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Congratulations on your purchase of a V.ALRT (“Device”).  There are a few important facts about your Device that you need to understand and acknowledge.  This is an agreement between you and MedicPad SRL. (“MedicPad”).  If you do not agree with these terms or decide not to proceed, do not use the Device and return it unused and in its original packaging to the place of purchase for a full refund.  Before using your Device, you need to download the Device application by running a search for MedicPad at: App Store (www.apple.com/itunes) for iPhone®.  Next, you MUST pair your Device with your smartphone using its Bluetooth functionality.  Follow the instructions in the application set up or in the manual that came with the Device.  After the setup is complete, your Device can alert your smartphone to send text messages to up to three MOBILE phone numbers and/or alert your smartphone to make calls to up to three phone numbers.  It is important to take note of the following:

  • Data service plan is required;
  • The MedicPad application must be running at all times. Do not stop or remove the application;
  • Keep Location services and Bluetooth activated/ON;
  • A mobile phone number is required for Text/SMS message options to function;
  • You must have at least one contact’s Text/SMS or Call selected in the Settings screen.
  • Perform a test alert once the Device is connected to your smartphone and coordinate with your contacts to make sure they receive your Text/SMS and calls.
  • You may need to re-launch the MedicPad application any time your smartphone software is updated.  Make sure to perform the above test after you re-launch the MedicPad application.
  • To receive audio alerts on your smartphone, make sure your smartphone is not in silent or vibrate mode.

YOU AGREE AND ACKNOWLEDGE that the Device:

  • Does NOT call or initiate calls to 911 or any other emergency service center;
  • Does NOT have a microphone or a speaker and that all voice communications are handled via your smartphone.  As such, you need to be close to your smartphone in order to talk and listen when the phone call is connected;
  • Does NOT make or receive phone calls (it sends a signal to your smartphone to initiate a call phone numbers you have identified as part of the Device set up);
  • Does NOT directly send SMS messages [it sends a signal to your smartphone to initiate text messages to one or more Mobile Phone Numbers you have identified as part of the Device set up (note that only mobile phones can receive SMS messages)];
  • Does NOT determine your location and relies on your smartphone’s location services to determine your location, (note that location information are estimates only and that GPS location services does not work indoors);
  • Does NOT work under water;
  • Does NOT work if your smartphone is out of network range;
  • Does NOT work if it is too far from your smartphone;
  • Works ONLY when it is connected to and is in close proximity to your smartphone (make sure the red light on the Device is not blinking and the app shows that the Device is connected).  If the connection between the Device and your smartphone is lost, the Device will continue to ping in an attempt to connect to your smartphone.  This activity will drain your battery on the Device and the smartphone;
  • Battery life is an estimate only and depends on how often your Device is activated;
  • Has a range that is determined by its surrounding structure which can vary; 
  • Fall detection accuracy depends on the nature and impact of the fall. Tests have shown that fall detection works better if the Device is used with the Clip or the Lanyard. For best results, always press the alert button for 2 to 8 seconds.

You further acknowledge that the Device does not come with any cellular or wireless service plan, data plan or other Internet connectivity services (each, a “Service Provider”). You are solely responsible for ensuring that your smartphone is compatible with the Device, is properly functioning, and has access to a Service Provider. Check with your Service Provider for compatibility and mobile data plan availability.

You acknowledge that: (i) the advertised Device range is approximate and can vary significantly based on the Device’s surrounding structure; (ii) the Device is compatible only with certain smartphones with Bluetooth 4.0 functionality; and (iii) MedicPad makes no warranty with respect to the operation of the smartphone or its compatibility with the Device.

You agree that MedicPad has no responsibility for: (i) the provision of cellular data services; (ii) wireless services or other Internet connectivity services; or (iii) the terms under which Service Providers may offer those services.  Service Providers may charge you for SMS, calls, or location services and other fees that MedicPad does not control.  You are solely responsible to pay any and all of these fees.

You agree that the Device is not a medical equipment and it is not meant to provide you with medical assistance.  As such, you release MedicPad, its affiliates, directors, agents, and employees from any and all liability associated with the use, functionality or operation of the Device. 

You acknowledge that you have read and agree to be bound by the terms of the EULA, which govern the use of the Device.  The EULA can be found at https://medicpad.com/eula/.

You understand that the Device is intended to send an alert to your smartphone using Bluetooth communication to initiate the transmission of SMS messages and/or the placement of phone calls. The Device does not assure that SMS messages have been sent or delivered or that phone calls have been successfully placed. You are encouraged to and agree whenever practical to use all other safety and medical devices and techniques available to you for your protection.

You understand and agree that you may receive a call back from one or more of your contacts after an alert has been sent and that all VoIP call backs will be auto answered.

This agreement is governed by the laws of the country of Romania and constitutes the full understanding by and between you and MedicPad, and may not be amended or modified, except in writing and signed by MedicPad.

MedicPad reserves the right in its sole discretion to limit, disconnect or terminate your Device service in the event of abuse.

 

WARRANTY

For information on warranty visit us at https://medicpad.com/warranty/.

MEDICPAD MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY OTHER KIND, EXPRESS OR IMPLIED.  EXCEPT AS SPECIFICALLY SET FORTH ABOVE, ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED TO THE EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL MEDICPAD BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF WARRANTY.  YOU ACKNOWLEDGE THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY MEDICPAD, ITS AGENTS, OR EMPLOYEES SHALL NOT BE DEEMED TO CREATE AN EXPRESS OR IMPLIED WARRANTY.  MEDICPAD’S TOTAL AND COMPLETE LIABILITY UNDER THIS AGREEMENT OR FOR ANY MALFUNCTION OR MIS-OPERATION OF THE DEVICE IS CAPED AND LIMITED TO THE PURCHASE PRICE OF THE DEVICE.