General terms and conditions

1. General

The website Amicimi is owned and operated by Punfyre BV, with registered office located at Vlamingstraat 4, 8560 Wevelgem (Belgium) and with company number 0749.930.853.

For any question relating to these terms and conditions of Amicimi, please use the following e-mail address: [email protected].

These general terms and conditions constitute an agreement which is binding on the parties, on the one hand Amicimi and on the other hand the user. It is recommended that the user read these terms and conditions carefully before making a purchase through the Amicimi website.

2. Definitions

"Subscription" is (i) the agreement entered into between Punfyre BV and the user or (ii) any other written agreement entered into between Punfyre BV and the user relating to Amicimi's products and/or services.

"Amicimi services" are the alarm function services offered by Punfyre BV to registered users via the Amicimi alarm button and the Amicimi application.

"Data Subject" is the user whose personal data are processed by Punfyre BV in the context of the Amicimi website, products and/or services.

"Reflection period" is the period within which the user can exercise his right of withdrawal.

"Third party" is any natural person or legal entity that does not have the capacity of user, representative of Punfyre BV or data subject.

"Registered user" is the natural person who has registered through Amicimi's application to use Amicimi's alarm button with associated services.

"Intellectual Property Rights" means all now known or subsequently additional (i) copyrights, neighbouring rights and moral rights, (ii) trademark or service mark rights, (iii) trade secret right, know-how, know-how, (iv) patents, patent rights and industrial property rights, (v) database rights, rental rights and all other industrial and intellectual property rights or layout design rights, design rights, (vi) supplementary protection certificates (vii) trade and business names, domain names, similar rights (whether registered or unregistered) (viii) all registrations, applications for registration, renewals, extensions, subdivisions, improvements or reissues relating to these rights and the right to apply, retain and enforce any of the foregoing, in any case and in any jurisdiction worldwide, for so long as such protection is in force.

"User" is the natural or legal person who has purchased or registered an alarm button with associated subscription services from Amicimi for the use of the free services.

"Personal data" is any information about an identified or identifiable person.

"Privacy Statement" is the privacy statement of Amicimi.

"Amicimi Products" are the Amicimi alarm button and the Amicimi application sold/have been sold or made available to the user by Punfyre BV through the Amicimi website.

"Securitas Alert Services" is a recognised security company and/or licensed security company within the meaning of the Law of 2 October 2017 on private and special security and it provides services to the User in this capacity. For Belgium: Securitas Alert Services NV with registered office at 1120 Brussels, Sint-Lendriksborre 3 and with company number 0461.363.870. For the Netherlands: Securitas Alert Services BV with registered office at Spaarpot 121, 5667 KW Geldrop, the Netherlands and with Chamber of Commerce number 17056964.

"Distance sale" is the sales agreement concluded between Punfyre BV and the user within the framework of an organised system for the distance sale of a product or service without simultaneous personal presence of Punfyre BV and the user and where, up to and including the moment of the conclusion of the agreement, exclusive use is made of one or more means of distance communication.

3. Object and objectives

3.1

These general terms and conditions apply to every product and service offered on the Amicimi website, to every offer and purchase order for those products and services and to all deliveries thereof. Every purchase order that is concluded implies acceptance of the general terms and conditions.

3.2

The terms and conditions can be accessed at any time on Amicimi's website.

3.3

Punfyre BV only provides technical services related to the transmission of alarm signals via the Amicimi alarm button and its application. Punfyre BV does not carry out surveillance activities as defined in the law of 2 October 2017 on private and special security. All monitoring and follow-up activities, including monitoring and intervention after an alarm, are carried out entirely by authorised and licensed third parties, such as Securitas Alert Services.

4. Registration

For some Amicimi services, the (registered) user is invited to provide personal data. The user expressly agrees to:

• (i) provide true, accurate, current and complete information about themselves as requested on the registration form; and
• (ii) immediately and spontaneously update this information in the event of any changes.
• (iii) Punfyre BV reserves the right, where it has reasonable suspicions that the information provided is inaccurate, incomplete or outdated, to suspend or refuse registration and/or the service requested.

5. Purchase and subscription conditions

5.1

Punfyre BV's Amicimi products and Amicimi services are offered for sale in the webshop of the Amicimi website. Users can choose between free or paid subscriptions.

5.2

The prices for Amicimi products and Amicimi services offered for sale in the webshop of the Amicimi website include VAT.

The prices indicated on Amicimi's website do not include shipping costs. The calculation of shipping costs can be consulted on the website at any time. All other taxes and levies of any kind relating to the Amicimi products to be delivered or their transport, including new taxes and levies that would be introduced after the conclusion of the Agreement, are entirely borne by the user.

5.3

Subscriptions are purchased for a specified duration of one (1) year. Subscriptions are paid in advance for their entire duration. A subscription comes into effect automatically upon receipt of payment to Punfyre BV by the user.

Should the user wish to terminate the subscription before the expiry of its duration, the user will be liable to Punfyre BV for a termination fee corresponding to the amount due up to the expiry date of the duration of the subscription. Given that the fees for the Amicimi products and Amicimi services have already been paid by the user to Punfyre BV prior to their delivery and commencement, these fees are in that case definitively acquired by Punfyre BV without Punfyre BV still having to provide Amicimi products and/or Amicimi services to the user.

After the expiry of the first subscription year, the subscription to the Amicimi Services will be tacitly renewed for an indefinite period of time, unless the user cancels the subscription by registered letter addressed to Punfyre BV at the latest one (1) month before the expiry of this first subscription year. After the tacit renewal of the subscription, the user can cancel the subscription regarding the Amicimi Services at any time by registered letter addressed to Punfyre BV subject to respecting a notice period of two (2) months. The notice period starts on the first day of the month following the month in which the notice was given.

5.4

Punfyre BV reserves the right to unilaterally change the prices and offers of Amicimi products and Amicimi services at any time. The new price and/or the new offer will be notified in writing to the user at least one (1) month before it takes effect. If the user does not accept the new price and/or the new offer, then that user has the option to terminate the subscription by registered letter addressed to Punfyre BV. If Punfyre BV has not received this termination (on time), then the user is deemed to agree to the new price and/or the new offer.

6. Payments

6.1

Unless expressly stated otherwise in a specific sales offer, the cost of the first purchase of Amicimi products and Amicimi services (incl. first subscription year) is paid by the user via an online payment. For the online payment, the user is referred to the payment platform Mollie. By using this service, the user agrees to Mollie's Terms and Conditions.

If during the online purchase process the price to be paid cannot be deducted from the user's account (balance insufficient, wrong account number, technical problems, etc.), the purchase-sale of the Amicimi products and/or Amicimi services is deemed not to take place.

Offering the payment options does not imply any liability on the part of Punfyre BV that the payment system will be faultless, without breakdowns, interruptions or errors. Punfyre BV is not liable for any damages, direct or indirect, resulting from the execution of a payment.

6.2

Following the tacit renewal of the subscription for the Amicimi services, the user will receive an annual invoice from Punfyre BV. The Amicimi services will only be provided upon receipt of payment of each annual invoice. The user acknowledges and accepts that in the absence of timely payment, the Amicimi services will be suspended and this without prior notice of default and without compensation in favour of the user.

6.3

Unpaid amounts and/or invoices on the due date shall, ipso jure and without prior notice of default, incur interest on arrears of 12% per annum on the unpaid amount from the due date. Likewise, a fixed compensation in the amount of 10% of the outstanding amount (with a minimum of €50) will be due by operation of law and without prior notice of default as compensation, without prejudice to Punfyre BV's right to claim a higher compensation if the actual damage suffered is higher.

6.4

Any costs and/or fines associated with the intervention of third parties, such as the police, the fire brigade, an ambulance, etc (non-exhaustive list) as a result of the use of the Amicimi services (including the Amicimi alarm button) are always borne by the registered user and cannot be recovered from Punfyre BV, nor from Securitas Alert Services.

7. Delivery and delivery times of Amicimi products and Amicimi services

7.1

When selling remotely, Punfyre BV undertakes to deliver the Amicimi products (i.e. the Amicimi alarm button with personal code) to the address of the user. The delivery times on the website www.amicimi.com are only indicative; they are approximate and are not strict deadlines. The Amicimi products will only be delivered by Punfyre BV to the user upon receipt of payment in accordance with article 6 of these general terms and conditions.

7.2

If the scheduled delivery date is exceeded due to an error by Punfyre BV, the user may, without judicial intervention and with simple notification to Punfyre BV (by e-mail: [email protected]), cancel the order free of charge, provided that the ordered Amicimi product has not yet been shipped by Punfyre BV to the user. The user will then be reimbursed by Punfyre BV for the amounts already paid within thirty (30) days.

7.3

If an order cannot be delivered to the address provided by the user, Punfyre BV reserves the right to terminate the agreement by operation of law, without prejudice to its other rights under the agreement and the law. Punfyre BV will notify the user of the termination of the agreement.

7.4

The risk regarding the Amicimi products (i.e. the Amicimi alarm button with personal code) is transferred to the user from the moment of their delivery to the user or their collection by the user. From that moment, the user bears the risk of loss, theft, and partial or total destruction of the Amicimi products. Ownership regarding the Amicimi products is only transferred from Punfyre BV to the user from the moment of full payment of the price by the user.

7.5

The user undertakes to receive the sold good immediately upon delivery and to examine whether the quality of the delivered good corresponds to what was agreed. Any visible defects concerning the delivered good must be reported in writing to Punfyre BV immediately and no later than 48 hours after delivery. If visible defects are established, the user is obliged to return the delivered good in its original packaging to the address of Punfyre BV at his expense.

7.6

The user undertakes to activate the Amicimi services in accordance with article 8.2 of these general terms and conditions within a period of six (6) months after receiving the Amicimi alarm button. Failing this, Punfyre BV is entitled to discontinue the subscription without judicial authorisation, without prior notice and without compensation to the user.

8. Amicimi product and service information

8.1

In order to use the Amicimi services, the registered user must have a working Amicimi alarm button and a working mobile phone. The user should download the Amicimi application on his/her mobile phone via the calibrated way (iTunes or Google Play).

Punfyre BV does not guarantee that the Amicimi application can be downloaded on every mobile phone. It is the registered user's responsibility to inform himself about this in advance. The non-compatibility of the registered user's mobile phone with the Amicimi application is not a valid reason for the termination of the subscription.

8.2

In order to activate the Amicimi application with accompanying alarm button, the user must complete the provided registration procedure via this application. If this registration procedure is not fulfilled, Punfyre BV cannot provide the Amicimi services.

The registered user undertakes to activate the Amicimi services (alarm) only when he/she is in a panic situation.

The registered user undertakes to use the Amicimi alarm button only for the purposes prescribed by Punfyre BV.

8.3

The registered user is responsible for ensuring that the Amicimi alarm button works. The registered user is thus obliged, among other things, to check that the battery of the Amicimi alarm button is not flat and that it sends a signal.

The registered user acknowledges being informed about the operation of the Amicimi alarm button, in particular that the signal from this alarm button can only be transmitted, when:

• (i) the registered user's mobile phone is at a distance of no more than 2 metres from the Amicimi alarm button,
• (ii) the registered user's mobile phone is switched on and functioning normally (battery not dead, mobile phone not broken, mobile phone not affected by viruses, etc.),
• (iii) Bluetooth is activated on the registered user's mobile phone,
• (iv) there are no obstacles interfering with the signal,
• (v) mobile internet is installed on the registered user's mobile phone and
• (vi) there is an active internet connection to the registered user's mobile phone at the time of pressing the Amicimi alarm button.

Punfyre BV cannot be held liable for any damage consequences of a non-working Amicimi alarm button.

8.4

It is the registered user's responsibility to ensure that their mobile phone's localisation and audio system is working.

The registered user is responsible for ensuring that his mobile phone is capable of recording and sending out an audio recording, as well as capable of locating and sending out a GPS coordinate, at the time of pressing the Amicimi alarm button.

Punfyre BV is not liable for the non (correct/accurate) functioning of the audio and localisation system of the registered user's mobile phone, if it is due to technical problems of this user's mobile phone.

8.5

The registered user undertakes to communicate to Securitas Alert Services and Punfyre BV any failure or malfunction of the Amicimi alarm button and/or the Amicimi application that may give rise to needless alarms to Punfyre BV within eight (8) hours of its occurrence.

8.6

Punfyre BV may at any time release new versions of the Amicimi application, with or without modified functionalities and modes of use. If the registered user does not agree to the changes to the terms of use, his/her right of use on it will end and the licence will be terminated. If the registered user does not object to the amended terms of use within a period of seven (7) days after notification thereof to the user, he/she will be deemed to agree to these amended terms of use.

8.7

Punfyre BV's services are provided on an 'as is' basis, without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Punfyre BV does not warrant that the services will be uninterrupted or error-free.

9. Exclusion from surveillance activities

9.1

Punfyre BV is not a surveillance company and does not carry out activities that fall under the definition of surveillance activities according to the law of 2 October 2017. Punfyre BV's services are limited to technically facilitating the communication of alarm signals between the user and an authorised surveillance company. The user acknowledges that all tasks related to monitoring, alarm follow-up, and any post-alarm interventions are carried out exclusively by authorised and licensed third parties, such as Securitas Alert Services or other authorised monitoring companies, depending on the user's country and specific location.

9.2

The user acknowledges that he/she must contract directly with the authorised surveillance company for the performance of surveillance activities. Punfyre BV acts only as a conduit of technical signals and is not responsible for the performance of any surveillance services.

10. Responsibility of third parties

10.1

The user acknowledges that Punfyre BV does not carry out surveillance activities that require a licence. These activities are performed entirely by Securitas Alert Services or other recognised and licensed monitoring centres assigned based on the user's country or location. Punfyre BV is limited to the transmission of technical signals and does not offer monitoring, follow-up, or intervention.

10.2

Securitas Alert Services is fully responsible for the processing and follow-up of alarms after activation of the Amicimi alarm button. Punfyre BV bears no responsibility for these activities and cannot be held liable for any damages arising from the performance of these services by Securitas Alert Services.

Nor does Punfyre BV accept responsibility for Securitas Alert Services' security of the user's data.

Punfyre BV shall in no way be liable for the conduct, acts or omissions of Securitas Alert Services.

10.3

As part of the alarm follow-up by Securitas Alert Services, the registered user is obliged to comply with the general terms and conditions of Securitas Alert Services. The registered User acknowledges that it is familiar with these Securitas Alert Services general terms and conditions.

10.4

The user acknowledges that all obligations relating to surveillance activities, including compliance with legal requirements, are met by Securitas Alert Services, and indemnifies Punfyre BV against any liability in this regard.

10.5

Punfyre BV may engage third parties to provide certain services. Punfyre BV is not responsible for the actions, errors, or omissions of these third parties, nor for any damages resulting therefrom.

11. Liability

11.1

Punfyre BV shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from or related to monitoring activities, including but not limited to monitoring, follow-up of alarms, interventions, and any form of enforcement that takes place after activation of an alarm. These activities are carried out exclusively by Securitas Alert Services or other recognised and licensed third parties, with whom the User has entered into a separate agreement.

11.2

User acknowledges and accepts that Punfyre BV bears no responsibility for these activities, nor for any failures, errors, omissions, or defaults by Securitas Alert Services or such third parties. The user hereby fully indemnifies Punfyre BV against any and all claims, demands, costs, damages, and legal fees arising from or related to monitoring activities, regardless of the cause or nature of the claim, including but not limited to claims based on negligence, breach of contract, or legal obligations.

11.3

In no event shall Punfyre BV be liable for indirect, incidental, punitive, or consequential damages, including but not limited to loss of profits, revenues, data, or use, whether such damages result from breach of contract, tort (including negligence), or otherwise, even if Punfyre BV has been advised of the possibility of such damages.

12. Termination of the agreement or subscription

12.1

The user has the right to terminate the agreement or subscription as stipulated in article 5.3 of these general terms and conditions.

12.2

Without prejudice to the termination and suspension clauses provided for in Article 5, Article 6.2 and Article 13.3 of these general terms and conditions, Punfyre BV has the right to unilaterally terminate the subscription or agreement without observing a notice period in the event:

• the registered user does not use the Amicimi products and/or Amicimi services in the context of the purposes described for that purpose by Punfyre BV; or
• the registered user fails to pay an invoice after a prior notice of default; or
• the termination of the cooperation agreement between Punfyre BV and Securitas Alert Services, for any reason, unless Punfyre BV has concluded a new cooperation agreement with a new certified security company or licensed alarm centre that can continue to guarantee Securitas Alert Services' services under the contract concluded between the registered user and Securitas Alert Services regarding the use of the Amicimi alarm button and to which the registered user has not objected in writing within a period of eight (8) days after notification thereof to Punfyre BV. In the latter case, the user undertakes to enter into a contract with this new licensed security company or licensed alarm centre.

12.3

Punfyre BV reserves the right to immediately terminate the provision of services to a registered user if the user breaches these terms and conditions or if Punfyre BV decides to terminate the service for business reasons. In such a case, Punfyre BV will notify the user in writing and, if applicable, provide a proportional refund for unused services.

13. Liability

13.1

A party shall only be liable for damage caused by proven failures attributable to it within the limits of this article. If a party breaches its obligations, it shall be placed in default by the other party. The notice of default must be in writing and describe in reasonable detail the nature of the breach. The notice of default should give the defaulting party a reasonable period to remedy the default. If possible, Punfyre BV will rectify the fault at its own expense, for example by supplying a new Amicimi alarm button. In this case, the registered user will not be entitled to claim compensation.

13.2

Punfyre BV's liability is in any case limited to the value of an annual subscription concluded by the registered user. The right to compensation for errors attributable to Punfyre BV expires six (6) months after the occurrence of the alleged error.

13.3

The registered user agrees to fully indemnify and hold Punfyre BV and its directors, employees, representatives and affiliates harmless from any and all damages, losses, claims, liabilities, fines, costs, and expenses (including reasonable legal fees and expenses) arising out of or in connection with:

• (i) the use of the Amicimi products and/or Amicimi services by the user or a third party;
• (ii) any act, omission or default by Securitas Alert Services or other recognised and licensed third parties involved in the performance of monitoring activities;
• (iii) any third-party claims arising from or related to the monitoring activities, including but not limited to monitoring, follow-up of alarms, and interventions;
• (iv) any violation by the user of these general terms and conditions or any applicable laws or regulations;
• (v) any third party claim relating to intellectual property rights, privacy rights, or other rights arising from the provision of the Amicimi products and/or services; unless such damages or claims result from fraudulent intent or gross negligence on the part of Punfyre BV. This indemnification shall survive the termination of the agreement between Punfyre BV and the user.

13.4

It is possible that the Amicimi website contains links to other websites which may be of interest or informative to visitors to the Amicimi website. Such links are purely informative. Punfyre BV is not responsible for the content of the linked website or its use.

14. Right of withdrawal

14.1

The user has the right to withdraw from the distance contract within a period of fourteen (14) days from the purchase order, without giving reasons.

14.2

To exercise the right of withdrawal, the user must notify Punfyre BV of the decision to withdraw from the distance contract by an unequivocal statement by registered letter. To comply with the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

14.3

If the user revokes the distance contract, the user will receive back all payments he/she has made up to that point, including the delivery costs (with the exception of any additional costs resulting from the choice of a delivery method other than the cheapest standard delivery offered by us) without delay and in any case no later than fourteen (14) days after Punfyre BV has been informed of the decision to revoke the distance contract. Punfyre BV will refund the user with the same means of payment used for the original transaction.

14.4

The cost of returning or collecting a product, in the event of invoking the right of withdrawal, shall be borne by the user.

15. Force majeure

15.1

Force majeure includes all external causes, foreseen or unforeseen that are beyond a party's control, but which prevent a party from fulfilling its obligations, which include: electrical, computer, internet or communication failures, natural disasters, pandemics, cyber attacks, war and military operations, national or local emergencies, acts or omissions of government, economic disputes of any kind, actions of employees, fire, "bugs" in third-party software flooding, lightning, explosions, collapses, unexpected legal or regulatory changes, supplier delays or errors, price increases by suppliers of goods or services, as well as any act or omission by any person or entity beyond the reasonable control of a party.

15.2

In the event of force majeure, the obligations of the relevant party shall be suspended. In such case, the parties shall make all reasonable efforts to limit the consequences of the force majeure situation. In case the force majeure should last for more than two (2) months, the other party shall be entitled to terminate the agreement or subscription without court intervention, without any obligation to pay damages in that case.

16. Intellectual property rights and licensing

16.1

Punfyre BV grants the registered user a temporary, revocable, non-exclusive and non-transferable licence in respect of the entire Amicimi application to use it for his personal, non-commercial use in accordance with these terms and conditions. This licence may not be shared with any other person. The licence is not transferable to third parties, except upon prior and written consent of Punfyre BV.

16.2

All intellectual property rights in the Amicimi website, the Amicimi alarm button and the Amicimi application and its content, including software, images, databases, trademarks, logos drawings, data, product or company names, texts, are and remain the property of Punfyre BV or entitled third parties. The registered user may not make the Amicimi application available to third parties, sell, rent, decompile, reverse engineer or otherwise modify it.

16.4

All intellectual property rights in the Amicimi website, application, products, and underlying technologies are and will remain the property of Punfyre BV or its licensors. Users may not reverse engineer, decompile, or otherwise attempt to discover, copy, or otherwise use any technology, software, or other materials provided by Punfyre BV other than as permitted under these terms and conditions.

16.3

The licence to use the Amicimi application and products is strictly limited to the technical support of alarm communication. The use of this licence does not include surveillance activities, as defined in the law of 2 October 2017, and Punfyre BV does not license such activities.

17. Privacy

Punfyre BV values the privacy of registered users and respects all applicable relevant laws when processing personal data. The Amicimi Privacy Statement explains how Punfyre BV obtains and processes their personal data.

18. Changes

Punfyre BV reserves the right to change these terms and conditions. We recommend that users regularly review the general terms and conditions to be aware of any changes.

19. Divisibility

If any provision (or part thereof) of these general terms and conditions should be unenforceable or in conflict with a mandatory provision, this shall not affect the validity and enforceability of the other provisions of these general terms and conditions, nor the validity and enforceability of that part of the relevant provision which is not unenforceable or in conflict with a mandatory provision. In such a case, the parties will negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and legally valid provision that is as close as possible to the purpose and scope of the original provision.

20. Transfer

The registered user shall not transfer the subscription or agreement to any other party except with the written consent of Punfyre BV, which consent shall not be withheld on unreasonable grounds. Punfyre BV may transfer the subscription or agreement to any of its affiliates, subsidiaries or legal successors at any time.

21. Applicable law and competent courts

These general terms and conditions are exclusively governed by and shall be interpreted in accordance with applicable Belgian law, without regard to any conflicting legislation or rules. The courts and tribunals of the judicial district of West Flanders, Kortrijk division have exclusive jurisdiction if a dispute arises regarding the interpretation or execution of these general terms and conditions.