Connected Caregiver™ Standard Terms
Updated January 2024
These Connected Caregiver Standard Terms constitute a legally binding agreement (the “Agreement”) between you (as defined below) and Verustat, Inc., doing business as Connected Caregiver (“Connected Caregiver,” “we”, “us”, “the company”) and specifically govern (i) any hardware we ship or sell to you (any such hardware is referred to herein as a “Device”), (ii) the use of the Connected Caregiver applications (collectively, the “App”) and www.myConnectedCaregiver.com, our website (the “Website”), and (iii) any related services we provide to you. The Device(s), App, Website and related services, including, but not limited to, Software (as defined below), data, subscription services, the use of de-identified and aggregated data for improving any of the foregoing, and other services provided by Connected Caregiver shall be collectively referred to herein as the “Services.” Services includes any of the foregoing that are provided by us without charging a fee as well any of the foregoing for which we charge a subscription or other fee.
References to “you” in this Agreement refer to each of the following, collectively or individually, as the context may require, and as applicable for each registered Connected Caregiver account: (i) the person who has signed up for the Services for the purpose of monitoring the health information of a loved one or other person under the care of the purchaser (referred to herein individually as the “Primary Caregiver”) and (ii) the person whose health information is monitored by the Services (the “Monitored Person”). Primary Caregiver may also include a business or other legal entity providing care to the Monitored Person (e.g., a home health agency or provider) and through which the Services have been purchased to assist in the provision of such care to such Monitored Person. In the case where the Primary Caregiver has signed up for the Services to monitor his or her own health information, references to Primary Caregiver and to Monitored Person herein will be understood to be to the same person.
The Primary Caregiver is responsible for ensuring that the Monitored Person has received and reviewed a copy of this Agreement, consented to be bound hereby, and specifically consented to being monitored by the Services as set forth in Section 2.9 below and to the collection and use of information about the Monitored Person, including without limitation their health information, as described herein. Notwithstanding the foregoing, Connected Caregiver may rely on a Monitored Person’s use of any part of the Services as evidence that such consent has been properly obtained by the Primary Caregiver.
The Services are not intended and not authorized for use to diagnose any medical condition or identify or, with the exception of Safety Devices (as defined in Section 2.17 below), alert anyone when medical care (urgent or otherwise) or other assistance is required. If you are experiencing a medical emergency, you should immediately contact emergency services (e.g., by dialing 9-1-1 in the United States). The Services are not designed to identify when a medical emergency has arisen and, with the exception of Safety Services, are not able to contact emergency services (9-1-1) on your behalf.
Each Device (other than the Safety Devices and Prompter Connected Pillbox) is a medical device regulated by the U.S. Food and Drug Administration. Please read all information that accompanies each Device. By using a Device, you assume the risks associated with using it.
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES.
1.1. BY USING THE SERVICES, CREATING AN ACCOUNT, DOWNLOADING SOFTWARE, THE APP OR A SOFTWARE UPDATE, AS APPLICABLE, YOU INDICATE YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1.2. You agree references herein to “App” include, and that the terms of this Agreement will apply to, any Connected Caregiver-branded app that may be pre-installed on your Device(s), unless such app is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that app.
2.1. We grant you a limited, nonexclusive, nontransferable license to access and use the Services, including, but not limited to, software (including Boot ROM code, embedded software and third-party software), documentation, interfaces, content, fonts, and any data that came with the Device(s) or other part of the Services (“Original Software”), as may be updated or replaced by feature enhancements, software updates or system restore software provided by Connected Caregiver (“Software Updates”), whether in read only memory, on any other media or in any other form (the Original Software together with any Software Updates are collectively referred to as the “Software”) pursuant to the terms of this Agreement. Except as otherwise agreed in writing between you and Connected Caregiver, you may only use the Services for your own personal use (which for the avoidance of doubt includes the Primary Caregiver, the Monitored Person and any End Users as outlined in Section 2.13 below).
2.2. The Services are proprietary to Connected Caregiver. You acquire no right to the Services or any information or data contained in or produced by the Services, except for the right to use such information and data solely for your own personal purposes, in accordance with this Agreement. This license does not grant you any rights to use Connected Caregiver proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, third party services, or third-party software applications, whether for use with the Services or otherwise. You may not sublicense, assign, or transfer your license to the Service or the data and output produced by the Services to any third party, but you may designate and authorize End Users to access the Services for the benefit of the Monitored Person subject to the terms of this Agreement and specifically Section 2.13 below.
2.3. For paid Services, this license shall terminate immediately upon termination of your subscription to the Services. For free-to-use Services, your license shall continue in effect for so long as you remain an active user of the Services (your account may be deemed inactive if you have not accessed the Services in the last six (6) months). Upon termination of your license pursuant to the foregoing, and all right and licenses granted under this Agreement shall revert to Connected Caregiver, provided you may retain any Device(s) you have purchased provided they are paid for in full.
2.4. Connected Caregiver, at its discretion, may make available future Software Updates for a Device or other part of the Services. The Software Updates, if any, may not necessarily include all existing software features or new features that Connected Caregiver releases for newer or other models of a Device or other versions of the Services. The terms of this License will govern any Software Updates provided by Connected Caregiver that replace and/or supplement the Original Software, unless such Software Update is accompanied by a separate license in which case the terms of that license will govern.
2.5. All waveform data and all information surrounding the alert data is confidential, a trade secret, and/or otherwise proprietary to Connected Caregiver. No license is provided to you to use or disclose this information to others except as is necessary for monitoring the Monitored Person’s health or facilitating medical treatment for the Monitored Person, and it is provided with similar restrictions.
2.6. Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to download Software Updates that may be made available by Connected Caregiver for your Device(s) to update or restore the software on your Device(s).
2.7. You may not, and you agree not to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Services or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the Services).
2.9. If you are the Primary Caregiver who has setup the Services to be used by or for the benefit of the Monitored Person, you warrant that you have provided a copy of this Agreement to the Monitored Person and obtained their consent (or the consent of such other person who has the legal authority to grant such consent on the Monitored Person’s behalf) to be monitored and have their health information collected by and/or entered into the Services and shared with you and any End Users you designate, as well as with Connected Caregiver to be used in accordance with the terms of this Agreement and in particular Section 6 below.
2.10. You agree to use the Services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Services. Features of the Services may not be available in all regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Bluetooth connection to a supported device (“Paired Device”) with Wi-Fi or cellular data connection is required for some features of the Services with certain Devices. Other Devices require a cellular data connection for some features of the Services. If the Monitored Person resides or is located in an area without a strong cellular signal, Services may be negatively affected.
2.11. You acknowledge that many features of the Services transmit data and could impact charges to your wireless or household data plan, and that you are responsible for any such charges. You can control which applications are permitted to use data and view an estimate of how much data such applications have consumed under Cellular Data Settings. For more information, please consult your User Guide for your cellular or internet Device.
2.12. You agree that you may not rely on the Services for any medical decisions, and that if you have any concerns about the Monitored Person’s health, you should consult a physician regardless of information provided or not provided by the Services. For example, Connected Caregiver’s Alerts provided by the Services, or the lack of a Connected Caregiver Alert, should not be relied on by you and you must seek medical attention for the Monitored Person as you would in the absence of the Services. If the Monitored Person has any medical condition that you believe could be affected by the Services, consult with a physician prior to using the Services.
2.13. End Users. Additional persons who are granted access to the Services by the Primary Caregiver or the Monitored Person to be able to monitor or review the health information of the Monitored Person are referred to herein as “End Users.” You will be deemed to have taken any action that you permit, assist or facilitate any End User to take. You are responsible for End Users’ use of the Services and any use or disclosure of information about the Monitored Person accessed by an End User through the Services. You will ensure that all End Users comply with your obligations under this Agreement. If you become aware of any violation of your obligations under this Agreement caused by an End User, you will immediately suspend the End User’s access. End Users may access customer support in order to assist them in setting up and using the Services.
2.14. You agree not to misuse the Services or help anyone else to do so. Any violation of this section may result in immediate suspension or termination of your Connected Caregiver account. Any attempt to do any of the following things, successful or otherwise, is a violation of this section: (a) probe, scan, test the vulnerability of, interfere with, or disrupt any system or network; (b) breach or otherwise circumvent any security or authentication measures; (c) access, tamper with, or gain unauthorized access to non-public areas or parts of the Services; (d) send unsolicited communications, promotions or advertisements, or spam; (e) send altered, deceptive, or false source-identifying information, including spoofing of phishing; (f) promote or advertise any products or services; (g) resell the Services unless specifically authorized to do so by Connected Caregiver in writing; (h) harass any person, violate the privacy of any person, infringe upon the rights of any person (including intellectual property rights), or use the Services in any way that is unethical or immoral; or (i) use the Services in any way that constitutes a violation of law or that would give rise to civil liability.
2.15. You may not rent, lease, lend, sell, redistribute, or sublicense the Services. Devices may not be compatible with other similar services (i.e., you may not be able to use a Device received from us with similar services provided by third parties). If you cease to subscribe to the Services, the Devices may no longer be usable.
2.16. You may share the information collected through the Services with a physician or other professional caregiver, but we do not warrant the information’s accuracy or completeness and any use of such information is at the physician or other caregiver’s discretion and your sole risk. Any medical advice provided (or not provided) by your physician or other caregiver, and any decision made (or not made) by or care or treatment provided (or not provided) to you (collectively, “Care Decisions”), whether or not in reliance on any information from the Services, is solely at your own risk. Connected Caregiver specifically disclaims any responsibility for any Care Decisions. The foregoing applies even in the case where the Services have been purchased through the physician or other caregiver.
2.17. Safety Monitoring Services and Devices. This section 2.17 applies solely to the Connected Caregiver Safety Monitoring service, a personal emergency response service provided by Connected Caregiver to subscribers (“Safety Services”) and the Devices supplied to you by Connected Caregiver to provide such Safety Services (“Safety Devices”). Except to the extent in conflict with any terms of this Section 2.17, all provisions in this Agreement applicable to Services and Devices apply equally to Safety Services and Safety Devices, respectively. To the extent of any such conflict, the terms of this Section 2.17 will control, but solely with respect to Safety Services and Safety Devices.
The Safety Services include the location tracking services and receipt, analysis and response to alarm signals initiated by you or others via the Safety Devices (or when the Safety Device detects a fall) for so long as you subscribe for such Safety Services.
Upon receipt of an alarm (whether user initiated or due a fall being detected), Connected Caregiver will make reasonable efforts to contact you via your Safety Device, and if deemed necessary in Connected Caregiver’s reasonable judgment, Connective Caregiver may contact other persons (e.g., loved ones or medical professionals) and entities (e.g., local police, fire, ambulance or other emergency services) you have specified (and in the order you have specified) at the time you subscribed for the Safety Services (collectively, “Responders”). You are solely responsible for ensuring that all Responder information (including name and contact details) is accurate and kept up-to-date. Note, if we receive an alarm and receive no response when we attempt to contact you via your Safety Device, and are unable to reach you or the Responders you have designated in your account profile, we may dispatch emergency services to your location (as reported by your Safety Device).
Connected Caregiver is expressly authorized to rely on any statements made by you or anyone sending an alert or communicating with us (or our monitoring service provider) via the Safety Device or via other means (e.g., via phone at your home or other location where your Safety Device is registered) as to your condition or location and specifically in connection with making a decision on which Responders to contact, if any, and without verifying such person’s identity or authority to speak on your behalf. Connected Caregiver may also disregard any alarm if you or any of the foregoing direct Connected Caregiver to do so (and may also in such case advise Responders to disregard any such alarm).
You agree that attempting to contact the designated Responders as set forth above (when determined necessary in Connected Caregiver’s reasonable judgment) is Connected Caregiver’s exclusive duty as far as responding to any alarm received from your Safety Device. Without limiting the foregoing, (a) Connected Caregiver is not responsible for the promptness, sufficiency, or adequacy of the action of any Responder or any third party acting for a Responder; (b) Connected Caregiver in no way represents or guarantees that Responders can be contacted, can or will respond, or that any response will be safe, timely, or effective; (c) the Responders designated by you, and the emergency services available in your area, are not agents or other representatives of Connected Caregiver; (d) Connected Caregiver will not send any of its personnel to your premises in response to any emergency signal; (e) you will be responsible for any fines imposed for any false alarms (including any such fines imposed on Connected Caregiver or its suppliers or licensors providing any part of the Safety Services); and (f) Connected Caregiver will not be responsible for any medical bills or other charges or liability for which you are billed by any Responder in connection with their response to an alarm (even if you conclude that we should not have contacted a Responder or that the Responder’s response was not needed or ineffective or not covered by insurance).
The Safety Services are not insurance. Connected Caregiver does not provide insurance and does not guaranty that no loss or injury will occur by having a Safety Device or using the Safety Services.
The Safety Device relies on mobile data networks to be able to deliver tracking information and alarms to Connected Caregiver. Connected Caregiver is not responsible if the Safety Device is unable to deliver tracking information or an alarm or if Connected Caregiver is unable to provide the Safety Services as a result of any disruption or fault in such mobile networks from any cause or if the Safety Device is used outside the geographic area where such mobile networks operate.
You are responsible for maintaining your Safety Device in good operating condition. Connected Caregiver is not responsible if your Safety Device is unable to detect a fall or send an alarm due to negligent care on your part.
You expressly authorize us to direct any Responder to force entry into your home or premises in response to an alarm. You acknowledge that this may result in damage to your home or such premises (and/or damage to property, or injury, up to and including death, to persons or pets, located therein). You agree that neither Connected Caregiver nor any such Responder will be responsible for any such damage or injury.
You may be required by your local governmental authority or agency to obtain a permit before you can lawfully receive the Safety Services. You will be responsible for obtaining any such permits and paying any associated fees as well as for any fines imposed as a result of any failure to obtain or maintain such permits. If we receive an excessive number of false alarms from your Safety Device, we may impose additional fees and/or cancel your subscription to the Safety Services.
The Federal Communications Commission and Federal Aviation Administration prohibit the use of the Safety Devices on commercial aircraft, including in checked baggage.
If your subscription for the Safety Services expires or is terminated, Connected Caregiver may disregard any alarm from your Safety Device (and may take steps to prevent the receipt of any further communications from your Safety Device).
2.18. Specific Service Terms. The following terms apply to the specific indicated services, the availability of which varies based on the specific Services for which you have signed up/subscribed.
2.18.1. Calendar. The calendaring function can be used to schedule appointments relevant to the care of the Monitored Person and assign tasks among the Monitored Person’s Primary Caregiver and other End Users (collectively, the Monitored Person’s “Care Circle”). By entering any information in the calendar function, you agree that all such information may be accessed and viewed by all authorized members in the Care Circle.
2.18.2. Motion Tracking/Geofencing. Motion tracking functions allow GPS-enabled or motion-sensitive Devices to report when the Monitored Person is in motion. Geofencing functions allow the Primary Caregiver and other authorized End Users to establish location-based alerts that can be triggered if the GPS data from the associated GPS-enabled Device indicates the Monitored Person has left an area designated (or geofenced) by the Primary Caregiver or other authorized End Users. You acknowledge that such features rely on the following, for which Connected Caregiver is not responsible: a cellular data connection (to receive and send signals to the GPS-enabled Device), the reliability and accuracy of the GPS data received by Connected Caregiver from the applicable Device, and the geofence parameters established by the Primary Caregiver or other authorized End Users.
2.18.3. Care Circle Chat. A chat function allows members of the Care Circle to communicate with one another (one-on-one or in group messages) regarding the care of the Monitored Person via functionality native to the App.
2.18.4. Care Circle. You are responsible for deciding who to admit to your Care Circle, and should keep in mind that such individuals will have access to information about the Monitored Person and may make changes to the Monitored Person’s care details that are retained in the system.
2.18.5. Document Management. Document management functions permit you to upload and share amongst members of the Care Circle documents relevant to the Monitored Person (for example, allergy information, ID cards, powers of attorney, etc.).
2.18.6. Medication Management. Medication management functions permit you to enter the details of the medications the Monitored Person is taking (both over-the-counter and prescription) along with refill dates and schedules for when the medications should be taken (both of which can be tied to alerts). You are responsible for ensuring that all medications, dosing information, and schedules are entered correctly. This function also may alert you to potential side effects and potential interactions between such medications. Such information is obtained by Connected Caregiver from a third-party’s database. Connected Caregiver does not own that database and therefore cannot guaranty that such information will be accurate or complete or that you will be alerted to all possible side effects or interactions. Reliance on such information is at your sole risk. As with any medications, you should consult with the Monitored Person’s physicians and pharmacists and ensure they are aware of all medications being taken by the Monitored Person (both over-the-counter and prescription) before taking any action on the basis of a possible drug interaction alert.
2.18.8. Prompter™ Connected Pillbox. The Prompter Connected Pillbox (“Pillbox”) is a Device designed to assist Monitored Persons with properly taking their daily medications. Pillbox works with the Services and allows the Primary Caregiver to define a schedule for each of the Monitored Person’s pill-form medications and assign that schedule to the Pillbox. Pillbox is a connected Device that is designed to detect when it has been picked up and when a pill drawer has been opened during a “pill take time”. In the event a “pill take time” expires with the Pillbox NOT detecting movement or the opening of a pill door, it will record the event as a “potential missed pill take” and alert the Primary Caregiver or other members of the Care Circle, as designated by the Primary Caregiver. Pillbox can also provide a visual and/or a push/text alert reminding the Monitored Person that it is time to take their medicine. Although Pillbox may alert the Primary Caregiver and other members of the Care Circle when a pill take time may have been missed, Pillbox is not designed to detect which particular pill drawer is opened (and so it cannot confirm whether the proper drawer has been opened in accordance with the assigned schedule) or that the proper medicine, even if removed, has been taken properly. It is also possible that a Monitored Person may obtain their scheduled medication from another source rather than the Pillbox (e.g., an extra supply still in a bottle). For these reasons Pillbox does not claim to provide medication adherence and cannot tell if the Monitored Person has or has not taken their scheduled medication. For this reason the Primary Caregiver and other members of the Care Circle should continue to directly monitor the Monitored Person’s medication intake and whenever alerted to a possible missed dose, it should not be assumed that the dose was in fact missed and should instead seek to confirm the situation with the Monitored Person before taking any action. Note, the Pillbox is designed to be easy to use by seniors. This includes easy to access pill doors that are not child proof. Because of this, the Pillbox should be kept in a location out of reach of children. Likewise, to ensure ease of use, the Pillbox is not designed to prevent the theft of medication. If you are concerned that individuals with access to your Monitored Person’s home may steal your Monitored Person’s medications, the Pillbox will need to be kept in a secure location.
3.1. This Section 3 applies specifically to the Devices and any other tangible goods sold or shipped by Connected Caregiver to you when you subscribe for Services (and references in this Section to “Devices” also include any such other tangible goods). “Devices” include devices you purchase from us for a fee as well as devices we provide to you free of charge as part of a Service or on a trial basis, but does not include any devices you procure from other sources (for example, “Devices” does not include your own mobile smartphone or smart watch to the extent you access any of our Apps on them). For the avoidance of doubt, Connected Caregiver does not warrant the interoperability of its Services with or functionality in general of any such smart devices not obtained through Connected Caregiver.
3.2. Devices will be shipped promptly after your order is received. Any delivery date we communicate to you at the time of order is an estimate only and not a guaranty. Title and risk of loss with respect to the Devices passes to you upon delivery to the delivery address you provided at the time of order. This means that if a Device is lost or damaged after you have received it, Connected Caregiver may charge your authorized form of payment a Lost/Non-Returned Device fee based on the type and number of Devices affected (applies in the case of Devices that you didn’t purchase from us).
3.3. You must inspect the Device(s) promptly upon receipt to ensure no damage has occurred during shipping and that you have received the Device(s) you ordered. You should also immediately activate and test the Device(s) to ensure they are functioning correctly. You may contact Connected Caregiver customer support if you have any difficulties activating your Device(s). You should immediately notify us if there is any damage or discrepancy in your shipment or if any Device(s) are not functioning properly. You will be deemed to have accepted the Device(s) if we have not received a report of damage or other issue within twenty (20) days of the date of delivery.
3.4 Manufacturer’s Exclusive Warranty for Third Party Devices. Some Devices we distribute are designed and manufactured by third parties (“Third Party Devices”). As of the date hereof, with the exception of the Pillbox, all Devices distributed by us are Third Party Devices. Connected Caregiver has no input in the design or manufacture of such Third Party Devices. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CONNECTED CAREGIVER SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DEFECT IN THE MANUFACTURE OR DESIGN OF ANY THIRD PARTY DEVICE. EXCEPT FOR ANY WARRANTY PROVIDED BY THE ORIGINAL MANUFACTURER, THIRD PARTY DEVICES ARE PROVIDED AS-IS WITHOUT ANY WARRANTY OF ANY KIND. THE DISCLAIMERS SET FORTH IN SECTION 10 BELOW ALSO APPLY.
3.5 Limited Warranty for Proprietary Devices. For any Device designed and manufactured by or on behalf of Connected Caregiver, which as of the date hereof includes only the Pillbox (each a “Proprietary Device”), Connected Caregiver warrants that such Proprietary Device will function substantially in accordance with the specifications for such Proprietary Device provided on the Website, with the Proprietary Device’s packaging, or otherwise disclosed to you at the time the Proprietary Device was ordered, for a period of one (1) year from the date of the Proprietary Device’s shipment. If your Proprietary Device ceases to operate in accordance with such specifications prior to the expiration of such 1-year warranty period, as your sole and exclusive remedy for such defect, you may return such Proprietary Device for a no-cost replacement in accordance with Section 3.6 below. Defects must be reported before the expiration of the 1-year warranty period to be eligible for a replacement. The foregoing warranty does not extend to damage that is the result of misuse or lack of reasonable care. THIS SECTION 3.5 SETS FORTH THE EXCLUSIVE WARRANTY AND REMEDY FOR DEFECTS WITH RESPECT TO PROPRIETARY DEVICES, AND EXCEPT AS SET FORTH IN THIS SECTION 3.5, PROPRIETARY DEVICES ARE PROVIDED AS-IS WITHOUT ANY WARRANTY OF ANY KIND. THE DISCLAIMERS SET FORTH IN SECTION 10 BELOW ALSO APPLY.
3.6. Warranty Replacements and Returns. If a Device ceases to function in accordance with the applicable warranty (i.e., the original manufacturer’s warranty in the case of Third Party Devices or the warranty set forth in Section 3.5 above for Proprietary Devices) during the applicable warranty period (i.e., for the duration specified in any original manufacturer’s warranty for Third Party Devices or one (1) year for Proprietary Devices), and assuming we are not able to address the issue remotely (e.g., over the phone or via email or web support), and assuming you have not taken any action that would void the applicable warranty, you may request a no-cost warranty replacement. Warranty claims may be submitted via the Website or by contacting customer service. Upon receipt of a request and subject to verification of warranty coverage, we will promptly ship a replacement Device to you. Along with the replacement Device, you will be provided a return shipping label to ship the defective Device back to us at our cost once the replacement Device has been received. You must promptly return the defective Device to us using the return shipping label and the packaging your replacement Device arrives in (care should be taken when opening the replacement Device package upon delivery to ensure the packaging can be reused). If we do not receive the defective Device back within thirty (30) days of delivery of the replacement Device, or if we determine that the Device we receive back was damaged due to misuse or lack of reasonable care, you may be charged a Lost/No Return Fee on your authorized form of payment. No cost replacement Devices are available only for so long as you are continuously subscribed to receive the related Services and only if the warranty replacement request is received by us prior to the expiration of the applicable warranty period. Note, receipt of a replacement Device does not extend the warranty period. The warranty period will continue to expire upon the original expiration date for the original Device.
3.7. SOFTWARE EXCLUDED. THE FOREGOING WARRANTY TERMS DO NOT APPLY TO SOFTWARE. ANY SOFTWARE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE DISCLAIMERS SET FORTH IN SECTION 10 BELOW ALSO APPLY.
- User Accounts and Subscription and Payment Terms.
4.1. Any person accessing the Services must register for a Connected Caregiver user account. Each user account must be associated with a valid email address and a primary account established by the applicable Primary Caregiver. Each account group (including the Primary Caregiver’s account and all related accounts) will have access to the data of Monitored Person(s) specified by the Primary Caregiver. A single account can be setup to monitor more than one Monitored Person (for example, a mother and father) subject to payment of any applicable fees.
4.2. Subscription-based Services are provided for an initial term specified when you subscribe for such Services, meaning your subscription will continue in force, and the Primary Caregiver’s designated form of payment will be automatically charged, in accordance with the payment terms disclosed to the Primary Caregiver at the time he or she registered the primary account and subscribed for such Services. If no initial term is specified, a minimum initial term of six (6) months will apply. At the conclusion of the initial subscription term, the subscription will continue in force (and the Primary Caregiver’s designate form of payment will continue to be automatically charged) on a month-to-month basis until the Primary Caregiver cancels the subscription in accordance with Section 4.3 below. The Primary Caregiver must keep a valid form of payment on file with us for the duration of the subscription and agrees to pay all subscription fees in a timely manner in accordance with such payment terms. Failure to pay any amount when due may result in the immediate suspension of the Services.
4.3. A subscription may be cancelled by the Primary Caregiver at any time by contacting Connected Caregiver customer support. Cancellation will be effective upon the expiration of the period through which you have paid for the Services. For example, if you attempt to cancel during the initial term for which you’ve already paid, your subscription will continue until the end of the initial term. Subscription fees, once paid, are not refundable.
4.4. If you were provided any Devices as a part of a subscription Service without a separate charge or obligation to purchase such Devices, we may request that you return such Devices if you cancel your subscription prior to the expiration of the initial term (see 4.2 above). If you fail to return any such Devices within two (2) weeks of termination of your subscription prior to expiration of the initial term, your approved form of payment may be charged a Lost/No Return Fee based on the type and number of Devices not returned. The foregoing does not apply for Devices you purchased and have paid in full for.
4.5. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
4.6. You agree to take all reasonable efforts to prevent the unauthorized use or disclosure of your user ID and password to protect the Services from improper access. Your user ID and password are personal to you only. You are responsible for anyone to whom you provide access to your user ID and password. If you believe your user ID or password have been compromised, notify us as soon as possible. If you fail to do so, we are not responsible for any damages you sustain as a result of any unauthorized access to the Services. Further you may be responsible for damages we sustain as a result of unauthorized access to the Services.
4.7. Trial Periods. Certain Devices and subscriptions may be offered on a 30-day risk-free trial basis. In such case, your subscription is cancellable by you at any time, and without penalty, provided notice of cancellation is received by Connected Caregiver prior to expiration of such 30-day trial period. You may cancel your subscription via the Website or by calling our customer service. If you opt not to cancel prior to expiration of the trial period, your subscription will automatically renew for the initial term specified when you signed up for the trial (or if no period was specified, an initial term of six (6) months will apply), and your approved form of payment will be charged any applicable subscription fees for that initial term. If you timely cancel prior to the expiration of such trial period, you will receive a refund for any subscription fees paid for Services during the trial period. For Devices you purchased under the trial, you will have the option of returning it for a refund as set forth below or retaining the Device (though it may not function without the corresponding Service subscription – Devices are not warranted for interoperability with third party services). For any Devices provided free of charge, you must return the Device to avoid a Lost/No Return Fee being charged to your approved form of payment. To be eligible for a refund and/or avoid any Lost/No Return Fees that apply, Devices must be returned in good condition (normal wear and tear excepted) and must be received within two (2) weeks of cancellation of the trial.
- User Support & Communication; Advertising.
5.1. By registering for a user account, you agree that Connected Caregiver’s staff may contact you to assist you with the Services and to obtain updates on the Monitored Person’s health status and your feedback on the Services. You agree that Connected Caregiver may contact you (using the information you provided at registration) via email, push notification in the app, telephone, cell phone, and SMS/text messages.
5.2. You acknowledge that we can show you advertisements for other products and services via the Services. This includes products and services offered by us and products and services offered by our affiliates and other third party businesses and organizations that compensate us to promote their products and services. We may use your personal data, such as information about your location, demographic information, medications taken, and medical conditions, to show you advertisements that we believe will be more relevant to you. Note, when we do this, we do so without telling advertisers who you are. We instead allow promotional partners to tell us things like their business goal and the kind of audience to develop a profile for people likely to be interested in or benefit from their products and services. We then show their advertisements to our users who match that profile.
- Assignment of Rights to Feedback. All data or comments submitted or otherwise given by you regarding the evaluation of, critique of, or suggestions for improvement of the Services (collectively “Feedback”) shall be owned by Connected Caregiver and you hereby assign to Connected Caregiver all of your right, title and interest in and to such data and all Feedback. Additionally, you acknowledge and agree that Connected Caregiver may prepare, use, sell and distribute aggregated de-identified information collected and stored in or as part of the Services.
- Third Party Materials.
8.1. The Services may enable access to third-party services and web sites. Use of third-party services requires Internet access. Use of certain third-party services may require an account and may require you to accept additional terms and may be subject to additional fees. By using such third-party services, you agree to the applicable terms of service for such services.
8.2. Connected Caregiver does not guarantee the availability, accuracy, completeness, reliability, or timeliness of data transmitted or displayed by any Services or third-party services.
8.3. To the extent that you upload any content through the use of the Services or third-party services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service. You agree that the Services or third-party services contain proprietary content, information and material that is owned by Connected Caregiver, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or third-party services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Connected Caregiver. No portion of the Services or third-party services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or third-party services, in any manner, and you shall not exploit the Services or third-party services in any unauthorized way whatsoever, including but not limited to, using the Services or third-party services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Service or third-party services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Connected Caregiver is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services or third-party services.
- Termination. This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically or otherwise cease to be effective without notice from Connected Caregiver if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Services. You also acknowledge that any Devices you may have received or purchased may cease to function or have limited functionality without an active subscription to the Services and that notwithstanding any such limitations you will not be entitled to a refund for the Devices. Accrued payment obligations, together with the terms and conditions of sections 6 through 21 of this Agreement shall survive any such termination.
- Disclaimer of Warranties.
10.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
10.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CONNECTED CAREGIVER AND CONNECTED CAREGIVER’S LICENSORS (COLLECTIVELY REFERRED TO AS “CONNECTED CAREGIVER” FOR THE PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
10.3. CONNECTED CAREGIVER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, CONNECTED CAREGIVER IN GENERAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE OR APPLICATIONS.
10.4. YOU FURTHER ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS.
10.5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CONNECTED CAREGIVER OR A CONNECTED CAREGIVER AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
10.6. THIS DISCLAIMER OF WARRANTIES MAY NOT BE ALLOWED IN CERTAIN JURISDICTIONS, SO THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CONNECTED CAREGIVER, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE ALL OR ANY PARTY OF THE SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE FOREGOING, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Connected Caregiver’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (US$250.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
- Indemnification. You hereby agree to defend, indemnify and hold harmless Connected Caregiver and its directors, employees, owners, suppliers, licensors, successors and assigns (collectively the “Indemnified Parties”) from and against any and all losses, damages or expenses of whatever form or nature, including actual attorneys’ fees and other costs of legal defense, whether direct or indirect, which they, or any Indemnified Party may sustain or incur as a result of your act or omission including, but not limited to, (i) your or any End User’s use and access of the Services, by you or any person using your account and password; (ii) a breach of this Agreement or violation of applicable law by you or any End User, (iii) any content or data posted on the Service, (iii) any claim by the Monitored Person that they have not consented to be monitored as set forth in this Agreement; (iv) a dispute between or among any combination of the following: the Primary Caregiver, the Monitored Person, and/or any End User(s); or (v) any claim asserting that Connected Caregiver and/or any other Indemnified Party should be legally responsible for any loss or damage to property or for any injury (up to and including death) suffered by any person or animal in each case where Connected Caregiver has disclaimed responsibility hereunder for any such loss, damage or injury (a “Covered Claim”). On behalf of yourself and any other person claiming through you or suing in your name, including without limitation any relative, heir, successor or assign and any insurer of you or your property, you hereby release Connected Caregiver and each Indemnified Party from any responsibility for any Covered Claim.
- Controlling Law. This Agreement will be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles.
- Severability. If for any reason a court of competent jurisdiction finds any provision, or portion of this Agreement to be unenforceable, such provision shall be enforceable to the maximum extent permitted under applicable law, and the remainder of this Agreement shall continue in full force and effect notwithstanding such unenforceable provision.
- Complete Agreement; Governing Language. This Agreement constitutes the entire agreement between you and Connected Caregiver and supersedes all prior or contemporaneous understandings. No amendment to or modification of this Agreement will be binding unless in writing and signed by Connected Caregiver. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction.
- Force Majeure. In no event shall Connected Caregiver be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss, or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.
- Independent Contractors. Non-Exclusive Rights.This Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship between Connected Caregiver and any person. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
- Disputes. Any disputes, controversy, or claim arising out of or relating to this Agreement or a party’s performance or breach thereof, including regarding the scope of this Section, shall be submitted to binding arbitration before the American Arbitration Association pursuant to its Commercial Arbitration Rules then in effect, with the final hearing to be held in Nashville, Tennessee, except that you may assert claims in small claims court in Nashville, Tennessee if your claims qualify. Each party shall bear its own cost and expenses in connection with any such dispute or assertion of any such claim. The costs of the arbitrator will be shared equally. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE AND YOU WAIVE ANY RIGHT TO A JURY TRIAL AND WE BOTH AGREE THAT THE EXCLUSIVE JURISDICTION FOR ANY SUCH COURT PROCEEDING WILL BE THE STATE OR FEDERAL COURTS LOCATED IN DAVIDSON COUNTY (NASHVILLE), TENNESSEE. Notwithstanding the foregoing, you agree that we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights. No claim may be brought against Connected Caregiver more than one (1) year after the incident giving rise to such claim occurred.
- No Third-Party Beneficiaries. Except as set forth in Section 12 and as specified below, this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement. Connected Caregiver may contract with third parties to provide some or all of the Services. You may be contacted by agents of such third party in connection with the Services. The conditions, disclaimers, limitations, and other provisions of this Agreement apply for the benefit of such third party to the same extent as if Connected Caregiver was providing the Services directly. Further, nothing in this Agreement will be deemed to create any contract between you or the Monitored Person or any End User and any supplier or licensor of Connected Caregiver, or give rise to any contractual or other obligation owing from any such supplier or licensor directly to you, the Monitored Person, or any End User.
- No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
21.1. To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the Website; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the Website will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
21.2. To Us. To give us notice under this Agreement, you must contact Connected Caregiver by facsimile transmission to facsimile number 615-807-3779 or personal delivery, overnight courier or registered or certified mail to 1569 Mallory Lane, Building 200, Brentwood, TN 37027. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.