GENERAL TERMS AND CONDITIONS
OF USE OF DRIVEANGEL 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