Terms and Conditions
Asistlife Corp Services / Simply SOS , Emergency Response System
1. PLEASE READ CAREFULLY this is a legal binding agreement between you / subscriber that purchases Simply SOS / Assistlife Corp Service’s products and services for yourself or other parties that is the end user of the product or services, you / they agree to these terms and conditions upon purchasing Simply SOS / Assistlife Corp Service products and services.
2. Parties: The person identified as Subscriber and the person identified as Payer collectively, “you or “Subscriber” hereby contract with Asistlife Corp Services (service) in connection with Simply SOS Emergency Response System as further described herein (System) This agreement incorporates these Terms and Conditions (together, with these Terms and Conditions, this “Agreement”), constitute the terms and conditions of the offering of the service. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THE SERVICE AND YOUR RIGHT HEREUNDER, INCLUDING, AMONG OTHER THINGS
DISCLAIMERS (SECTION 12 AND LIMITATIONS OF LIABILITY (SECTION13)
Terms and Conditions; separately acknowledging agreement to this Agreement; and / or using any part of Service you acknowledge and agree that you / subscriber have had the opportunity to read and review these Terms and Conditions and you / subscriber accept these Terms and Conditions and agree to be bound by them. These Terms and Conditions may be Printed.
ā
3. System and Service: The System consist of a Cellular Mobile Device with HELP Button (SoS) , charging cradle,(lanyard, clip, wristband, or pendent) or such other equipment provided by Asistlife Corp Services . The service consist solely of the receipt, analysis and response to designated Emergency alarm signals from the System, and if applicable, notification and location services through Lifeline’s system / server. Upon receipt of a signal, Company will make every reasonable effort to promptly contact you / subscriber and if Asistlife Corp Services deems necessary in its reasonable judgement, notify the applicable designated emergency authority, such as Family, Friend, Neighbor, or Emergency First Responder. You / Subscriber shall / will provide contact information of Responders if no contacts provided by you / subscriber. 911 may be designated as the Primary Responder. With Simply SOS Fall Detection, The service does not detect 100% of Falls and the system must have sufficient battery charge and / or cellular signal strength to transmit information. The Help Button (SoS) button should be pushed every time if possible. You / Subscriber agree and acknowledge that the Service does not prevent death, bodily or personal injury, or any harm to you / subscriber or others and does not detect, observe , view, or prevent an unauthorized intrusion onto your premises or any other emergency condition such as fire, smoke, carbon monoxide, or water damage. Asistlife Corp Services, Emergency Response Device comes with a neck cord / lanyard that could cause strangulation in some conditions , including the possibility of death or serious injuries, use caution when wearing around wheelchairs, walkers, or bed’s with guardrails or any area where the neck cord / lanyard can be tangled . You / Subscriber agree and acknowledge that the service is voluntary. 911 emergency services is not, it is an Emergency alternative to the service. Subscriber agrees Asistlife Corp Services may rely absolutely on statements of You / Subscriber. Responders, or any person who says they are acting on behalf of a Responder or Subscriber with respect to the location and condition of Subscriber. Subscriber agrees is not responsible for the promptness, sufficiency or adequacy of the action of any no way represents or guarantees Responders can be contacted, can or will respond or that any response will be safe or effective, You / Subscriber agrees Responders have been designated by him or her and are not agents or other representatives of Asistlife Corp Services.
4. Subscriber Duties: The Subscriber / You are responsible for your Emergency Response System (device) You / Subscriber agree and acknowledge that you / subscriber is responsible for keeping your device charged and working properly.
You / Subscriberis responsible to give accurate information to Asistlife Corp Services and all Responders and inform Asistlife Corp Services if any contact changes. You / Subscriber represents that personal Responders have agreed to act as Responders. You / Subscriber agree not to alter or attempt to repair to the Emergency Response Device system; not cause repeated or inadvertent or any willful false alarms; provide Responders with access to Subscribers premises. Inthe event a Responder is sent to your premises and cannot enter, you / subscriberassume any and all risk of personal injury or loss or damage to your premises or contents. You / Subscriber are responsible for making sure your device is working properly by testing it at least once a month, and notify Asistlife Corp Services if any repairs are required or the device is not working properly.
ā
5. TERM AND TERMINATION CANCELLATION OR SUSPENDING SERVICE: The term of this agreement shall begin upon acceptance of the service (as described in section 1) and will continue on a month to month, bi-annual or annually depending on the plan picked until terminated by either party. You / Subscriber may terminate or suspend this agreement at any time by contacting Asistlife Corp Services, by contacting thru email. Suspending Your Simply SOS Device. If you choose to SUSPEND your Simply SOS Service, please note that a recurring charge of $10 monthly will continue during the suspension period. This fee ensures that your account remains active and your device can be reactivated whenever needed. Reactivation can be done at any time, by contacting Assistlife Corp Services. If you need to cancel your Simply SOS service for any reason you will receive a Prorated refund from the day of cancelation all monies will be refunded for following months after you / subscriber cancels service. If service is canceled and you / subscriber wishes to reactivate service, you / subscriber is / are responsible for shipping and handling fees to Asistlife Corp Services / Simply SOS . All devices have to be shipped back to Assistlife Corp Service / Simply SOS for reactivation and a reactivation fee of $100. Asistlife Corp Services may terminate or change this agreement at any time for any reason.
6. INTERUPTIONS OF SERVICE: You / Subscriber acknowledges that the Emergency Response System Device uses and send cellular signals the same way Cell phones do, Asistlife Corp Services does not control, own, or operate Cellular Networks and their Service’s. IN THE EVENT CELLULAR SERVICE IS NOT AVAILABLE THE SYSTEM WILL NOT WORK THIS ALSO INCLUDES GPS LOCATION SERVICES. Asistlife Corp Services does not assume any liability for interruption of the service due to strike, riots, insurrections, sabotage, terrorist activities, floods, storms, acts of God, governmental actions, pandemics, or any other cause beyond Asistlife Corp Services control without limitation, the activities of Subscriber. COMPANY IS NOT REQUIRED TO SUPPLY THE SERVICE DURING THE CONTINUATION OF ANY INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE. You / Subscriber acknowledge if no cell phone signal is not present the Emergency Response Device will not work.
7. CONSENT TO DISTRIBUTION OF INFORMATION: You / Subscriber is providing Asistlife Corp Services with certain medical information for the purpose of providing the Service Subscriber agrees that Asistlife Corp Services, the Emergency Response Center, Responders and any necessary third parties, as determined by us in our reasonable discretion, all may receive access to such medical information along with any other information contained in this agreement or otherwise provided to Asistlife Corp Services, Response Center, Responders or any necessary third parties. You / Subscriber acknowledge that all communications between you/subscriber, Asistlife Corp Services and / or Emergency Response Center may be recorded, and you / subscriber to consent to such recordings. You / Subscriber agree and acknowledge that you release Asistlife Corp Services, Emergency Response Center, Responders from all liability with your information.
8. PRIVACY PRACTICES: Asistlife Corp Services / Emergency Response Center may / will disclose your provided information to third parties to provide, coordinate, and manage the Service, information may be shared with health care providers and other entities that Asistlife Corp Services deems necessary, including Responders, who need this information to ensure the provisions of your Services. To opt out of Asistlife Corp Services partners or future partners products or services email info@simplysos.com
9. ABUSE OF SERVICE OR FALSE ALARMS: You / Subscriber agrees to reimburse Asistlife Corp Services for any fee ($), invoice, or any fine or any charges assessed / incurred against Asistlife Corp Services as a result of a false alarm’s originating from You / Subscriber’s premises which Asistlife Corp Services considers to be excessive.
10. FORCED ENTRY and INACTIVITY ALARMS: You / Subscriber agrees that if ANY ALARM SIGNAL is received by Asistlife Corp Services / Emergency Response Center and a Responder is sent to You / Subscribers premises and You / Subscriber cannot let Responder into the premises and Responders does not have a key. YOU / SUBSCRIBER AUTHORIZES RESPONDER TO BREAK INTO SUBSCRIBER’S PREMISES. YOU / SUBSCRIBER UNDERSTANDS THAT THIS MAY AND WILL CAUSE DAMAGE TO THE PREMISES. YOU / SUBSCRIBER WAIVES ANY CLAIM AGAINST Asistlife Corp Services OR ANY RESPONDER WHICH MAY ARISE AS A RESULT OF FORCED ENTRY INTO THE PREMISES YOU / SUBSCRIBER SPECIFICALLY WAIVES ANY CLAIM FOR DAMAGE RESULTING FROM FORCED ENTRY AFTER INACTIVITY ALARM OR FALL DETECTION ALARM EVEN IF SUBSCRIBER IS NOT AT THE PREMISES.
11. ATTORNEYS FEES: In the event that it shall become necessary for Asistlife Corp Services to institute legal proceedings against You / Subscriber to enforce and provisions of this Agreement, You / Subscriber agrees to pay Asistlife Corp Services attorney fees along with all related fees associated with the legal proceedings.
12. ASSIGNMENT; THIRD PARTY BENEFICIARIES: This Agreement may not be assigned by You / Subscriber except with the prior written consent of Asistlife Corp Services. However Asistlife Corp Services can assign this Agreement or subcontract its obligations without you / subscriber’s consent. If Asistlife Corp Services assigns or subcontracts any of its obligations hereunder, anyone to whom Asistlife Corp Services assigns or subcontracts its obligations shall have all of Asistlife Corp Services right under Agreement to the extent so assigned or subcontracted.
13. WARRANTIES AND DISCLAIMER: You / Subscriber understand and agrees Asistlife Corp Services is not an INSURER AND DOES NOT OFFER INSURANCE, and that Insurance, if any covering personal injury or other personal claims and property loss or damage on You / Subscriber’s premises shall be obtained by You / Subscriber in such amounts and covering such perils as You / Subscriber may determine * Asistlife Corp Services is being paid to provide a Service and the amounts being charged by Asistlife corp services are not sufficient to guarantee no loss will occur; and Asistlife Corp Services is not assuming responsibility for any losses which may occur even if due to Asistlife Corp Services negligent performance or failure to perform and obligation under this Agreement. You / Subscriber assumes all risk of loss or damage to the premises or the contents thereof or personal injury or death. COMPANY MAKES NO GURANTEES OR WARRANTIES OF ANY KIND RELATING TO THE SERVICE AND EXPRESSLY DIASCLAIMS ALL WARRANTIES WHEATHER EXPRESS OR IMPLIED WRITTEN OR ORAL, WITH RESPECT TO THE SERVICE AND THE EMERGENCY REPONSE SYSTEM, INCLUDING ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. LIMITATION OF LIABILITY: IF ASSIST LIFE CORP SERVICES IS FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF THE PROVISIONS OF THE SERVICE, ITS NEGLIGENCE OR THE FAILURE TO PERFORM ITS OBLIGATIONS IN THIS AGREEMENT, INCLUDING MONITORING THE SYSTEM, IN ANY RESPECT AT ALL YOU / SUBSCRIBER MAXIMUM LIABILITY, SHALL NOT EXCEED $100.00 usd
15. INDEMNIFICATION: You / Subscriber agrees to indemnify hold harmless Asistlife Corp Services its employees and agents, from and against all third party claims, lawsuit and losses alleged to be cause by Asistlife Corp Services performance, negligent performance or failure to perform its obligations under this Agreement, including any failure of the Emergency Response System or Service provided by Asistlife Corp Services.
16. CONTACT INFORMATION: You / Subscriber expressly authorize Asistlife Corp Services to contact you at the Phone #, email address or any other contact information you have provided, including through the use of an automated dialing system, SMS message (texts), email, pre-recorded or artificial voice, voicemail and / or facsimile for marketing communications and all communications related to servicing or administering your account with Asistlife Corp Services, including without limitation, communications about your Emergency Response System, this Agreement, the Service, promotions, advertisements and information regarding any of our current or future partners, and / or our partners products or services, whether related to your System or not. Your consent to receive marketing communications is not required as a condition of purchase. Message and data rates may apply. To opt out please email info@simplysos.com to revoke this authorization.
17. PROTECTION PLAN: Asistlife Corp Services Protection Plan is available to all new and existing Asistlife Corp Services customers. You / Subscriber represent that the product is in proper operating condition at the start of lifelines Protection Plan’s coverage and your account is in good standing. * Existing Asistlife Corp Services customers that implement / add Asistlife Corp Services Protection Plan will have a (30 day) grace period before a claim can be filed. Asistlife Corp Service’s Protection Plan *covers your device from accidental damage, loss, and theft, ordinary wear and tear, and manufacturing defects. *Deductibles and limits apply. $75 deductible will apply for device replacement. 1 device per calendar year. Asistlife Corp Services Protection Plan does not cover (a) Service, maintenance, repair, or replacement due to any loss resulting from use other then normal use and beyond Asistlife Corp Services normal control such as: damage due to misuse, extreme heat, and abuse. (b) Any component or Product that has been opened, tampered with, repaired, or otherwise accessed by anyone other than an authorized representative of Asistlife Corp Services. (c) Coverage, components, products or items not specifically listed herein. (d) Protection Plan may not cover special, indirect, incidental, or consequential damages. Asistlife Corp Services Protection Plan is not transferable. Commercial use is not eligible for protection plan. For current cost ($) of Simply SOS Protection Plan please visit www.simplysos.com.
18. THIS “TERM AND CONDITION OF USE” shall begin with acceptance of service to / with Assistlife Corp Service / Simply SOS and will continue unless and until terminated, suspended by You / Subscriber or Assistlife Corp Service by contacting Asistlife Corp Services, Assistlife Corp Service in its sole discretion, may cancel or suspend the Services or terminate this Agreement at any time for any reason. If Customer fails to make payment, or if Asistlife Corp Services can not collect payment due to any reason, Asistlife Corp Services will notify You / Subscriber that service has been terminated, Company is not liable for injury or any expenses that may be incurred by You / Subscriber as a result of Services being terminated. NOTE: Assistlife Corp Service / Simply SOS may Change these Terms and Conditions at any time.
ā
AT&T® is a trademark of AT&T Inc. No affiliation with Simply SOS.