in its sole discretion, to temporarily or permanently block a user's account, especially when a possible abuse of the account is noticed.

1. Eligibility

SOSAFE® Services are only available to individuals, organizations or companies that can enter into legally binding contracts in accordance with the applicable law. Notwithstanding the foregoing, SOSAFE® Services are not available or offered to persons under 18 years of age.

If you do not qualify, you are not authorized to use this website or the Services. If you are going to use this website or the Services, on behalf of an organization, entity or company you represent and warrant that you have the ability to bind such organization, entity or company for the use of this website and the Services.

By accepting these conditions, the user declares to be a person of legal age in accordance with the legislation of Chile.

2. Object

  • 2.1. SOSAFE® undertakes to provide the user - under the terms and conditions of this agreement - access to the alerting service provided by SOSAFE®, or by third-party users of the system and / or third-party service and content providers.2.1. SOSAFE® undertakes to provide the user - under the terms and conditions of this agreement - access to the alerting service provided by SOSAFE®, or by third-party system users and / or third-party service and content providers.

  • 2.2. For the SOSAFE® alert service, users must create an account, through which they can access and make use of the services provided by SOSAFE®, or by third-party system users and / or third-party service and content providers.

  • 2.3. For the creation of the account, users must enter the SOSAFE® website www.sosafe.cl or through the mobile applications offered by SOSAFE®, and proceed to register as a user.

  • 2.4. The user acknowledges and accepts that all or part of the Services that are the object of this Agreement may be provided indistinctly by SOSAFE® or any of its affiliated companies.

  • 2.5. SOSAFE® prohibits the use of services for illegal or immoral purposes. It is specially prohibited:

    • 2.5.1. Contain or disclose any personally identifiable information or private information of any person without your consent, including children without the consent of their parents;

    • 2.5.2 Participate in any defamatory, libelous, threatening or harassing activity;

    • 2.5.3 In case the client performs any of the activities listed above, SOSAFE® reserves the right to suspend access and / or use of the Services, deactivate the client's account, and eliminate all or part of its content, at any time, with or without prior notice and without the right to reimbursement. SOSAFE® may also inform the authorities of its activity in accordance with legal requirements or at its discretion.

3. Obligations of SOSAFE

  • 3.1. SOSAFE® undertakes to use all material and immaterial resources, including Software, Hardware and Technical Assistance in order to provide the client - during the term of the services - the integrated set of Services contracted.

  • 3.2. Nevertheless, the Client acknowledges and accepts that the computer programs are complex tools, susceptible to errors or failures and that, therefore, it is impossible to guarantee that in a Program no errors or deviations will appear or that the operation of the same will be uninterrupted. The error or deviation may affect the function of the application or, simply, not conform strictly to the specifications contained in the descriptive manuals, without affecting the function of the Application itself. Consequently, SOSAFE® undertakes, as far as possible and reasonable, to correct those errors or deviations that affect the specific result of the function corresponding to the SOSAFE Application.

  • 3.3. SOSAFE® is expressly released from all obligation and liability to the Client, in the following cases:

    • 3.3.1. Misuse by the Client of the Programs or use for purposes other than those contracted.

    • 3.3.2. Use of the Service with programs that have not been declared compatible by SOSAFE® or its licensors and without being subject to its specifications and instructions.

    • 3.3.3. Suspension of the operation of the service provided by SOSAFE®, due to reasons of force majeure or fortuitous event, such as earthquake, power outages or transmission lines, terrorist acts, electronic problems, etc.

    • 3.3.4. All responsibility arising from the services or response to those SOSAFE® alerted on behalf of the client.

    • 3.3.5. The lack of promptness and quality of the services provided by third parties, proved by virtue of the alert generated by SOSAFE®,

    • 3.3.6. Problems derived from the access or use of the internet or mobile telephone network by the Client.

  • 3.5. The customer is solely responsible for the use of the services according to the license and / or terms and conditions of third parties or third-party services (including their telephone, email and / or mobile telephony and internet providers), and SOSAFE® will not be held liable nor of any nature for the breach of them by the client.

  • 3.6. SOSAFE® is not responsible for (i) The accuracy or reliability of any opinion, advice or statement made by anyone other than SOSAFE® (ii) Any content or notice provided by third parties. It is the client's responsibility to evaluate the accuracy, integrity or usefulness of any content, opinion, advice or other provision obtained from or through the services or from a third party.

  • 3.7. No claim can be asserted by the client against SOSAFE ® twelve (12) months after the date on which the event underlying the claim or underlying action occurred.

  • 3.8. To the extent permitted by law, the client releases SOSAFE® for any claim or liability in relation to the contacts, data and content delivered and published by the client in the SOSAFE application or site.

4. Obligations of the client-user

  • 4.1. The Client must provide SOSAFE® with all the necessary information and collaboration that it may require in order to implement and provide the contracted Services.

  • 4.2. The customer must use the SOSAFE® Application in accordance with the applicable laws and in good faith and in a manner consistent with the permitted use of said Network and Services.

  • 4.3. The Customer may only use the SOSAFE Services for lawful purposes and in accordance with this Agreement.

  • 4.4. SOSAFE is not responsible for the data and contents of the client, accessible or provided in or through the SOSAFE® services.

  • 4.5. The Client is solely responsible for:

    • 4.5.1. The contracting of the telephone and internet services adequate and necessary for the access and provision of the SOSAFE® Application and services.

    • 4.5.2. That the data of your contacts correspond to telephone numbers enabled.

    • 4.5.3. The compliance of all applicable laws to the publication and distribution of said data and contents.

    • 4.5.4. The Customer will be solely responsible for keeping their contact information updated by sending their update request to contacto@sosafe.cl.

    • 4.5.5. The impossibility of accessing the Client's Website by one or several Internet users will not generate any responsibility for SOSAFE®.

    • 4.5.6. Maintenance of the necessary equipment for the access and provision of SOSAFE® services.

  • 4.6. The client will not use the Application and Services provided by SOSAFE® in any way that infringes, weakens, misappropriates or in any way violates the right to privacy or other personal rights or any other type of rights. SOSAFE® reserves the right to verify the data and request the necessary documentation for it and to eliminate accounts or data that present disagreement, such as false data, identity theft, duplication of data, incomplete data among others.

5. Responsibilities

  • 5.1. SOSAFE® does not grant any express or implied warranty in relation to the Services it provides in order for them to operate or operate in an interrupted or error-free manner. Consequently, SOSAFE® will not have any responsibility for the loss of data or information specific to the client or its contacts, nor for any other losses, damages and / or damages that may be caused to the person or property or customer information. your dependents, your customers or third parties, as a result of, or related to or as a consequence of the provision of the services object of this Contract by SOSAFE® and its personnel, among others and, particularly, by interruptions, malfunctions or errors of the equipment, and / or of any of its hardware or software components, or in the execution of the Services; except only insofar as said losses, damages and / or losses were directly and exclusively attributable to the fault or deceit of SOSAFE® or its dependents, but always and in all cases limited to actual or anticipated damages and losses, and with the maximum limit of liability stipulated in paragraph 5.3. of this clause.

  • 5.2 In no case and under any circumstances SOSAFE®, its parent company, subsidiaries and licensors will be liable for loss of profits, loss of profits, loss or inaccuracy of data, direct, indirect, anticipated or unforeseen damages, or any other category, even when said party has been advised of the possibility of such damages.

  • 5.3. In any case, the total contractual, extracontractual or any other liability of SOSAFE®, if any, for any and all damage or harm caused or likely to be caused to the client, its employees, customers or third parties, for any reason or reason related to this contract, is conventionally and expressly limited to the amount of the remuneration actually paid to SOSAFE® corresponding to the last month in which the Services were rendered.

  • 5.4. This clause will remain in force even after the termination for any reason of the Contract.

6. Intellectual Property Rights

  • 6.1. The client acknowledges that SOSAFE® owns the intellectual rights over the application, software and services provided by SOSAFE® - in its capacity as owner and / or licensee thereof - and that it has been authorized to market the Services. Therefore, the client is obliged to respect said ownership, license, rights and interests and can not in any case claim any property right over them.

  • 6.2. The client acknowledges that the software and the application may include certain elements of software owned by third parties, including software already known, without that enunciation is exhaustive, and therefore undertakes not to replicate or distribute said software or use it for purposes other than their own business activity.

  • 6.3. The customer may not sell, license, assign or otherwise transfer, or copy all or part of the software or services as well as for its affiliates or subsidiaries or for any third party unless it has been granted authorization in this respect. this agreement.

  • 6.4. The customer may not alter, decode, decompile, disassemble with reverse processes or reproduce any aspect of the Software unless it is legally permitted. You may not copy, resell, assign, transfer or otherwise provide access to any third party to the Services or Software or use them for the benefit of content belonging to third parties, unless otherwise agreed.

7. Prohibitions

The information and content of the Services (including, but not limited to, messages, information, data, texts, music, sounds, photos, graphics, videos, maps, icons, software, codes or any other material), as well as the The infrastructure used to provide said content and information is the property of SOSAFE®. You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, transfer, sell or resell any information, software, products or services obtained from or through the Services offered by SOSAFE® or sent text messages by SOSAFE®.

Likewise, you accept:

  • 7.1. Not to use the Services or its content for any commercial purpose.

  • 7.2. Do not access, monitor or copy any content or information of the Services using a “robot”, “spider”, “scraper”, or any other automatic means or manual process for any purpose without our express written permission;

  • 7.3. Do not violate the restrictions of any heading excluding robots in the Services or avoid any other measure used to prevent or limit access to the Services;

  • 7.4. Not to take any action that imposes, or may impose, in accordance with our discretionary opinion, an unreasonable or disproportionate burden on our infrastructure;

  • 7.5. Do not make direct link to any part of any of the Services for any reason without our express written consent;

  • 7.6. Do not make “frame”, “mirror” or otherwise incorporate a part or the entire Site into any other site without our prior express consent;

  • 7.7. Do not attempt to modify, translate, adapt, edit, disassemble, decompile or reverse engineer any software program used by SOSAFE® in relation to the Services or the services provided.

8. Third-party websites and resources

The Services and the application may contain links to third-party websites or resources. We provide these links only for your convenience and SOSAFE® is not responsible for the contents, products or services on or available from such sites or resources or links that appear on such sites. You acknowledge exclusive responsibility and assume all risks arising from your use of any third party website or resources.

9. Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without prior notice to you. You can stop using the Services at any time by uninstalling the application or abandoning the use of the Site, as the case may be. In the event of termination, suspension or cancellation of services, all provisions of these Terms that by their nature should survive will survive, including, without limitation, the provisions of ownership, waivers of warranty, limitations of liability and provisions of dispute resolution.

10. General conditions

You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written permission of SOSAFE®. Any attempt by you to assign or transfer these Conditions, without such consent, will be null and void. SOSAFE® may assign or transfer these Terms and without restriction freely. Notwithstanding the foregoing, these Terms will be combined and will be in the best interest of the parties, their authorized successors and assigns.

All notices or other communications provided by SOSAFE® under these Terms, including those relating to modifications to these Conditions, will be given to you: (i) by SOSAFE® via email, or (ii) by posting on the Site www. sosafe.cl. For notifications made by email, the date of receipt, will be considered the date on which the notification is transmitted.

The impossibility of SOSAFE® to enforce any right or provision of these Conditions will not be considered a waiver of those rights. The waiver of such right or provision will only be effective if it is written and signed by a duly authorized representative of the SOSAFE® Rights.

11. Applicable law

This agreement is governed by the material right of Chile and the courts of Santiago de Chile will be competent to resolve any controversy related to this Terms and Conditions, Privacy Policy and SOSAFE® services.

12. Privacy Policy

  • 12.1. The security of personal data is a priority for SOSAFE®, complying with the provisions of article 19 n ° 4 of the Political Constitution of the Republic of Chile and Law n ° 19.628 on Protection of Personal Data. Accordingly, to use the services and access certain content, the user must previously provide certain personal data, which will only be used for the purpose they were collected, that is, for the services provided by SOSAFE® or by third-party users of the system and / or third party service and content providers.

  • 12.2. SOSAFE® uses various technological methods to collect and store information from its users for the sole purpose of providing the service and making improvements to the services and / or products offered by SOSAFE®.

  • 12.3. When registering, and / or sending us a query or request, the user will communicate to SOSAFE® their personal data. By doing so, it will be understood that express consent is given to the processing of your data both in Chile and in other countries that SOSAFE® determines. The information requested from the user corresponds to personal data, including, but not limited to, your name, address of electronic mail (e-mail), reference and contact comment. SOSAFE® will not request personal data of a sensitive nature. Not all the information requested at the time of participating in the site is mandatory to be provided, except for that which we deem convenient and that is made known to you.12.3. When registering, and / or sending us a query or request, the user will communicate to SOSAFE® their personal data. By doing so, it will be understood that express consent is given to the processing of your data both in Chile and in other countries that SOSAFE® determines. The information requested from the user corresponds to personal data, including, but not limited to, your name, address of electronic mail (e-mail), reference and contact comment. SOSAFE® will not request personal data of a sensitive nature. Not all the information requested at the time of participating in the site is mandatory to be provided, except for that which we deem convenient and that is made known to you.

  • 12.4. SOSAFE® does not share or disclose information obtained, except when authorized by you, or in the following cases:

    • 12.4.1. When required by a competent authority and prior compliance with the corresponding legal procedure

    • 12.4.2. When in the opinion of this site it is necessary to enforce the conditions of use and other terms of these services.

  • 12.5. SOSAFE® undertakes not to give personal information provided by users to third parties. In the event of a merger and / or purchase of SOSAFE®, each user will be informed and will request the express consent to transfer their data to the acquiring company.

  • 12.6. You will always have control over your personal data, being able at any time to exercise the rights of access, update, rectification, cancellation and / or suppression that you deem convenient.

  • 12.7. By accepting this Privacy Policy, the user authorizes SOSAFE to:

    • 12.7.1. Use the electronic mail (s) indicated by the user for sending notifications to this and / or third parties.12.7.1. Use the electronic mail (s) indicated by the user for sending notifications to this and / or third parties.

    • 12.7.2. Indicate your name in the notifications sent.

    • 12.7.3. Send to the emails of users and their contacts, information related to the SOSAFE service and related companies.

    • 12.7.4. Receive personal information from the user from other sources, such as, but not limited to, Internet sites associated with this page, and companies that have signed cooperation agreements with SOSAFE®, information that may be collected, processed and associated with the information personal delivered by the user to this page.

    • 12.7.5. Share the information of users and their contacts with third party service providers and content, necessary with the execution and provision of SOSAFE® services and to allow a smooth communication with users and customers, including sending emails, data analysis , marketing assistance and customer service.

    • 12.7.6. Use the information of its users collected for the generation of statistical reports and use of the Services, which may be shared or marketed with third parties, always respecting the anonymous nature of each user.

    • 12.7.7. Disclose the personal information of its users when this is necessary to comply with a legal or judicial mandate imposed on SOSAFE®, including the protection and defense of their rights, or of third parties.

  • 12.8. SOSAFE® providers may not use the personal data of the user and their contacts, but only with respect to the provision of the services delivered to SOSAFE®.

  • 12.9. Content and data

    • 12.9.1. For the purposes of these Conditions: (i) 'Content' means text, graphics, images, music, audio, video, authorship works of all kinds, and information or other materials that are published, generated, provided or available to through the Services, and (ii) 'User Content' means any content that users provide for the provision of SOSAFE® services.

    • 12.9.2. SOSAFE® does not claim any ownership rights over any Content that you make available through the SOSAFE® Services.

    • 12.9.3. SOSAFE® exclusively owns all the rights, titles and interests on and for the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademarks and other laws of Chile and other countries. You agree to remove, alter or conceal any copyright, trademark, service mark or other property rights incorporated or accompanying the Services or the Contents.

    • 12.9.4. The customer is solely responsible for all its content, consequently, the customer declares and guarantees that he owns all his user content or has all the necessary rights to grant the license rights of his User Content under these Terms . You can delete your user content through the Services. We are not responsible for the removal or deletion of (or failure to delete or delete) any of your user content.

  • 12.10. Use and disclosure of information In general, the personal information provided by the user will be used to provide a better product and / or service that can be provided by SOSAFE®, third parties or companies with which SOSAFE® has celebrated some type of of cooperation agreement.

  • 12.11. Protection of information SOSAFE® is committed to protecting the security and information of its users, in accordance with existing resources. SOSAFE® is constantly reviewing its systems and data to guarantee the best possible service to our customers. In case of any attack to our systems, or to the data incorporated in them, it will act diligently, proceeding to the denunciation before the competent authority, cooperating with the investigation, in the terms that correspond to the magnitude of the event and to the available resources, in order to prosecute or initiate the corresponding civil and criminal actions, always respecting the confidentiality due to the users of the application.

  • 12.12. Cookies allow a website to transfer the necessary information so that the site recognizes it every time it enters it. If you do not want SOSAFE® to use cookies with respect to you, please deactivate the use of cookies on your computer. Failure to do so will be understood as authorizing SOSAFE® to use this technology with respect to its computer equipment and data.

* SOSAFE® - SOSAFE S.A. 2018. All rights reserved.

If you have any questions about these Terms and Conditions, or about our services, please contact SOSAFE®. contacto@sosafe.cl