By clicking “I Accept” I (i) acknowledge that I am the Guardian Angel (the person who will receive NOTIFICATIONs from the Meetlarry Sensor System) or the Monitored User (the person who is monitored and receive NOTIFICATIONs); and (ii) agree to the terms and conditions in this Agreement. If you are not the Guardian Angel nor the Monitored User and you click on the “I Accept” icon, you represent and warrant that you have legal authority to bind the GUARDIAN ANGEL CONTACT to this Agreement.
MEETLARRY SENSOR SYSTEM AND APPLICATION AGREEMENT
This is an agreement between the person who is monitored by using the Meetlarry Sensor System (Monitored User) and the person who are using Meetlarry mobile application (Monitored User or Guardian Angel), on the one hand Meetlarry ("Meetlarry").
IMPORTANT!: Read these terms and conditions carefully. They limit our liability and contain other important provisions.
By installing or using the Meetlarry Sensor System or the Meetlarry Mobile Application, you:
If you do not agree to the terms, do not install the application and do not use the Sensor System, the application or the notification service.
This is a binding agreement. This agreement is binding on you and Your heirs, executors and administrators. This agreement is binding on The Monitored User and Guardian Angel if you are not the Monitored User nor Guardian Angel but clicked “i accept.”
The Sensor System and application are not a substitute for 911. Neither The Sensor System nor the application is a substitute for 911. If you need Help and are able to dial 911 or any other public emergency Service, you should do so.
Certain Defined Terms:
For brevity, clarity and simplicity, this Agreement contains a number of capitalized, defined terms. “Agreement” means this agreement. “Company” means Homecareaitech.
“Monitored User” means the person whose activities in the house is being monitored by Meetlarry Sensor System. Meetlarry Sensor System is installed in Monitored User’s home. Monitored User can use Meetlarry mobile application if he/she wants. Monitored User will also receive notifications if certain situations if he/she uses Meetlarry mobile application.
“Guardian Angel” means the person who uses Meetlarry mobile application and receives notifications both directly and in a situation where Monitored User did not give feedback after receiving notifications.
“Sensor System” means the Meetlarry sensor kit and gateway.
“Application” means the Meetlarry mobile application installed by the Monitored User or the Guardian Angel for use with the Sensor System and any related software, websites, updates, corrections, content and documentation.
You have joint and several liability under this agreement. You understand, acknowledge and agree that the (i) use of the word “you” and “your” throughout this agreement means both Monitored User contact and Guardian Angel contact; and (ii) the obligations, responsibilities, requirements and limitations imposed on Monitored User and Guardian Angel contact in the agreement are joint and several in all respects. Joint and several liability means the Monitored User is legally liable for the Guardian Angel contact and the Guardian Angel contact is legally liable for the Monitored User.
The sensor system and application are not life-saving sensor systems. You acknowledge that (i) the sensor system and application are designed to reduce – but not eliminate – the risk that may accompany falls or other emergencies by an monitored-user at home; (ii) neither the sensor system nor the application are designed to save lives and you may not rely upon the sensor system or the application to save lives; (iii) you may use the sensor system and the application only (a) if an Guardian Angel contact downloads the application on their smartphone and (b) in accordance with the installation and use requirements (as defined below); (iv) the notification services will not begin until you install and set up the sensor system and the application in accordance with our instructions; (v) you must provide accurate and complete information when installing and using the sensor system and the application; and (vi) you alone are solely responsible for the accuracy and completeness all such information. You may use the sensor system and the application solely for personal, not commercial use.
The License: Subject to the terms and conditions of this Agreement, Company grants Monitored User and Guardian Angel contact each a limited, non-exclusive, non-transferable, non-commercial license to install and use the Sensor System and application in accordance with this Agreement. All software, firmware, shareware, codes, information and documentation arising out o or from the Sensor System and the Application are our sole and exclusive property and you have no rights in any of the foregoing. You acknowledge that “Meetlarry” are trade names that belong to Company and you have no right in either or in any related trade names or trademarks.
We may modify, terminate or suspend any form of service to you on reasonable notice to you.
The License Controls: Company reserves all rights not expressly granted to you. Company retains all right, title and interest in and to the software included in the Sensor System and application.
This Agreement will govern any software upgrades that replace and/or supplement software in the Sensor System or the Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Company alone owns all content on the Application. We may provide and charge for upgrades, updated versions, bugs and fixes. We may require payment of periodic fees for use of any upgraded or updated application.
The NOTIFICATION Service: If the Sensor System detects certain situations, the Sensor System will send an NOTIFICATION to the Application on the Smartphone. (Message and data rates may apply.) Only the Guardian Angel contact and the Monitored User (if applicable) monitors the sensor system and application. Meetlarry do not monitor Sensor System and mobile application for caretaking Monitored User.
Sensor System Installation and Use; Application Set-Up and Use: You must follow our written requirements for the (i) installation and use of the Sensor System (and (ii) set-up and use of the Application. The Requirements are incorporated by reference in, and form an integral part of, this Agreement.
You agree that we may modify the Requirements from time-to-time. You shall abide by all laws when you use the Sensor System and the Application. You may not resell the sensor system or the application or use the sensor system or application for any commercial use.
The Sensor System and Application may not always work: You understand, acknowledge and agree that the Sensor System and Application may not always work for a number of reasons. For example, the Sensor System requires Wi-Fi to connect to the Monitored-User’s wireless network to transmit and receive data. If the Sensor System is not connected to the Wi-Fi or if the Wi-Fi is not working for any reason, the Sensor System will not be able to communicate with the application on the smartphone. For instance, connectivity is affected by things like the thickness or material of the walls of the building you are in. Likewise, if the Network or Internet is not available or working for any reason, the Sensor System will not communicate with the smartphone and the Guardian Angel contact will not be able to receive a notification. The Network may not be available if the Smartphone is out of range or because of certain conditions such as topography, buildings or the weather. You must provide WI-FI and the network at your sole cost. We are not responsible, and have no legal liability, if the sensor system and application cannot communicate.
Intellectual Property: You will not, directly or indirectly, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify or create derivative works of the Sensor System or any of its components or software. You must keep all user names and passwords confidential. You alone assume the risk that any unauthorized person gains access or control of the Sensor System, any Data or the Application.
Agreement Duration: This Agreement lasts for as long as the Monitored User and Guardian Angel contact use the Sensor System and Application. If you enter into some other written agreement with Company, then that other agreement may take the place of this Agreement. Your obligations under this Agreement shall survive expiration or termination of this Agreement. We may terminate this license following notice to the Guardian Angel contact or Monitored User contact sent via the application for good cause, including the breach by Monitored User or Guardian Angel contact of this agreement.
Notification of Agreement Modification: You agree that we may modify this Agreement from time-to-time by providing the Guardian Angel or Monitored User contact (defined below) notice of such modifications via the Application (defined below). If you do not agree to such modifications, you may stop using the Sensor System and Application. If you continue to use the Sensor System and Application, you shall be deemed to have accepted such modifications. You may not modify this Agreement.
Certain Use Restrictions: You shall not, and shall not permit any third party to: (i) make the Application available over a network; (ii) circumvent, disable or otherwise interfere with security-related features of the Sensor System or Application or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Sensor System or Application; (iii) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Sensor System or Application; (iv) use Company’s name, logo or trademarks without our prior written consent; or (v) use the Sensor System or Application for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
Our liability to you and to others is limited.
You agree our liability is limited. If any liability arises on the part of company or any of company’s officers, managers, members, affiliates, partners, employees, manufacturers, supplier or sub-contractors (collectively, “representatives”) for any personal injury or death or any other loss, damage, cost or expense, property damage or other liability arising out of or from any theory of liability, including tort (whether negligent, intentional or otherwise), contract, product liability, strict liability, contribution, indemnification, breach of a statute or other rule or standard or any other possible claim such liability shall not exceed $2,600 or such other amount as permitted by any applicable state or federal statute that the company or \ may violate, collectively for company and representatives.
You agree to maintain and look solely to insurance for any loss. The price of the sensor system and application include the cost of the sensor system, the application and the related services but are not sufficient to give us a basis to insure you or others. You, therefore, acknowledge and agree that we are not an insurer and we are not providing insurance under this agreement or otherwise. Accordingly, you agree to maintain insurance in an amount you think sufficient to provide full and complete coverage for any loss, damage or expense that you, your family or others may sustain or for which you may be liable, including medical insurance, disability insurance, life insurance, property insurance and liability insurance. You agree to (i) look exclusively to the insurance you maintain and (ii) release company and representatives for all such loss, damage and expense, including any deductibles or similar amounts.
You also agree our damages are limited. In addition to any other provision in this agreement, neither company nor representatives will be liable to you or any other person or entity for any indirect, special, exemplary, punitive, incidental or consequential damages, even if company has been advised of the potential for such damages.
You waive subrogation. You waive any rights your insurance company may have to sue company or representatives for money paid to you or on your behalf.
You agree to indemnify us. If anyone, including the insurance companies of Monitored User or Guardian Angel contact (or any other insurance company), makes a claim against company or representatives, Monitored User and Guardian Angel contact agree to, jointly and severally, indemnify, defend and hold harmless (without any condition that company or representatives first pay) for any loss, damage or expense, including reasonable attorneys' fees, asserted against or incurred by company or representatives, including any loss, damage or expense in connection with or arising out of or from (i) the sensor system, including the use of the sensor system, whether or not the sensor system works, (ii) the application, including the use of the application, whether or not the application works, (iii) the notification service, whether or not the notification service works; (iv) this agreement; (v) the active or passive, sole, joint or several negligence of any kind or degree of company or representatives; (vi) product or strict liability; or (vii) contribution, indemnity or subrogation (by any person or entity).
Failure of essential purpose: the limitations in this agreement apply regardless of any failure of essential purpose of any limited remedy.
You are Responsible for False Alarms.
You Release Us for Circumstances Beyond Our Control. Our obligations will be waived automatically and we will not be liable to you or any other person or entity if we are unable to provide the Sensor System or Application or if the Sensor System or Application do not work because or as a result of, or in connection with, any circumstances beyond our control, including any loss of communications, including the loss of Wi-Fi, the Network, the Internet or any other communications network such as any telephone, radio or other network, or any flood, fire, earthquake, explosion, civil unrest, war, invasion, terrorism, labor unrest, or other acts of God in any such case for the duration of such circumstance.
Applicable Law: This Agreement will be governed by and construed according to the laws of the state of New York without reference to its conflicts of law rules. The interpretation of this Agreement will not be construed against the drafter.
You must arbitrate certain claims. If you have a claim against company or representatives, you must arbitrate that claim in accordance with this section unless the amount of direct damages you can lawfully claim (not aggregated as may be permitted by any law) in any claim exceeds $5,200 dollars on an individual basis (the “class threshold”). You waive your right to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action for any damages in excess of the class threshold. For claims within the class threshold, whether or not you wish to bring such claims as part of a class, consolidated or representative action, you shall bring such claims exclusively in binding arbitration administered by and under the rules of the American arbitration association in New York. You shall bring any claim for damages in excess of the class threshold exclusively in the court agreed to in this agreement. Jurisdiction, venue and waiver of jury trial. Each party to this agreement hereby irrevocably agrees that any suit, action or other legal proceeding (“suit”) arising out of or from, in connection with or as a result of this agreement that is in excess of the class threshold shall be brought exclusively in the state courts of record or the courts of the united states located in New York. Each party consents to the exclusive jurisdiction and venue of each such court in any such suit and waives any objection that it may have to jurisdiction or venue of any such suit. Each party hereby waives any right to trial by jury in any suit brought by either party. You consent to company’s service of process in any such suit, action or other legal proceeding sent by first-class U.S. mail to the address you provide licensor.
Limited Warranty-Sensor System. If the sensor system becomes defective due to a defect in materials, workmanship or design within six (6) months of your purchase, company will replace the sensor system. This is company’s sole warranty. This limited warranty can only be used by the original sensor system purchaser and is not assignable. You must return the sensor system to company’s designated location so that warranty service may be rendered. This warranty does not cover damage caused by accident, vandalism, negligence or mistake, violation of the installation and use requirements, flood, water, lightning, fire, abuse, misuse, acts of God, casualty (including electricity), neglect, attempted unauthorized repair service by anyone other than company, or any other cause (excluding ordinary wear and tear).
No Warranty-Application and Software. The application and software used in connection with the sensor system is provided “as is” and “as available” and with all faults and defects without warranty of any kind (express or implied) except that we warrant to you only that, to company’s actual knowledge, company has the legal right to grant the license to you under this agreement. We do not warrant that the application or software used in the sensor system will be error-free or will not contain viruses or other harmful code.
If you need warranty service, you must send us an email. All warranties in this agreement are conditioned upon your lawful and proper use of the sensor system and application in accordance with this agreement.
Certain Warranties Do Not Apply. You acknowledge that (a) any affirmation of fact or promise made by company will not be deemed to create an express warranty; (b) except as expressly stated in this agreement, company does not make any express or implied representation or warranty, including any implied warranty of good and workmanlike services, accuracy, quiet enjoyment, non-infringement, merchantability or fitness for a particular purpose or that the sensor system, the application or any related service may not be compromised or circumvented or will work as intended, that the sensor system or application will be uninterrupted or error free or that defects in the sensor system or application will be corrected and (c) all implied warranties, if any, coincide with the duration of this warranty. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or the limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may have other rights that may vary from state to state.
Assignment: You may not assign this Agreement. We may assign this Agreement or any portion thereof. If we assign this Agreement, we are released from all liabilities or obligations that may arise after the assignment.
No Waiver of Breach: Waiver of any breach of this Agreement will not be a waiver of any subsequent breach. Our rights under this Agreement will be cumulative, and may be exercised concurrently or consecutively, and will include all remedies, even those remedies not referred to in this Agreement.
Severability: If any provision hereof (or portion thereof), or its application to any circumstances, is held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, will not be affected, and will remain in full force and effect as valid, binding and continuing.
Integration; Amendment: This Agreement contain the entire agreement between you and us concerning the subject matters of this Agreement and supersedes all prior or current negotiations, commitments, contracts, express or implied, warranties, express or implied, statements and representations, written or oral, pertaining to such matters, all of which are merged into this Agreement. Any amendment of this Agreement must be in a writing signed by both parties.
Contractual Limitation of Actions: All claims, actions or proceedings by or against Company or Representatives must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or such claim, action or proceeding is barred. The time period in this paragraph must be complied with strictly.
Third-Party Beneficiaries: The Company and Representatives are the only third-party beneficiaries of this Agreement. There are no other third-party beneficiaries.
Headings; Construction: The paragraph titles used herein are for convenience of the parties only and will not be considered in construing the provisions of this Agreement.
If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
(i) You acknowledge and agree that:
(a) this Agreement is concluded between Homecareaitech and you only, and not with Apple, and Homecareaitech and its licensors, and not Apple, are solely responsible for the App and the content thereof.
(b) your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
(c) the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
(d) Homecareaitech is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(e) Homecareaitech is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Homecareaitech sole responsibility;
(f) Homecareaitech, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App’s use of frameworks;(g) in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
(h) Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.