- Operation of the app
The app works in combination with the Lokato Kidswatch. This is a children’s watch that enables localization and direct telephone communication with the wearer of the children’s watch via the SIM card. With the help of the GPS data of the watch (GPS, GSM, AGPS & LBS), the bearing of mobile phone masts and Wifi networks, position and movement data (hereafter also referred to as “geoposition data”) are collected and transmitted to Lokato via a mobile data connection. Lokato prepares this data for the user in the app. Further technical details about the functionality and the scope of services can be found on the Lokato website (lokato.eu) as well as in the product description. Further information can also be found in our FAQs.
- After you have downloaded the app from the respective “App Store” (for the required versions, see our FAQ), you must first register with your e-mail address, a user name and a password. The e-mail address and password also serve as access data for the person who administers the app and the geoposition data available through it.
- After completing the registration process and activating the account, the user data of the Lokato Kidswatch can be entered. This requires, among other things, a pseudonym or the name of the child, as well as the SIM card and telephone numbers.
- Special instructions
- Lokato will continuously take all reasonable measures to ensure the continuous availability of the app, as well as the location and position recording and to eliminate any malfunctions as quickly as possible. Even though, due to force majeure (e.g. storms) or due to the execution of necessary maintenance, repair or other measures on Lokato’s technical equipment or on the technical equipment of third parties that provide data, content, information or transmission capacities for Lokato, unavoidable temporary disruptions or a reduction in performance (speed) may nevertheless occur.
- To use the Lokato Kidswatch, an active SIM card of a telecommunications provider is required. The content and scope of the data and mobile phone options are subject exclusively to the terms and conditions agreed with the telecommunications provider. The receipt of data packets may result in additional costs (e.g. roaming charges), depending on the respective mobile phone tarif and in particular when operating abroad. Details can be found in the service description and the contractual conditions of the respective provider.
- The support is limited exclusively to the use of the SIM card provided by Lokato. If the user changes provider, the functionality of the Lokato Kidswatch may be impaired.
- Obligations of the user
- All data provided during the registration must be accurate and complete. The access data must be treated confidentially and must not be passed on to unauthorized third parties.
- The user of the app must obtain the consent of the person whose position and movement data are to be evaluated. The obligation to protect personal rights as well as the legal application is exclusively incumbent on the user of the app.
- Rights of use
- By using the App, the user on the other hand grants Lokato the simple, non-exclusive, unlimited in terms of time and content, transferable and sub-licensable right to use all non-personal data, in particular geoposition data and data for determining whereabouts or data whose personal reference has been removed (anonymized data), in order to be able to pass this data on to rescue and emergency services (police and fire brigade) or to the persons designated by you as authorized persons in the event of an emergency and with your express consent.
- Final provisions
- Contracts between Lokato and you shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, shall remain unaffected.
- You have the option of using alternative dispute resolution in the event of legal disputes. The following link of the EU Commission (also called OS platform) contains information on online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE. However, Lokato does not participate in dispute resolution proceedings before a consumer arbitration board and is not legally obliged to do so.
- Information on the disposal of waste electrical and electronic equipment (WEEE) and further information on the EU Directive on Waste Electrical and Electronic Equipment (WEEE Directive) can be found in the separate notes. This also applies to the notes on battery disposal.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Lokato is Lokato’s place of business.
- Even in the event of the legal invalidity of individual points, the remaining parts of the contract shall remain binding. The ineffective points shall be replaced, if any, by the statutory provisions.
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