Terms of Use for Anio Smartwatch and Anio Watch App

1. Subject Matter of the Terms of Use

These Terms of Use apply to the use of the mobile application “Anio Watch” (hereinafter referred to as the “Anio App” or the “App”) in its current version 3.2.0, as well as future versions, by the user of the application (hereinafter referred to as the “User”).

The subject of the contract is the free provision of the Anio App for download in the App Store/Google Play, as well as the granting of the usage rights described in more detail in Section 6. The App enables the use of the functions of the Anio Smartwatch generations 1-6, as well as the Emporia Watch W06 (collectively referred to as the “Smartwatch” or “Watch” ), in particular the communication and tracking functions. A detailed description of the App’s features and functions can be found in Section 4 of these Terms of Use.

The App is operated by Anio GmbH, Ludwig-Sütterlin-Str.3, 28355 Bremen (hereinafter referred to as “ANIO”).  

For the ordering of the Anio Smartwatch itself, our General Terms and Conditions apply exclusively. For the purchase of the Emporia Watch W06, exclusively the General Terms and Conditions or the Agreement with emporia Telecom GmbH & Co. KG, Industriezeile 36, 4020 Linz, Austria apply. These Terms of Use also include the Privacy Policy for the use of the Anio App in its respective valid version, including the description therein of the type, scope, and purpose of the collection and use of your personal data. You can also access the Privacy Policy via the “Privacy” section in the App.

These Terms also apply if access to our App takes place from outside the Federal Republic of Germany.

2. Requirements for Use

By registering and using the App and the digital content provided therein, you agree to the provisions of this Agreement. If you do not accept the terms of this Agreement or do not agree to the processing of your personal data as described in the Privacy Policy, the Anio App and the content made available here cannot be used.

The App requires the use of an original Anio Smartwatch from generations 1 to 6 or an Emporia Watch W06. These are Watches developed by Anio, which enable location tracking as well as direct telephone communication via the SIM card. With the help of the watch’s GPS data (GPS, GSM, AGPS & LBS), triangulation from mobile phone masts, and available Wi-Fi networks, location and movement data (hereinafter also referred to as “geo-location data”) are collected and transmitted to Anio via a mobile data connection. Further technical details on how the watch works can be found on our homepage www.anio.eu and in the watch’s user manual as well as for the Emporia Watch W06 on the emporia GmbH website at https://www.emporiamobile.com.

3. Provision of the Technical Environment

Use of the Anio App requires the use of a mobile device that meets certain minimum system requirements stated in the App description. Smooth operation of the App can only be ensured when using a suitable device. The App is generally compatible with hardware and software that are common and expected for such digital products.

The functions of the Anio App are only fully accessible with an active SIM card from a telecommunications provider with an active mobile data allowance. This must be inserted into the watch. The device on which the App is installed must also meet these requirements. The content and scope of the data and mobile network options are governed exclusively by the terms agreed with the telecommunications provider. Depending on the respective mobile phone tariff and especially when operating abroad, receiving data packets may incur additional costs (e.g., roaming fees). Details on this can be found in the product description and the respective provider’s contractual terms.

Smooth operation of the App’s functions, in particular the communication and tracking functions, can only be ensured if the technical environment described above is provided. It is the User’s responsibility to provide this.

The App and all associated functionalities are accessible exclusively via the App Store of Apple Inc., 1 Apple Park Way Cupertino, California, 95014-0642 USA (hereinafter “Apple”) or Google Play by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter “Google”). In this regard, we refer to the Terms of Use of the App Store and Google Play.

4. Registration

To use the App’s functionalities, you must register the Smartwatch in the Anio App. To do this, scan the registration code displayed on the watch to be registered.

Upon activation of the code, you will be redirected to a registration page. There, you will be asked to enter the wearer’s first name, the Watch’s phone number, your mobile phone number, your email address, and a secure password. After confirming the entry, you will receive an email with a confirmation code. By clicking the link, your account will be activated, and the App’s functions can be set up and used. The entered phone number will simultaneously be saved as SOS Number 1 on the registered watch.

The entered email address and password also serve as login credentials for all persons who manage the App and the geo-location data available through it. If several different watches are registered on the same device, this is possible via the same App by scanning the respective registration code. If you have forgotten the registration password, we will send you a new password via the entered email address.

5. Product Description and Functionalities

Once the App is installed and the technical environment is ensured, the App enables the following functionalities:  

a. Communication

Through the App, you can communicate with the wearer of the watch via telephone or text message.

Telephone: Within the App, you can save various phone numbers. The number of savable contacts is limited to a total of 10. For the Anio 6 and the Emporia Watch W06, this is 20 entries. Other than the saved phone numbers, neither the watch can be contacted nor can it receive calls or messages. On the generation 4-6 watches and the Emporia Watch, a dial pad can be enabled/disabled, allowing the wearer to dial any phone number.

Messages: Through the App, you can send voice messages and text messages to the generation 1-6 watch, and additionally emojis with generations 5 and 6. The generation 1-4 watches can send voice messages to the App. The generation 5 and 6 watches can send voice messages and emojis to the App. The Emporia Watch W06 does not have a chat function. A telephone connection is only possible with phone numbers saved in the watch. Calls from unknown or withheld phone numbers are blocked.

b. Location Tracking and Battery Life

Through the App, you can directly access the watch’s location. This is displayed on a map. It also shows the watch’s battery level and GPS connection quality.

By activating the location tracking mode, you can track the watch’s geo-locations. The location tracking intervals can be set differently (e.g., 5 min, 15 min, 60 min, etc.). The watch then sends updated locations at each respective interval. The location intervals can be adjusted or disabled depending on the time of day. Through the App, you can view a movement profile with all geo-locations within a specific period.

Several watches can be registered in one App. You can display the location and movement profile of the watches simultaneously. You can also activate your own location. This will then also be displayed on the watch and in the App.

The display of the location may depend on the strength of the GPS signal as well as the availability of mobile data or Wi-Fi, and may therefore be limited. More on this in Section 5 of these Terms of Use.

c. Geo-Fence

Geo-fences can be set up via the App. This is a circular zone around a point of your choosing. If the watch enters or leaves this zone, this will be detected and forwarded to you depending on the set location tracking interval.

d. Notifications

The watch sends automatic notifications to the App in the following cases:

• Low battery
• Entering and leaving a “Geo-Fence”.
• SOS alarm

When a notification is sent, it is displayed on the mobile device as a push notification.

e. Quiet Times and Switching Off

You can set quiet times for all children’s models. During this time, the watch is not accessible via telephone or message. Only the home screen with the time will be displayed on the watch. The SOS function is not disabled. It remains usable at any time while the watch has battery power.

Switching off the watch is only possible via the App for all children’s models. There is no corresponding option on the watch itself. After switching off the watch or when the battery is empty, the watch’s functions are no longer usable, including the SOS function. It is the User’s responsibility to charge the battery in time to maintain the watch’s functionalities.

f. SOS Function

The following functions can be activated and triggered from the watch at any time, even in quiet mode:

• Ringing an emergency contact. For this, the saved contacts must be marked as emergency contacts. If the function is activated, the first emergency contact will be called. If this person cannot be reached, the next emergency contacts will be dialed automatically. Phone numbers not marked as emergency contacts cannot be reached via the SOS function. If the watch reaches a voicemail or another automatic message, the call will be considered successful by the watch, and the emergency call chain will be terminated!
• Requesting a location (also via SMS command)
• Requesting the configuration of the ANIO watch (via SMS command)
• Restarting the ANIO watch (via SMS command)
• Resetting the ANIO watch (via SMS command)
• Switching off the ANIO watch. (also via SMS command)

The SOS function is activated by pressing and holding the SOS button on the side of the watch. The SOS function also depends on a mobile data connection and the GPS signal and can only be used if the technical environment is ensured.

g. Other Functions

The “Step Counter” function records the number of steps taken by the wearer of the watch. For the Anio 5 and Anio 6 models, as well as the Emporia Watch E06, you can set a step goal via the App. Upon reaching the set daily goal, the User will be shown an audiovisual reward on the watch.

Available Languages

The App is available in German, Danish, English, Finnish, French, Italian, Dutch, Norwegian (Bokmål), Portuguese, Russian, Swedish, Spanish, and Turkish.

6. Availability

Anio will take all reasonable measures within the scope of technical possibilities to ensure the continuous availability of the App as well as location and position tracking, and to remedy any disruptions as quickly as possible. In particular due to force majeure (e.g., severe weather) or due to necessary maintenance, repair, or other measures on Anio’s technical facilities or on the technical facilities of third parties that provide data, content, information, or transmission capacity for Anio, unavoidable temporary disruptions or a reduction in performance (speed) may nevertheless occur.

The mobile data connection and its performance (speed) also depend on factors outside Anio’s control and sphere of influence. These include, in particular, sufficient mobile network reception at the location of the Anio watch, interference with, impairment of, or interruption of mobile network reception by tunnels, garages, underpasses, or other interference (e.g., weather conditions such as thunderstorms, interference devices, buildings, bridges, or mountains, intensive mobile network usage in the relevant cell, etc.), or general disruptions of third-party telecommunications systems used by Anio within the scope of these Terms of Use.

The statutory provisions on digital products remain unaffected.

7. Usage Rights

Unless otherwise provided, Anio grants the User a simple, non-exclusive, unlimited, non-transferable, and non-sublicensable right to use the App upon activation. This also includes the right to use the content and information accessed via the App.

The usage right includes downloading and installing the App as well as using it for its intended purpose.

Copyright notices, serial numbers, and other identifying features of the products may not be removed or altered. Unless expressly agreed otherwise, modification, processing, public reproduction, distribution to third parties, in particular by making available for download, and any copying not covered by intended use are not permitted.

The usage right extends to the mobile devices linked to the respective account. Sections 69a et seq. of the German Copyright Act apply without restriction.

8. User Obligations

All data provided during registration must be accurate and complete. The login credentials must be kept confidential and may not be disclosed to unauthorized third parties.

The User of the App must obtain the consent of the person whose location and movement data are to be analyzed. The obligation to respect personality rights and to comply with the law rests exclusively with the User of the App. If certain consents for data processing are not granted, not all functions of the watch may be usable in case of doubt.

9. Statutory Warranty

The statutory warranty applies.

10. Exclusion of Liability

Claims for damages are excluded unless otherwise provided below. For claims based on damages caused by us, our legal representatives, or our vicarious agents, we shall always be liable without limitation:

• in the event of injury to life, body, or health
• in the event of intentional or grossly negligent breach of duty
• in the event of warranty promises, insofar as agreed, or
• to the extent that the scope of the Product Liability Act provides.

In the event of a breach of essential contractual obligations, the fulfillment of which is necessary for the proper performance of the contract and on compliance with which the contracting party may regularly rely (cardinal obligations), through slight negligence on our part, on the part of our legal representatives or persons assisting us in the performance of the contract, our liability shall be limited to the damage foreseeable at the time of conclusion of the contract, which must typically be expected to occur.

11. Reservation of Amendments

In the case of continuous provision, we may make changes to the digital product that go beyond what is necessary to maintain contractual compliance if

• there is a compelling reason for doing so,
• the changes do not incur any costs for you and
• we inform you clearly and understandably about the changes.

Compelling reasons in this sense include cases where changes are necessary to adapt the digital product to a technical environment, or where they are necessary for other important operational reasons.

12. Contract Language, Storage of Contract Text

The contract language is .

You can view the general and usage terms before downloading the app in the App Store or Google Play and, if necessary, save them on a permanent data carrier.

13. Final Provisions

The law of the Federal Republic of Germany shall apply to legal relationships between Anio and you, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which you as a consumer have your habitual residence, remain unaffected.

The European Commission provides an online dispute resolution (ODR) platform, which you can find here https://ec.europa.eu/consumers/odr/. We are willing to participate in an out-of-court conciliation procedure before a consumer conciliation body. The General Conciliation Body of the Federal Government at Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de, is responsible.

If the customer is a trader, a public law entity, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Anio shall be Anio's registered office.

The terms of use shall remain binding in their other parts even if individual points are legally invalid. In place of the invalid points, statutory provisions shall apply, to the extent they exist. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be void in its entirety.

Legal text last updated on 12.10.2023