/Users/tserdarusic/Desktop/Op/Opci_finalno/General

GENERAL TERMS AND CONDITIONS

OF USE OF DRIVE ANGEL APPLICATION

These General Terms and Conditions of Use of the
“Drive Angel” application govern relations between the
company ZUBAK GROUP Ltd. on the one hand, and the
users of the Drive Angel application (hereinafter the
Application) on the other hand.

If the context does not require otherwise, the particular
words  and  expressions  in  terms  of  these  terms  and
conditions have the following meaning:
2.1.  “ZUBAK  GROUP”  is  the  company  ZUBAK  GROUP
Ltd., with registered seat in Velika Gorica, Zagrebačka
117,

personal

identification

number

(PIN):

39135989747;
2.2.  “ORYX”  and/or  “ORYX  Assistance”  is  the
commercial  name  and  brand  of  technical  roadside
service or assistance provided by ZUBAK GROUP;
2.3. “User” is a natural or legal person who, using the
ORYX Assistance product, installing the Application and
accepting these General Terms and Conditions, gets the
right to use the Drive Angel application;
2.4.  “Application”  is  the  application  “Drive  Angel”,  i.e.
alarm service system in the event of a traffic accident;
2.5. “Traffic Accident” is a road event involving at least
one moving vehicle and at least one person injured, or
material damage caused;
2.6.  “Contact  and/or  Call  Center”  is  an  ORYX
communications  center  that  receives  the  information
from the Application and contacts with the user or other
persons  in  accordance with these  General Terms and
Conditions
2.7.  “General  Terms  and  Conditions”  means  these
General  terms  and  any  subsequent  amendments
thereto;
2.8.  “Territory”  means  the  territory  of  the  Republic  of
Croatia  or  Bosnia  and  Herzegovina  or  Slovenia
(depending  on  territory  where  the  application  was
installed).

By  using  the  Application,  you  agree  to  these  General
Terms  and  Conditions.  These  General  Terms  and
Conditions  govern  the  use  of  the  Application.  Read
these  General  Terms  and  Conditions  carefully  before
using  the  Application.  If  you  do  not  agree  to  these
General  Terms  and  Conditions,  do  not  use  the
Application.

Applicable regulations of the Republic of Croatia shall
apply to all the relations between the company ZUBAK
GROUP Ltd. and the User, which are not regulated by
these General Terms and Conditions.

USE OF APPLICATION

The application is a system or service for alarming
relevant legal or natural persons intended for drivers in
the event of a traffic accident occurring on the territory
of the Republic of Croatia or Bosnia and Herzegovina or
Slovenia (depending on territory where the application
was installed).

The system is designed so as not to disturb the driver
while  driving, and  in  the  event of  a  traffic accident,  it
communicates with the ORYX call center or the User’s
private  contacts  providing  information  on  the
circumstances  of  the  traffic  accident.  Some  of  the
information  that  the  Application  sends  to  the
designated  recipients  includes  the  GPS  location,  the
speed before the accident, and the user's information.

With  the  communication  taking  place  between
computer  systems  without  human  intervention,  the
information  comes  to  the  right  place  as  soon  as
possible  reducing  the  human  error  factor  in  reporting
the details of the situation.

The  application  is  a  three-layer  system  consisting  of
application  on  a  smartphone,  server  application  and
data basis. The system handles data sets obtained from
smartphone  built-in  sensors  in  real-time  and  sets
parameters of vehicle status in traffic based on built-in
algorithms.

A  person  using  ORYX  Assistance  products  becomes  a
user of the Application by installing the Application on
their  smartphone  and  activating  it  with  the  activation
code  received  from  ORYX,  thereby  accepting  these
General  Terms  and  Conditions.  For  the  Application  to
activate and be put into operation, the user can open
their  account  where  they  will  store  their  vehicle  (or
vehicles) data and their relevant information, which are
entered  into  the  Application  when  activating  the
account.  The  data  is  divided  into  obligatory  and
additional information:

8.1. DATA REQUIRED FOR THE APPLICATION TO WORK

a) access code - the access code is required for

the user to confirm the right to use the service;

b) the phone number of the mobile phone where

the Application is installed - a telephone
number is required to be able to make contact
with the user in the event of an accident;

8.2. OPTIONAL DATA (upon request of the User)

a) name and family name - data is needed for the

person to be identified at the location if an
accident occurs;

b) blood type - information is needed for the

purpose of informing emergency staff in case
of an accident to carry out the rescue more
effectively;

c) e-mail address - sending driving information,

contacting Personal Angels etc.;

d) an additional telephone number - this

information is required if the user uses more
than one phone number and is unavailable on
a primary contact number;

e) vehicle brand, model, color and registration

number  -  information  is  required  in  order  to
promptly  and  accurately  identify  the  vehicle
where  the  user  was  at  the  time  of  the
accident;

f) additional e-mail address - an additional email

if the user uses more than one email address,
and the primary address is not available or is
not used;

g) the contact details of the person the User

wishes to be notified in the event of a possible
traffic accident - except for Emergency
Services, the Application supports the
functionality of contacting the contact person,
if that person is specified;

h) special remarks - allergies and chronic

disorders, regular medications (if taken by the
user), etc. - special remarks and information
on possible allergies, chronic disorders and
therapies are needed to inform emergency

GENERAL TERMS AND CONDITIONS

OF USE OF DRIVE ANGEL APPLICATION

service staff in case of an accident to carry out
the rescue more effectively.

For  the  Application  to  fulfill  its  function,  the  User  is
obliged to maintain and update the truthful, accurate,
valid  and  complete  data  from  paragraph  8  of  these
Terms  and  Conditions.  If  the  User  does  not  store  or
update  complete  and  truthful  data,  or  if  ORYX  has
reasonable grounds to suspect that this information is
incorrect, or complete, ORYX may suspend or cancel the
user account and refuse the use of service or any part
thereof.

10.

By activating the account and providing the information
in accordance with paragraphs 8 and 9, the User of the
Application gives consent to ORYX for further processing
of the data for the purpose of fulfilling the function and
further development of the Application and for the
purpose of fulfilling ORYX Assistance service.

TECHNICAL PREREQUISITES FOR MOBILE DEVICES
THAT SUPPORT THE APPLICATION

11.

To support to Application, a smartphone must meet the
following technical requirements regardless of the
operating system:
• Internet access;

• A built-in accelerometer (embedded in smartphones

to enable images and graphics to move from vertical
to horizontal);

• Built-in GPS receiver.

OPERATION OF DRIVE ANGEL SERVICE

12.

The application is a system that continuously processes
and  analyzes  the  data  collected  by  the  Application  to
read  the  status  of  the  user's  current  driving.  If  the
algorithm that drives the server application concludes
that the parameters that indicate a traffic accident have
been  acquired,  the  Application  immediately  activates
an automatic call to the ORYX call center that contains
key  relevant  information  (speed,  vehicle  position,
orientation, volume, etc.) which enables the call center
agents to assess the degree of authenticity of the alarm.

13.

In  the  service  delivery  process,  a  continuous  flow  of
data  between  the  server  and  the  User’s  smartphone
Application  is  established,  and  in  the  case  a  traffic
accident  is  indicated,  the  ORYX  call  center  initiates
voice  contact  with  the  user  in  accordance  with  the
defined protocol.

14.

When an Application detects a movement faster than
20 km/h, the data “pulse” is set up and data is sent at
defined time intervals, and the User can receive a visual
and sound warning and the message: “The Drive Angel
is with you and wishes you a pleasant journey”.

15.

After installing the Application on a smartphone, the
Application’s initial settings are tailored to automatically
detect User’s driving and start monitoring it. This
Application

mode

generates

higher

battery

consumption, so for the Application to work smoothly
and provide full functionality it must be connected to the
battery charger while driving.

16.

There are two modes of driving monitoring in the
settings:

a)  automatic
b)  manual
The  automatic  monitoring  uses  a  GPS  system  that
detects any movement of the vehicle.
Manual  tracking  works  so  that  the  User  themselves
initiates the monitoring in the Application.

17.

If the User does not want automatic detection, the
application settings can be set to manual detection of
driving. In that case, the User must start the Application
at each ride and set up the monitoring. If the User does
not start the monitoring and the Application does not
detect a possible traffic accident and does not inform
the ORYX contact center, ORYX is not responsible for the
consequences of such a situation.

18.

If  the  smartphone  is  completely  turned  off  due  to  an
empty  battery  or  for  some  other  reason,  when  the
smartphone  is  turned  on  again,  the  application  will
automatically launch itself.

19.

If  the  User  turns  off  the  Application  by  completely
disconnecting  it  from  the  active  application  list,  it  will
not  be  able  to  detect  the  drive  and  possible  traffic
accident  and  notify  the  ORYX  contact  center,  even
though auto-detection has been set in the settings. In
that case ORYX is not responsible for the consequences
of such a situation. If the User turns off the Application
in this way, the Application must be manually activated
for subsequent detection and monitoring.

20.

The Application automatically detects the end of the
monitoring. End of driving is detected if the vehicle is at
a standstill for 5 minutes after the last recorded motion
of more than 20 km/h, and the User can receive a visual
and sound warning and the message: “Drive Angel
ended with driving monitoring. Thank you for a pleasant
and safe ride.”

21.

If the Application concludes that the conditions indicate
a traffic accident, the call center agent receives a sound
and visual warning followed by a complete data packet
that concludes that there is a justified suspected traffic
accident. Within a dozen seconds, the agent can check
the consistency of the data and make a call to the User
to verify that it is a real accident that requires prompt
intervention. The following data packet after the
accident arrives when the call is being made. If the
following packet does not arrive at the call center, the
high probability of a traffic accident is verified.

22.

In case of automatic alarm activation, the User will hear
a  sound  warning  and  the  following  messages  will
appear on the screen:
•  WARNING! Drive Angel detected a possible accident

and informed ORYX Assistance. If you do not need
help, cancel the intervention;

• An emergency call to ORYX Assistance was

activated;

• If you do not need help, press the “Cancel Call For

Help” button.

23.

If no voice connection with the call center is established
within 120 seconds of the initial alarm, the display
shows the following messages:
• Accident data is sent to ORYX Assistance;

GENERAL TERMS AND CONDITIONS

OF USE OF DRIVE ANGEL APPLICATION

• ORYX Assistance is on the way to you;
• If you do not need help, press the “Cancel Call For

Help” button.

24.

If  the  user  does  not  respond  to  the  call,  and  the
following  data  packet confirms  the  consistency  of  the
previous data (or there is no other packet indicating that
the phone is destroyed in the accident), ORYX concludes
that there was a serious traffic accident and the agent
alarms  the  unique  EU  emergency  number  112  and
forwards the following data:
•  a precise location of the traffic accident;

• vehicle identity (brand, model, registration, color,

year);

• relevant medical information on the User referred to

in paragraph 8.2. of these terms and conditions, if
the  user  has  listed  them  in  the  Application  profile
(age,  blood  type,  chronic  diseases  like  high  blood
pressure,  diabetes  etc.),  regular  therapy,  and
anything  else  that  may  be  relevant  to  the  User’s
medical profile.

25.

If  the  User  is  conscious  and  responds  to  the call  and
confirms  the  traffic  accident,  the  agent  notifies  the
unique EU emergency number 112 in the same manner
as in the previous scenario referred to in paragraph 24.
However, if the User states that the accident does not
require intervention, the call center agent may cancel
the  intervention  (if  it  has  already  started).  If  the  User
confirms that this is a false/accidental alarm, the agent
stops the call, and the data packets that preceded the
alarm remain memorized for the purpose of subsequent
analysis.

DATA USE AND PRIVACY GUARANTEE RULES

26.

All  data  that  the  Application  collects,  uses,  and
processes  is  used  solely for  the  purpose  of  delivering
the  described  function  or  service,  and  statistical
processing  to  improve  the system.  ORYX  may  use  the
User’s contact information from paragraph 8.1. of these
General  Terms  and  Conditions  for  the  marketing
actions, the organization of prize competitions and the
Users’  satisfaction  survey  with  the  Application.  By
accepting  these  General  Terms  and  Conditions,  the
User  gives  consent  to  ORYX  to  publish  the  name  and
family name of the User who won the prize in the ORYX
prize competition or marketing action on their bulletin
or website.

27.

In the event of alarm activation, the call center agents
will be able to access User’s drive data collected during
the last 20 minutes before the alarm activation. In this
case,  the  call  center  agents  have  access  to  relevant
medical  data  from  the  user  account  (if  the  user  has
entered these data into the profile). All other data will
be available to the technical staff of DriveAngel Limited
47 Mark Lane, London EC3R 7QQ, United Kingdom, but
only for the purpose of statistical and technical analysis
with  the  aim  of  delivering  and  improving  the
functionality of the Application.

28.

In their user account, the User may specify certain
personal and medical information such as blood type,
allergy and other medically relevant data essential for
successful medical intervention in the event of a traffic
accident and the User, by entering and giving these data

in  the  application,  gives  the  consent  for  processing
them  for  the  purpose  of  more  successful  medical
assistance in the event of a traffic accident. The User is
fully  and  exclusively  responsible  for  the  accuracy  of
personal/medical  data.  ORYX  warrants  that  User’s
personal and medical information will only be available
to the ORYX call center agents.

29.

ORYX collects, processes and keeps personal and
identification information about users in accordance
with the law and these General Terms and Conditions.

TERMS OF LIMITATION OF LIABILITY FOR A PARTIAL OR

FULL UNSERVICEABILITY OF APPLICATION

30.

The application in combination with other passive safety
features in the car increases the overall personal safety
factor  in  traffic  and  is  as  such  defined.  Smartphone
application  is  a  security  “add-on”  for  faster  roadside
assistance  organization  rather  than  a  “solution”  to
protect  against  traffic  accidents.  In  this  respect  and
considering  the  other  limitations  of  the  Application
referred to in paragraphs 31 and 32 of these Terms and
Conditions, role and responsibility of ORYX is limited to
alerting  the  unique  EU  112  emergency  number  and
ORYX Assistance organization, if based on the obtained
parameters  and  Application  data  there  is  a  need  for
taking these actions.

31.

Like any other road safety improvement system, the
Application/system has inherent limitations, i.e. it is not
possible to guarantee that the system will always
function with hundred percent (100%) reliability and in
every situation.

32.

In addition to these general limitations relating to any
security system, the Application also has the following
specific limitations that arise from its technical concept
and  therefore,  under  some  circumstances  (beyond
control)  it  will  not  provide  its  full  functionality.  These
circumstances  include  (but  are  not  limited  to)  the
following known limitations:

32.1. LOCATION OF THE TRAFFIC ACCIDENT
The  application  uses  a  GPS  system  for  reading  an
accident  location.  If,  for  any  reason,  the  User’s
smartphone  cannot  receive  the  GPS  signal,  the
application will take the last read GPS location as the
reference  point for  the  intervention.  For  example,  if  a
traffic accident occurs inside a tunnel (if there is no GPS
signal), the last location will be recorded before entering
the tunnel.

32.2. AVAILABILITY AND QUALITY OF THE SIGNAL FOR

DATA TRAFFIC
Although the Application has very modest
requirements regarding quality of radio signal for data
traffic, no mobile operator can guarantee 100% signal
coverage across the state territory, and therefore, if a
traffic accident occurs at a location where there is no
signal, the last read location before signal loss is taken
as the reference point.

32.3. DATA TRAFFIC

The application requires a relatively modest amount of
data traffic. But regardless of the relatively small
requirements, a tariff model that includes a certain
amount of data traffic should be active. If User’s mobile

GENERAL TERMS AND CONDITIONS

OF USE OF DRIVE ANGEL APPLICATION

operator  cancels  data  traffic  for  any  reason,  the
Application  will  not  be  functional,  and  ORYX  is  not
responsible for the consequences of such a situation.

32.4. PLACEMENT OF MOBILE PHONE INSIDE THE CAR
For  the  Application  to  be  fully  functional,  the
smartphone must be fixed on a firm stand that allows
hands-free  talking  and  battery  charging.  For  the
smartphone to reliably assess the force of a possible hit
in  a  traffic  accident,  it  is  necessary  to  mechanically
connect it to the car. If the smartphone is in your pocket
or lying on the shelf or in a drawer, it will identify the hit,
but the impact strength reading will be imprecise. With
such imprecise  data, there is a significant increase  in
the  risk  that  accidents  will  not  be  registered,  or  false
alarms  will  be  generated,  and  ORYX  may  not  be
responsible for any failure to detect a traffic accident.
Mobile  phone  mounts  attached  to  windscreen  (with a
rubber  vacuum)  are  not  recommended  as  there  is  a
high  risk  of  damage  to  the  smartphone  in  case  of
breakage of glass and the risk it will stop sending the
traffic accident data. Recommendation is to use holders
mounted  to  the  armature  plate  at  the  height  of  the
steering  wheel or lower, or holders that will remain  in
place even in the case of the most severe accidents.

32.5. BATTERY
When  the  Application  is  on,  the  smartphone  must
continually process a particular data set and establish
a data connection, which is an additional burden on the
phone battery. If the battery is empty at the time of the
accident, the Application will not be able to  work, and
ORYX will not be held responsible for the consequences
of such a situation.

32.6.  LISTENING  TO  MUSIC  DURING  DRIVING  AND
NOISE IN THE VEHICLE
If the volume level of the vehicle is over 90 decibels, the
Application  may  warn  you  to  reduce  the  volume  for
safety reasons.
For the Application to “conclude” whether there was a
traffic  accident,  the  Application,  among  other  things,
analyzes  the  sound  image  inside  the  car.  For  the
Application  to  differentiate  between  a  typical  sound
image  inside  a  cockpit  where  music  plays  from  the
sound image of a collision, the music must not be over
90  decibels.  If  the  volume  is  not  reduced,  the
Application will continue to function normally, but its full
functionality will be limited in one parameter.

32.7. TALKING DURING DRIVING
When the Application is enabled, the User can call and
receive  calls  without  any  restrictions.  During  the  call,
the top of the screen will show a red ribbon that is just
a reminder that the Application is still doing its job in the
background.  While  the  Application  is  on,  any  other
mobile applications can also be used smoothly.

32.8. SPEED
Speed is among the data analyzed by the Application. If
you  exceed  the  speed  of  130  km/h,  “red  light”  may
appear  on  the  screen  in  addition  to  speed.  It's  just  a
warning  to  think  about  reducing  speed  for  your  own
safety in road traffic. This warning does not reduce the
application's functionality.

32.9. REST
When an Application detects a driving that lasts longer
than two hours, the Application may warn you to stop
driving to rest for a safe continuation of journey.

CONFIDENTIALITY OF INPUT DATA USED BY THE

APPLICATION

33.

For the Application and system to work, a specific data
set  (speed,  vehicle  position,  orientation,  volume,  etc.)
must  be  recorded  in  real  time.  In  the  event  of  an
accident,  only  the  DriveAngel  Limited  47  Mark  Lane,
London EC3R 7QQ, United Kingdom as the Application
functionalities  technical  provider,  the  ORYX  contact
center  agents  and,  where  appropriate,  Emergency
Services (police, firefighters, emergency medical help)
have  access  to  this  information.  No  one  under  any
circumstances will have access to the data of the last
20 minutes of driving.

34.

Application User can share their current location while
driving and other relevant information for the current
driving (trip, start and end of driving, etc.) via SMS, e-
mail, social networks.

35.

The User may specify in the Application the persons to
be contacted by ORYX in the event of a traffic accident
and such injury of the User due to which they are not
able to contact specific persons and inform them about
the occurrence of the event. Thereby, ORYX is entitled,
at its sole discretion, to contact the legal or natural
persons listed in the application on the provided contact
information.

36.

For the protection of the account and associated data,
users are advised not to disclose their user name and
password to a third party or to enable access to their
account.  If  the  user  independently,  knowingly  and
willingly  enables  third-party  access  to  the  account,
resulting in the discovery and dissemination of data that
may  be  considered  personal,  ORYX  is  not  responsible
for the disclosure of the data.

MECHANICAL AND ELECTRONIC INTEGRITY OF

SMARTPHONE

37.

For the Application to work reliably on a smartphone, it
is  extremely  important  for  that  smartphone  to  be  in
flawless condition. To keep the smartphone in function,
it  is  necessary  to  handle  it  as  instructed  by  the
manufacture  and  to  make  sure  that  no  mechanical,
thermal,  and  other  shocks  occur.  For  example,  if  the
smartphone  accidentally  falls  on  the  floor,  it  cannot
always be expected that there will not be consequences
for the mechanical and electronic integrity of the device.
In  most  of  these  cases,  the  smartphone  will  probably
remain  undamaged,  but  it  cannot  be  guaranteed.
Smartphone components required for the Application to
work are complex and relatively sensitive, and the User
is  fully  responsible  for  their  correctness  or  potential
damage.  If  the  Application  “concludes”  that  the
smartphone  is  too  often  exposed  to  unnecessary  or
intentional  shocks,  ORYX  has  the  irrevocable  right  to
disallow the service and disable the User Account. Only
one deliberate throwing of a smartphone to “check” the
sensitivity  of  the  Application  is  a  sufficient  reason  to
deny  the  service.  The  Application  is  sufficiently
“sensitive” to reliably distinguish the situation in which
the smartphone accidentally fell on the floor of the car

GENERAL TERMS AND CONDITIONS

OF USE OF DRIVE ANGEL APPLICATION

from the situation where the smartphone was
deliberately thrown to the floor or to some other firm
obstacle.

LIABILITY

38.

ORYX shall not be liable to the User or third parties for
any  material  and/or  non-material  damage  that  may
arise in the event of a traffic accident. The application
serves only as a noble tool, i.e. help system, or a faster
and simpler organization of assistance to User on the
road  in  the  event  of  a  traffic  accident  in  road  traffic,
provided  that  the  Application  detects  danger  and
possible  traffic  accident  successfully  and  in  time  and
with  the  condition  of  proper  use  and  fulfillment  of  all
conditions for the proper functioning of the Application
prescribed  by  these  Terms  and  Conditions  (technical
conditions, proper use of the phone, etc.).

SETTLEMENT OF DISPUTES

39.

In  the  event  of  a  dispute  that  arises  from  the
interpretation, application or execution of these General
Terms and Conditions, ZUBAK GROUP and the User will
attempt to settle the dispute by peaceful means, and if
contractual  parties  fail  to  settle  the  dispute,  the
competent  court  in  the  place  of  ZUBAK  GROUP
headquarters shall have the jurisdiction.

VALIDITY OF TERMS AND CONDITIONS

40.

These General Terms and Conditions shall enter into
force and are applied from February 28, 2019.

41.

These General Terms and Conditions apply until they
are amended or replaced by the new terms and
condition of use.

42.

ZUBAK GROUP reserves the right, at its sole discretion,
to modify or update these Terms and Conditions at any
time. These terms and conditions will be published on
web  pages  and  in  Application  with  the  date  of  last
update. Such changes will come into effect immediately
after their release. If you do not agree with the amended
terms  and  conditions,  stop  using  the  Application
immediately. Your continued use of the Application after
publication  of  the  changes  will  represent  your
acceptance of the changed Terms and Conditions.

February 28, 2019