1. These General Terms and Conditions of Use of the
“DriveAngel” application govern relations between the
company ZUBAK GROUP Ltd. on the one hand, and the
users of the DriveAngel application (hereinafter the
Application) on the other hand.
2. 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):
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 DriveAngel application;
2.4. Application is the application “DriveAngel”, i.e.
alarm service system in the event of a traffic accident;
2.5. Traffic Accidentis 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
2.7. “General Terms and Conditions means these
General terms and any subsequent amendments
2.8. Territory means the territory of the Republic of
Croatia or Bosnia and Herzegovina or Slovenia
(depending on territory where the application was
3. 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
4. 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.
5. 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).
6. 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.
7. 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
8. 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:
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
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
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
service staff in case of an accident to carry out
the rescue more effectively.
9. 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
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.
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.
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 DriveAngel
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
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: “DriveAngel
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! DriveAngel detected a possible accident
and informed ORYX Assistance. If you do not need
help, cancel the intervention;
An emergency call to ORYX Assistance was
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;
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,
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
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.
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:
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.
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.
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
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.
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.
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.
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.
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.
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
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.
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
from the situation where the smartphone was
deliberately thrown to the floor or to some other firm
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.).
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.
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