TERMS OF SERVICE

(Effective as of Jul 28, 2019)


These Terms of Service ("Terms") govern your rights and obligations regarding the use of Epicalsoft Reach ("Software") and service (both collectively referred to as the "Service") on the desktop, Internet or in cellular media. These Terms constitute a fully binding agreement between Epicalsoft S.A.C. ("Epicalsoft" or "We") the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.

By using the Reach Service, you signify your assent to these Terms;

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.

Key points

The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Epicalsoft.

  • Public authorities information prevails. The information provided by the Service is not intended to replace the information provided by government or related entities.
  • Cautious mobilization. Always move vigilantly according to street conditions, official information and in accordance with laws.
  • Non-continuous updates. The information provided by the Service originates from other users of the Service. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. Reach does not provide any warranties to such information's credibility or reliability.
  • Location-based Service. Some features of the Service make use of detailed location, for example in the form of GPS signals and other information sent by your mobile device on which the Reach application is installed and activated. These features cannot be provided without utilizing this technology. Please note, as described in detail in the Privacy Policy.
  • The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
  • Free Software. The Service utilizes Software for map displays, updates and road information. With respect to some cellular telephone devices running the Software, the Software is a free-software. In such cases you may redistribute the Software or modify it in accordance with the GNU General Public License as published by the Free Software Foundation, whether it is version 2.0 of the license or any later version of your choice. For further information, see the GNU General Public License. The Service, its database, Reach's trademarks, the design of the maps of the Service and the voice files integrated in the Software – all are not free-software.
  • Your age. You could find alcohol, tobacco, or drug use or references. In any case, to use our Service you must be 12 years of age or older. If you are under 12, you may not download or use the Service. Accounts of users under the age of 12 years will be canceled and deleted by Reach, upon receiving notice.
  • Privacy. Your privacy is important to us. While using the Service, personal information may be provided by You or collected by Reach as detailed in our Privacy Policy. The Privacy Policy explains our practices pertaining to the use of your personal information and we ask that you read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Reach, subject to this section, the Privacy Policy and any applicable laws and regulation.

What is the service?

The Service is described as a technological platform based on crowdsourcings for monitoring, control, management and analysis of criminal incidents, atypical situations and emergencies through mobile devices, PCs and IoT devices. The Service is provided mainly through the Software within personalized subscription service that allows our members to access prevention, surveillance and intelligence features over the Internet to certain PCs and other devices connected to the internet ("Reach-ready devices").

The license

Reach Service Epicalsoft hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms. The following plans offer different features for individuals, government or non-profit organizations, for more information write to hello@epicalsoft.com.

  • The free subscription plans of the Software This is the default plan kind that is associated with each new Reach account, users can access a limited set of features through cellular telephones or PCs. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Be advised that this clause applies only with respect to the free version of the Software. It does not apply to the Service, its database, Reach's trademarks, the design of the maps of the Service and the voice files integrated in the Software or to other intellectual property rights of Epicalsoft – all of these are not free-software. Epicalsoft determines eligibility for the free use at its sole discretion and we may limit the eligibility or duration to prevent abuse of the service. We reserve the right to revoke the free service and suspend your account if we determine that you are not eligible.
  • The paid subscription plans of the Software Reach offers advanced functions based on statistics and artificial intelligence for incident management and analysis. Epicalsoft determines eligibility to access these types of plans at its sole discretion to prevent abuse of these types of features. For more information about these services, please contact hello@epicalsoft.com.

Using the service

You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Epicalsoft. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.

You may not copy, print, save or otherwise use data from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.

When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service's database for any purpose without the express prior written permission of Epicalsoft.

The Software may not be used in any way that is not expressly permitted by these Terms.

Use restrictions

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Epicalsoft's sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person:

  1. copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them;
  2. make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Epicalsoft prior written consent;
  3. create a browser or border environment around the Content (e.g. no frames or inline linking);
  4. interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
  5. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' copyrights, and other intellectual property rights;
  6. transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  7. interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  8. sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site;
  9. frame or mirror any part of the Service and/or Site without Epicalsoft prior express written authorization;
  10. create a database by systematically downloading and storing all or any of the Content from the Service and/or Site;
  11. forward any data generated from the Service and/or Site without the prior written consent of Epicalsoft;
  12. transfer or assign your Service accounts’ password, even temporarily, to a third party;
  13. use the Service and/or Site for any illegal, immoral or unauthorized purpose;
  14. use the Site, the Service, or the Content for non-personal or commercial purposes without Epicalsoft's express prior written consent; or
  15. infringe or violate any of these Terms.

Termination of use of the Service

You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Epicalsoft of such termination. However, if you would also like for Epicalsoft to delete your Reach account and your personal information contained in the account, please write us at hello@epicalsoft.com. On receiving such a request, we will use reasonable efforts to delete such information, however please note that information may not be deleted immediately from our back-up systems. For more information, please read our Privacy Policy.

Epicalsoft retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason we deems appropriate, at its sole and absolute discretion.

User content

The Service allows all users of the Software to submit and post information and content to other users ("Content"). Content can include, for example, comments, incident reports, map and road updates, etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences about HOW and WHEN you post Content.

Forbidden posts

It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to Epicalsoft, the Service, or Epicalsoft's products, and such Content strictly complies with these Terms.

When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:

  • is diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks;
  • poses a risk to a person's safety, security or health;
  • identifies other persons without obtaining such person's express written consent to the disclosure of their personal information unless their identification is necessary for the follow-up of a crime in flagrance evidenced by a media file in an incident report;
  • identifies minors or their personal information, including their full name, age or parents contact information unless it is already public by official means (government, public entities or press media);
  • is unlawful, defamatory, libelous or invades the privacy of others; is harassing, offensive, threatening or vulgar; is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
  • encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
  • promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;
  • falsely expresses or implies that such content is sponsored or endorsed by Epicalsoft.

The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.

We may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Epicalsoft or any of its agents or affiliates. In such cases, we may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to Epicalsoft by any law.

Rights in content

When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Epicalsoft to publish the Content and exploit all intellectual property rights in and to the Content. Epicalsoft receives no ownership rights in and to the Content that you submit. However, by submitting Content to Reach, you hereby grant Epicalsoft and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to Epicalsoft in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Epicalsoft's sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless Epicalsoft provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize Epicalsoft to be your agent).

Examination of content

Epicalsoft may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. Epicalsoft does not normally utilize its right to monitor Content and does so only in rare cases.

Epicalsoft retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. Epicalsoft does not guarantee that all Content will be published, in general or for any limited time.

Content submitted by users for publication does not reflect the views of Epicalsoft. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

Apple

If you use the Service on an Apple device, then you agree and acknowledge that:

  • Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
  • You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
  • Apple and Apple's subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Limitation of liability and warranty

EPICALSOFT PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

Additionally and without derogating from the above clause, Epicalsoft disclaims any warranties relating to the accuracy of the incident reports, maps or content presented or displayed in or by the Service. For instance, streets may be insecure in areas depicted by the Service as secure; existing roads may be missing from the map; users may submit faulty or inaccurate content or reports. Such errors and omissions are inherent to any community-based service that operates on users' posts and on the information provided by them.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.

THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED BY PUBLIC AUTHORITIES. IN THE EVENT THAT THE INFORMATION PRESENTED BY PUBLIC AUTHORITIES INSTRUCT DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.

Epicalsoft exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Reach's infrastructure, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Reach or any of its providers.

EPICALSOFT, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

Breach and indemnity

Without derogating from any applicable law, you agree to indemnify and hold harmless Epicalsoft and its employees, officers, directors and agents from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Epicalsoft, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.

Privacy

Epicalsoft respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software and the Service is readily accessible at our Privacy Policy and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

Modifications to the service and software

Epicalsoft may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Epicalsoft for applying such changes or for failures incidental to such changes.

Termination of service

Epicalsoft may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.

Modifications of these terms

Epicalsoft may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.

Governing law and jurisdiction

These Terms, the Software and the Service will be governed solely by the laws of the State of Peru, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in Lima city in Perú.

Limitations

Should you desire to file any cause of action against Epicalsoft, arising out of or related to the Reach or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.

Assignment of rights

You may not assign or transfer your rights in and to the Service, without the prior written consent of Epicalsoft. Epicalsoft may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Epicalsoft's obligations to you under these Terms.

Complete terms

These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the Copyright Policy, shall all constitute the entire and complete agreement between you and Epicalsoft concerning the Reach Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.

Contact us

You may contact us concerning any question about the Service through the following email: hello@epicalsoft.com. We will make our best efforts to address your inquiry promptly.