Terms of Service
We are only willing to transact business under the terms of this Agreement which disclaims all representations, warranties, and liability, express or implied, in connection with the provision of its equipment and services other than under the terms and conditions of this Agreement.
You agree to lease the SafeinHome System and subscribe to the services offered by SafeinHome.
- “Account Administrator” shall mean the person who has been designated to manage the SafeinHome System obtained from SafeinHome.
- “Activity Data” shall mean the data which represents motion, door status, or other indications of activity or status within the Client’s home.
- “Alert Escalation Plan” shall mean that plan which establishes the priority in which certain events will be brought to the attention of people associated with the Client, whether family, neighbors, caregivers, or medical professionals, as well as with first responders. The Alert Escalation Plan may include the ability of people named on the Alert Escalation Plan to cancel any alert or agree to address the problem without the help of any other person.
- “Client” shall mean the individual in whose home the SafeinHome System will be installed and for whose safety and independence the system is intended. This agreement assumes, in places, that the Client lives alone, but any description of the applies regardless of their living arrangements.
- “SafeinHome” shall mean Alchera Incorporated d/b/a SafeinHome.
- “SafeinHome App” shall mean the smartphone app through which a User can access the Activity Data of a given Client, regardless of the platform or operating system.
- “SafeinHome Dashboard” shall mean the password-protected interface through which a User can access the Activity Data of a given Client.
- “SafeinHome Software” shall mean the SafeinHome App, the SafeinHome Dashboard, and all back-end software that assists in obtaining, delivering, and retaining the Activity Data or other information.
- “Services” shall mean the software, website, smartphone apps, access to customer service and technical support, and all communications with the company related to the SafeinHome System.
- “Subscription” shall mean the payments made by the customer, directly or through a Care Partner, to maintain access to the Services.
- “System Components” shall mean the physical components of the SafeinHome System including 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.
- “User” shall mean any person who has, with the consent of the Client, downloaded the SafeinHome application or accessed the SafeinHome Dashboard.
2. CONSENT OF END USER.
If you are not the Client, by entering into this Agreement, you represent that you have obtained the consent of the Client and/or have the authority to bind the Client to this Agreement and to install and operate the SafeinHome System in their home.
3. THIRD PARTY BENEFICIARIES.
You understand and agree that our duties and obligations to provide the SafeinHome System arise solely out of this Agreement. Anyone who is a User of the SafeinHome System associated with the Client, 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 to our Care Partner all System Components selected and leased by the Client and our Care Partner will install and activate the SafeinHome System in accordance with the instructions included. You are encouraged to call SafeinHome at 1-855-Is Mom OK (1-855-476-6665) if you need assistance with the System.
5. PROVISION OF THE SERVICES.
- The Services are provided on a commercially reasonable basis so long as your Subscription to SafeinHome is in effect. SafeinHome will provide direct monitoring of the Client through our Monitoring Center.
- We will work with you and, where appropriate, our Care Partner to help set up appropriate telephone and/or SMS alerts, including an Alert Escalation Plan, regarding certain events inside the Client’s home.
- The Services, including through the Monitoring Center, will be provided, including the contact information and priority of calls generated by the SafeinHome System to connect the Client to any User, based on the information you enter or you provide to SafeinHome. This information is available through the SafeinHome Dashboard and it is your responsibility to check and maintain the accuracy of this information, as they govern the Alert Escalation Plan. The Alert Escalation Plan defines how SafeinHome responds to any event inside the Client’s home.
- SafeinHome will not provide any services or process any data regarding the Client until we have received a copy of this Agreement electronically signed and/or acknowledged by you. If you subscribe to this service, after following the Alert Escalation Plan established by you through the SafeinHome Dashboard or through other SafeinHome Services, you further acknowledge that the Alert Escalation Plan can allow any designated users to determine to ignore or interrupt the escalation of alerts before any emergency dispatch may be called.
- Notwithstanding any Alert Escalation Plan, SafeinHome can – on a good faith basis – contact any individual named in the Alert Escalation Plan or emergency services without your prior consent and you further appoint SafeinHome as your agent and to communicate with the emergency services as needed. You agree that all costs from emergency responses that may be generated by the SafeinHome System(e.g., fire department, paramedic, ambulance, private security) are your responsibility or the responsibility of the Client and that SafeinHome will not reimburse you or the Client for any costs associated with a false alarm or other unnecessary dispatches 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 SAFEINHOME SYSTEM.
As the Lessee of the System, you will pay through our Care Partner the Monthly Price (as set out in your initial Invoice which is sent to you along by our Care Partner) and agree to pay all applicable taxes. Please note that the equipment remains the property of SafeinHome. You agree that, upon termination, you will work with the Care Partner to return all equipment.
7. LICENSE AND LIMITATION ON USE.
We grant to you a limited, personal, non-exclusive, and non-transferable right and license to use the SafeinHome Software. Unless otherwise specified in writing, the SafeinHome Software is for your personal and non-commercial use. The SafeinHome Software, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the source, object, and HTML code, and all other protectable intellectual property available through the Services and/or comprising the SafeinHome Software (the “Proprietary Materials”) are the property of SafeinHome or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by SafeinHome. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, or create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the SafeinHome Software to weblogs, newsgroups, mail lists, or electronic bulletin boards, without our written consent.
8. SAFEINHOME EQUIPMENT AND SUBSCRIPTION TERMS (INVOICED PAYMENTS)
- System Components and Provision of Services. You are leasing the System Components for the amount set out in the Agreement provided by our Care Partner and/or in any discussions with SafeinHome’s sales staff. You acknowledge that the System Components do not work with other communications systems SafeinHome has no obligation to support the System Components in any manner unless you are a current customer.
- Services. You are paying, through the Care Partner, a monthly fee as indicated on the invoice. The initial term is one month and the Agreement shall renew each month at the same price unless SafeinHome 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.
- Termination. You may terminate at any time for any reason. SafeinHome may terminate your agreement on a 30-day notice for any reason. If you terminate your agreement, SafeinHome 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.
- Invoiced Payment. The Care Partner will provide you with a bill at the beginning of each month. If for any reason, payment is not made, SafeinHome reserves the right to terminate Services, but it will make a reasonable effort to contact you prior to terminating Services.
- 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 SafeinHome System and the Services are limited in their function. As partial consideration for the use of the SafeinHome System, you acknowledge that SafeinHome does not represent or warrant that the system can prevent injury, death, or damage to the Client, any User, or any other person. We have no control over the response time of any person involved in the Alert Escalation Plan or any emergency dispatch services. The SafeinHome 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, SafeinHome would not provide the SafeinHome System.
11. TEXT OF AGREEMENT.
You acknowledge that this Agreement was negotiated and entered into by the use of the SafeinHome website and a copy of it was made available to you on the website.
12. LIMITED WARRANTY.
We will provide replacement components of any System Component which is defective for so long as you are a User of the SafeinHome System. Absent abuse, any System Component will be replaced free of charge, posted paid. SafeinHome will also provide a return envelope for you to return the defective component(s). Replacement System Components may be of similar or higher functionality.
The SafeinHome 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 possibility 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 exclusions
May 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.
- 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, the SafeinHome App and to activate the SafeinHome System. You and any other Users you authorize to look at the Activity Data of a Client need to maintain the confidentiality of your passwords and other login, email, and other similar information. You are also responsible for keeping all information related to the Client – including related to the operation of the Alert Escalation Plan – current.
- You agree that, whenever this Agreement imposes 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 another person.
The SafeinHome System and the System Components rely upon cellular telephone and/or internet networks to operate. These systems may go offline on occasion and during such outages, the SafeinHome may not operate. SafeinHome 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, and maintain all contact and information on the Client 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 that affect the operation of the SafeinHome System or so severely damage the premises of the Client that continuing Services would be impractical; (b) there is an interruption or unavailability of the communications facilities which are required for the SafeinHome System to operate, including any and all actions by the Client (whether deliberate or accidental) to disable the system, including unplugging the system, removing or disabling sensors, (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. DISCLAIMER OF WARRANTIES.
YOU USE THE SAFEINHOME SOFTWARE AND THE SERVICES AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR EFFICACY OF THE SAFEINHOME SOFTWARE OR SERVICES, AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES PROVIDED BY US OR THROUGH THE SAFEINHOME SOFTWARE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF THE SERVICES, IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
19. LIMITATION OF LIABILITY; INDEMNIFICATION
You understand that: (a) we are not an insurer of your health or personal safety or the health or personal safety of the Client 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 Components and Services we provide and does not reflect any additional assumption of risk by SafeinHome 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 Components or Services. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SAFEINHOME SOFTWARE OR SERVICES; OR (B) ANY OTHER MATTER RELATING TO THE SAFEINHOME SOFTWARE. IN NO EVENT SHALL SAFEINHOME’S TOTAL LIABILITY TO YOU OR ANY INDIVIDUAL OR ENTITY FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED $2,000. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, SAFEINHOME’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. You agree to defend, indemnify, and to hold harmless SafeinHome, together with SafeinHome’s officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third-parties (including the costs, expenses, and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the SafeinHome Software and Services or your inability to use the SafeinHome Software or Services; (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement; (c) your intentional or negligent misrepresentation or misuse confidential or protected information. Your agreement to defend, to indemnify, and to hold SafeinHome (and SafeinHome’s officers and directors) harmless applies whether any claim against SafeinHome is based in allegations of violation(s) of law or contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third-party rights, a claim that the SafeinHome Software or Services caused damage to you or to any third party and/or your use and access to the SafeinHome Software, or Services. This indemnification section shall survive your termination of or cessation of use of the SafeinHome Software or Services.
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 the venue of any state action in Contra Costa County and the 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 THE HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT.
To the extent any information collected by the SafeinHome 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 Client, as the Client’s representative – SafeinHome and its affiliates, employees and agents to handle such information for the purposes of allowing SafeinHome to operate the SafeinHome 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 SafeinHome. However, this authorization may not be revoked if SafeinHome 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 into this Agreement, you represent that you have the legal authority to bind the Client and the other Users to accept such a waiver.
23. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and SafeinHome 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 SafeinHome 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 SafeinHome.
If any provision of this Agreement or the application of any such provision to any person or circumstances shall be held invalid, illegal, or unenforceable in any respect, such invalidity, 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.