This Subscriber Agreement (the “Agreement”) is made and entered into as of the date signed below by Subscriber (the “Effective Date”), by and between Smart Monitor Corp. (“Smart Monitor” or “Company”), and the Subscriber identified on the signature page hereof (“Subscriber” or “you”).
Correct Usage of the Inspyre™ solution by Smart Monitor is set forth in the Inspyre™ User Manual and the Inspyre™ user guide.
Terms and Conditions
Access to and use of the Inspyre™ solution and the Smart Monitor website; both within the USA and internationally is provided by Smart Monitor on the following terms:
Upon choosing a subscription option you agree that Smart Monitor will automatically charge the subscription fee to your credit or charge card at the beginning of each period. If you are on a monthly plan your subscription will be automatically charged without notification. Your service access will not be established until Smart Monitor has verified that the credit card information you provide us for payment is accurate and that your credit card account is in good standing. If payment cannot be charged to your credit card or if a charge is rejected for any reason, including chargeback, we reserve the right to either suspend or terminate your subscription, access and/or account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such activity, including collection fees, interest, court costs and attorneys’ fees. You may obtain a list of the applicable fees currently in effect at any time by contacting Smart Monitor Customer Support. You are responsible for reviewing your credit card statement for billing accuracy. You have 90 days to dispute any billing that you feel is inaccurate. If you do not contact Smart Monitor within 90 days of the disputed billing date, Smart Monitor will not be responsible for any billing errors. Subscriptions can be canceled by i) contacting email@example.com ii) calling Smart Monitor @ 888.334.5045 x 331, or iii) by submitting a support ticket at https://smart-monitor.com/inspyre-support/ . Once Smart Monitor receives your cancellation notice your subscription will be cancelled. You may therefore; depending on the timing of your cancellation receive a final monthly charge. If your account becomes inactive due to non-payment and you want to start service again your account will be subject to a re-activation fee of $20. It is your responsibility to make sure that Smart Monitor has current credit card information on file.
Service begins as soon as the payment is processed. You will be charged the annual rate stated at the time of the purchase as one lump sum. Your contract will renew automatically, on your annual renewal date, until you cancel. If you are on an annual plan you will receive an email regarding your continued subscription no later than seven days before renewal. Renewal rates are subject to change, but we will always notify you beforehand. If you cancel within 30 days of your order, you will be fully refunded the subscription amount. The activation fee is non-refundable. Should you cancel after 30 days, your payment is non-refundable and your service will continue until the end of your contract term. Cancellations can be made at any time by contacting Smart Monitor at firstname.lastname@example.org
All orders placed are subject to Smart Monitor’s acceptance, which is in its sole discretion. Without limitation, this means that Smart Monitor may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, Smart Monitor shall issue a credit to your credit card account.
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the web site and all content (including all applications) located on the site shall remain vested with Smart Monitor or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Smart Monitor content in any way. You also agree not to adapt, alter or create a derivative work from any Smart Monitor content. Any use of Smart Monitor content requires the prior written permission of Smart Monitor.
The names, images and logos identifying Smart Monitor or third parties and their products and services are subject to copyright, design rights and trademarks of Smart Monitor and/or third parties. Nothing contained in these terms shall be construed as conferring any license or right to use any trade mark, design right or copyright of Smart Monitor or any other third party.
Disclaimers and Limitation of Liability
Smart Monitor shall not assume responsibility for the maintenance of any device and it is the sole responsibility of the purchaser to remedy any damage or defect in the purchased unit. Smart Monitor shall not be responsible in assisting with the initial pairing set up between the purchaser’s device and watch. Any warranty on any device is solely between the consumer and the device manufacturer.
Product prices are subject to change by SMART MONITOR in its sole discretion. SMART MONITOR reserves the right from time to time in its sole discretion, to discontinue or to limit its production of any Product; to allocate, terminate or limit deliveries of any Product in time of shortage; to alter the design or construction of any Product and to add new and additional features and products to meet market needs.
Smart Monitor does not accept liability for any errors and omissions and reserves the right to change information, prices, specifications and descriptions of listed goods, products and services. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfill your order at this price. We shall be under no obligation to fulfill an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these terms.
Smart Monitor content, including the information, names, images, pictures, logos and icons regarding or relating to Smart Monitor, its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis. To the extent permitted by law, Smart Monitor excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Smart Monitor does not guarantee the timeliness, completeness or performance of the web site or any of the content. While we try to ensure that all content provided by Smart Monitor is correct at the time of publication no responsibility is accepted by or on behalf of Smart Monitor for any errors, omissions or inaccurate content on the web site.
Smart Monitor shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Smart Monitor sites and services regardless of the form of action.
Smart Monitor does not warrant that functions available on Smart Monitor sites and Inspyre solution will be uninterrupted or error free, that defects will be corrected, or that Smart Monitor or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. If, notwithstanding the other provisions of these terms, Smart Monitor is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of this web site or any content, Smart Monitor’s liability shall in no event exceed $100.00 USD.
The Inspyre™ solution:
- Can alert upon certain types of repetitive shaking motion
- CANNOT predict or warn about impending seizures, and is NOT a cure of therapy for seizures
- Makes no claims about being able to detect and alert upon any kind of seizure
- May also alert upon certain repetitive movements such as clapping, shaking a bottle, brushing teeth, and other activities that fall within the spectrum of motions the watch is set to detect.
You agree to indemnify, defend, and hold harmless Smart Monitor, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of this product and/or web site.
Not for Medical Use
Purchaser agrees that the Inspyre™ solution is provided for informational and tracking purposes only and is not a substitute for professional diagnosis, treatment or other medical advice which should be sought from your physicians and professional healthcare providers. If you are having a medical emergency, do not rely on your app and equipment – dial 911 or contact your doctor and healthcare providers immediately.
The aggregate anonymous database of all users’ data may be used for product development, enhancement,and to further research. Your non-personally identifiable data will greatly aid in understanding the causes, factors and progression of various chronic conditions. Please send an email to email@example.com if you do not want your anonymized data to be included for research efforts.
By using the Services, you give Smart Monitor permission to collect information about you as an anonymous user for the purpose of calculating aggregate statistics. You authorize Smart Monitor to use information you provide to personalize the information we deliver to you and to use your demographic information when calculating aggregate customer data. As a registered subscriber, you give Smart Monitor and our agents permission to send you notices related to the subscription Services to which you subscribe.
You agree that any notice, agreement, disclosure or other communication that Smart Monitor sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
These terms shall be governed by and interpreted in accordance with the laws of the state and federal courts located in the Commonwealth of California, County of Santa Clara, which shall have exclusive jurisdiction over any disputes
I acknowledge that I have read and accepted the Terms & Conditions from Smart Monitor regarding the subscription of the SmartWatch Inspyre™ solution.