You agree to lease the Safe In Home System and Subscribe to the services offered by Safe In Home.
a. “Account Administrator” shall mean the person who has been designated to manage the Safe in Home System obtained from Safe in Home.
b. “Activity Data” shall mean the data which represent motion, door status, or other indications of activity or status within the Senior’s home.
c. “Safe in Home” shall mean Alchera Incorporated d/b/a Safe in Home.
d. “Safe in Home App” shall mean the smartphone app through which a User can access the Activity Data of a given Senior, regardless of the platform or operating system.
e. “Safe in Home Dashboard” shall mean the password-protected interface through which a User can access the Activity Data of a given Senior.
f. “Safe in Home Software” shall mean the Safe in Home App, the Safe in Home Dashboard and all back end software that assists in obtaining, delivering and retaining the Activity Data or other information.
g. “Services” shall mean the software, website, smart phone apps, access to customer service and technical support and all communications with the company related to the Safe in Home System.
h. “Senior” shall mean the individual in whose home the Safe In Home System will be installed. This agreement assumes – but does not require – that the senior live alone. Any description of the senior, however, applies regardless of their living arrangements. Senior shall mean, where the context requires, the Senior associated with your account.
i. “Subscription” shall mean the payments made by the customer to maintain access to the Services.
j. “System Components” shall mean the physical components of the Safe In Home System include the CommHub, motion sensors, door sensor, temperature sensor and any optional equipment in the numbers you have selected. For purposes of this Agreement, the System Components include the equipment you have leased or any replacements for that equipment.
k. “User” shall mean any person who has downloaded the Safe in Home application or accessed the Safe in Home Dashboard.
2. CONSENT OF SENIOR.
By entering into this Agreement, you represent that you have obtained the consent of the senior to install and operate the Safe In Home System in their home.
3. THIRD PARTY BENEFICIARIES.
You understand and agree that our duties and obligations to provide the Safe in Home System arise solely out of this Agreement. If anyone other than you is the User of the Safe in Home System associated with the Senior, such User is a third party beneficiary to this Agreement and is bound by all of the terms herein, including, without limitation, our disclaimer of warranties and limitation of liability.
4. PROVISION AND INSTALLATION OF THE SYSTEM COMPONENTS.
We will ship you the System Components selected and leased by you and you are responsible for installing and activating the Safe In Home System in accordance with the instructions included. You are encouraged to call Safe in Home at 1-855-Is Mom OK (1-855-476-6665) if you need assistance in installing the system.
5. PROVISION OF THE SERVICES.
a. The Services are provided on a commercially reasonable basis so long as your Subscription to Safe in Home is in effect. Safe in Home does not itself provide any direct monitoring of the Senior. Safe in Home itself does not monitor the Safe in Home System or the Activity Data of a Senior.
b. You have the option to set up custom alerts to provide telephone and/or SMS alerts regarding certain events inside the Senior’s home.
c. The Services will be provided, including the contact information and priority of calls generated by the Safe in Home System to connect the Senior to the User, based on the information you enter or you provide to Safe in Home. This information is available through the Safe in Home Dashboard and it is your responsibility to check and maintain the accuracy of this information. Any alarms or user-defined alerts are based on the information you enter or you provide to Safe in Home. The configuration of these alarms and alerts may be viewed through the Safe in Home Dashboard and it is your responsibility to check and maintain the accuracy of this information.
d. Safe in Home will not provide any services or process any User Data until we have received a copy of this Agreement electronically signed and/or acknowledged by you. Further, through the optional use of the Personal Call Button, the Safe in Home System can generate phone calls to Users or to a third-party emergency dispatch system (the “Dispatch Center”). If you subscribe to this service, after following any protocols established by you through the Safe in Home Dashboard or through other Safe in Home Services to call other Users first or contact the Dispatch Center immediately, the Safe in Home System will contact the Dispatch Center. The Dispatch Center will attempt to make contact with the Senior through a telephone call and, If there is no response, the Dispatch Center will attempt to notify the first available responder, which is 911 unless otherwise arranged, if the Center has reason to believe that no actual emergency exists or has been instructed by a User to not make a call to emergency response, the Dispatch Center will not contact emergency response. Safe in Home may record any telephone conversations between and among the User, the Senior, Safe in Home and the Dispatch Center as it relates to a request for a response made with the Personal Call Button or otherwise. In addition, Safe in Home has agreed with the Dispatch Center to record any phone calls made between the Dispatch Center and either or both of the User or the Senior.
e. You appoint Safe in Home as your agent and the Senior’s agent to communicate with the Dispatch Center and advise the Dispatch Center of any changes to your information. You agree that all costs from emergency responses that may be generated by the Safe in Home System or the Dispatch Center (e.g., fire department, paramedic, ambulance, private security) are your responsibility or the responsibility of the Senior and that Safe in Home will not reimburse you or the Senior for any costs associated with a false alarm or other unnecessary dispatch of emergency services. In certain cases, emergency personnel may be authorized to force entry into a residence to gain entry. You assume the costs associated with such damage.
6. LEASE OF THE SAFE IN HOME SYSTEM.
As the Lessee of the System, you will pay Safe in Home the Monthly Lease Price (as set out in your initial Invoice which is sent to you along with these Terms of Service) and agree to pay all applicable taxes. Please note that the equipment remains the property of Safe in Home and you agree that if you do not return the System within 30 days after cancellation, we can charge your card a one-time fee of $149. If you return the System within 60 days after that, we will refund that fee. We will provide you pre-paid shipping to facilitate the return of the equipment.
7. 30 DAY MONEY BACK GUARANTEE.
SafeinHome wants you to be satisfied with your System but you are free to cancel any time. Our money back guarantee applies only for such time that the System was installed and operating and you may be billed if the System is sent to you and is not installed. Upon cancellation, your subscription will be terminated immediately and we will provide you the shipping — at our expense — to return the System to us. Once we receive the equipment, we will issue you a full refund so long as you have notified SafeinHome of your wish to discontinue the service within 30 days of confirmation of installation and activation.
8. SAFE IN HOME EQUIPMENT AND SUBSCRIPTION TERMS
a. System Components. You are leasing the System Components for the amount set out on the Safe in Home website or in your discussions with Safe in Home’s sales staff. You authorize us to charge your credit or debit card for the fees and taxes as set forth on the invoice generated at check-out. You acknowledge that the System Components do not work with other communications systems Safe in Home has no obligation to support the System Components in any manner unless you are a current customer.
b. Services. You are paying us a monthly fee as indicated on the invoice generated at check-out. The initial term is one month and the Agreement shall renew each month at the same price unless Safe in Home informs you 60 days ahead of time of any change in rates. You will be billed for your second month of subscription one month after confirmation of system delivery. The Agreement shall renew monthly.
c. Termination. You may terminate at any time for any reason. Safe in Home may terminate your agreement on a 30 day notice for any reason. If you terminate your agreement within 90 days of its shipping date, and you return the equipment in its original condition (subject to reasonable wear-and-tear), Safe in Home will refund you your original price paid for the System Components. If you terminate your agreement, Safe in Home will continue to provide the Services for the month contract period, but will cease to provide the Services at the end of that month contract period. Refunds on System Components will not include a refund of any sales tax.
d. Automatic Payment. You agree that Safe in Home can bill your credit or debit card on a recurring basis until this Agreement has been terminated. If, for any reason, your credit or debit card is refused, Safe in Home reserves the right to terminate Services, but it will make a reasonable effort to contact you prior to terminating Services.
e. Payment Terms. You agree to pay all sales, service, property, use and local taxes; any ambulance or paramedic charges or fees; and any permit fees, telephone charges, return check charges, or late charges, if applicable, whether imposed on you or us.
9. SERVICE CALLS.
Almost all problems can be addressed by telephone contact. We encourage you to call us at 1-855-476-6665 to address any issues you have.
10. LIMITATIONS ON SYSTEM OPERATION.
The Safe in Home System and the Services are limited in their function. As partial consideration for the use of the Safe in Home System, you acknowledge that Safe in Home does not represent or warrant that the system can prevent injury, death, or damage to the Senior, any User, or any other person. We have no control over the response time of the Dispatch Service or of any User to review the Activity Data or respond to any alert, alarm, or activation of the Personal Call Button. The Safe in Home System may not work as designed or fail due to matters outside our control. You agree that but for the limitation on the liability set forth below, Safe in Home would not provide the Safe in Home System.
11. TEXT OF AGREEMENT.
You acknowledge that this Agreement was negotiated and entered into by the use of the Safe in Home website and a copy of it was made available to you on the website.
12. LIMITED WARRANTY.
a. We will provide replacement components of any System Component which is defective for so long as you are a User of the Safe in Home System. Absent abuse, any System Component will be replaced free of charge, posted paid. Safe in Home will also provide a return envelope for you to return the defective component(s). Replacement System Components may be of similar or higher functionality.
b. THE SAFE IN HOME SYSTEM, INCLUDING THE SERVICES, ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SYSTEM OR SERVICES WILL BE FREE FROM DEFECTS, THAT THEY WILL MEET YOUR NEEDS, OR THAT ANY SERVICE WILL BE INTERRUPTED. WE AND OUR AFFILIATES ARE NOT LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DEEMED UNCONSCIONABLE. YOU AGREE THAT THIS IS OUR ONLY WARRANTY AND WE HAVE GIVEN YOU NO OTHER WARRANTY FOR THE SYSTEM. ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OF THE SYSTEM OR ITS FITNESS FOR ANY SPECIAL PURPOSE ARE LIMITED IN DURATION TO THE TERM OF THIS EXPRESSED LIMITED WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR A LIMITATION ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONMAY NOT APPLY TO YOU. THE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
13. CONNECTING AND OPERATING THE SYSTEM.
a. You are required to download from the App Store, in the case of the iPhone version, or from elsewhere in the case of the Android Version, of the Safe in Home App and to activate the Safe in Home System. You and any other Users you authorize to look at the Activity Data of a Senior need to maintain the confidentiality of your passwords and other log in, email and other similar information. You are also responsible for keeping all information related to the Senior – including related to the operation of the Personal Call Button – current.
b. You agree that, whenever this Agreement impose any requirement on any User, you will cause all other Users to comply with such requirement will be responsible for any noncompliance by such member of your household or other person.
The Safe in Home System and the System Components rely upon cellular telephone and/or internet networks to operate. These systems may go off line on occasion and during such outages, the Safe in Home may not operate. Safe in Home is not obligated to provide Services during any such outages. Cellular networks are regulated by federal and state agencies, and changes in rules and regulations may require us to modify or terminate transmission services.
15. ADMINISTRATOR’S DUTIES.
The System Administrator will instruct all other persons who may use the System on its proper use, including any User if different than you. The System Administrator is authorized to add or remove additional Users, maintain all contact and information on the Senior and the like.
16. SUSPENSION OR CANCELLATION OF THIS AGREEMENT.
You understand that we may stop or suspend Services for any of the following reasons: (a) events beyond our control which affect the operation of the Safe in Home System or so severely damage the premises of the Senior that continuing Services would be impractical; (b) there is an interruption or unavailability of the communications facilities which are required for the Safe in Home System to operate; (c) you do not pay the subscription fees due; (d) we are prohibited from providing the Services due to an action by a government authority (including any ruling from any court); and (e) for any other reason as determined by to be a good faith reason. In no event will we be liable for any damages or subject to any penalty as a result of any termination of this Agreement. Your subscription shall not survive the expiration or termination of this Agreement, but all disclaimers of warranties, limitations of responsibility and liability, exclusions of damages and other remedies, and indemnification rights set forth in this Agreement shall survive its expiration or termination.
17. ASSIGNEES AND SUBCONTRACTORS.
We have the right to assign this Agreement or to subcontract any of our obligations hereunder without notifying you and without obtaining your consent. You may not transfer this Agreement without written consent. We may use subcontractors to provide repair and Services, and this Agreement shall apply to them and the work they perform, and protect them in the same manner as it applies to and protects
18. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.
a. You understand that: (a) we are not an insurer of your health or personal safety or the health or personal safety of the Senior or any other User; (b) you are solely responsible for providing any life, health or disability insurance for yourself and persons who use the System, and insurance on your premises and its contents; (c) the amount you pay to us is based only on the value of the System and Services we provide and does not reflect any additional assumption of risk by Safe in Home beyond that; (d) notification systems may not always operate properly for various reasons; (e) it is difficult to determine in advance how fast your designated responders would respond to a notification of an event; (f) it is difficult to determine in advance what portion, if any, of any personal injury or death or property loss would be proximately caused by our failure to perform, our negligence, or a failure of the System or Services. Therefore, you agree that even if a court decides that our breach of this Agreement, a failure of the System or Services or repair services, or our negligence caused or allowed any harm or damage (whether personal injury, death or property loss) to you, User or anyone in or about the premises where the System is installed, you agree that our liability shall be limited to the total amount paid to Safe in Home over the life of the Agreement but in an amount not to exceed $2,000, and this shall be the only remedy regardless of what legal theory(including without limitation, negligence, breach of contract, breach of warranty or product liability) is used to determine that we were liable for the injury or loss. Agreeing to the limitation of liability does not mean that we are an insurer.
b. Disclaimer of Warranties. You and Safe in Home intend that all restrictions on use, disclaimers of warranties, limitations of responsibility and liability, exclusions of damages or other remedies, and indemnification rights of Safe in Home in this Agreement shall be upheld and applied to the maximum extent permitted by law.
20. LIMITATION ON LAWSUITS; WAIVER OF JURY TRIAL.
This Agreement shall be governed by the law of the State of California, exclusive of its choice of law provisions. Where permitted by law, both parties agree that no lawsuit or any other legal proceeding connected with this Agreement shall be brought or filed more than one year after the incident giving rise to the claim occurred. In addition, where permitted by law, any such legal proceeding shall not be heard before a jury, and each party shall give up its right to a jury trial. All proceedings arising under this section shall take place in the State of California with venue of any state action in Contra Costa County and venue of any federal action in the United States District Court for the District of Northern California.
22. WAIVER OF RIGHTS WHICH MAY ARISE UNDER HEALTH INFORMATION PORTABILITY ANDACCOUNTABILITY ACT.
a. To the extent any information collected by the Safe in Home System (including all Activity Data) is deemed to be personally identifiable health information within the meaning of the Health Information Portability and Accountability Act (“HIPAA”), you hereby authorize – on your own behalf and on behalf of the Senior, as the Senior’s representative – Safe in Home and its affiliates, employees and agents to handle such information for the purposes of allowing Safe in Home to operate the Safe in Home System and to provide the Services. You understand that any personal health information or other information may be subject to redisclosure and may no longer be protected by applicable federal and state privacy laws. This authorization is valid from the date hereof but may be revoked in writing. You understand that you have a right to revoke this authorization by providing written notice to Safe in Home. However, this authorization may not be revoked if Safe in Home or its affiliates, employees or agents have taken action on this authorization prior to receiving the written notice. You understand that you have a right to a copy of this authorization. You understand that this authorization is voluntary and that you may refuse to sign this authorization. By entering in this Agreement, you represent that you have the legal authority to bind the Senior and the other Users to accept such a waiver.
23. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and Safe in Home By entering into this Agreement, you affirm that you are not relying on our advice, advertisements, or any other representation, promise, condition, inducement, or warranty, express or implied, from any person that is not expressly and specifically set forth in writing in this Agreement. The terms and conditions of this Agreement apply as presented online without alteration or qualification, unless a change is approved in writing by an authorized officer Safe in Home, and shall govern even if you submitted an order or other document within consistent or additional terms and conditions. We may amend this Agreement at any time in our sole discretion by notifying you on or in connection with the Services, including by email or by a screen notice visible at login, of such amendment. You hereby agree to be bound by such amendment. No other amendment shall be enforceable against us unless set forth in a writing signed by an authorized officer of Safe in Home.
If any provision of this Agreement or the application of any such provision to anyperson or circumstances shall be held invalid, illegal, or unenforceable in any respect, suchinvalidity, illegality, or unenforceability shall not affect any other provision of this Agreement,and all other parts of this Agreement shall be enforced to the maximum extent permitted by law.
Version Date: 01/16/2015