Moxiam Terms of Service
- Background, Description Of Services And Acceptance Of Terms.
These Terms and Conditions (“General Terms”) constitute a legally binding agreement between you and SmartHome4U Sweden AB with org. No. 559111-3195 (“SH4U”, “we”, “us” or “our”).
PLEASE READ GENERAL TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AND BY HAVING ACCESS TO OR USING THE SERVICE, YOU ACCEPT THESE GENERAL TERMS (“AGREEMENT”).
SH4U provides a web-based and application-based service (“Moxiam “) to consumers. Moxiam aims to improve the everyday life of its users by offering an opportunity for them to stay at home for as long as possible as the get older while offering peace of mind to their relatives as users of the Service. Moxiam offers a solution which collects information about how its user moves in their home and which notifies the relative of any incidents considered not normal. The Customer and the Resident choose who he wishes to be able to access the information through the Application. In this way, the App user should in turn be able to communicate better and be there for the Resident without always having to be physically present.
Moxiam uses its own Tools in the form of, among other things, sensors and a network lock (“Service Tools”) that are installed at the Resident´s home to collect information to enable the Service. The Service uses a mobile application to display information accessible to the App user (“Application”) and or via www.moxiam.com (“the Website”). Collectively the use and the installation of the Service Tools with the Application and/or Website create the service (the “Service”).
The agreement regulates your access to the Moxiam Service provided by SH4U to:
- A customer, a natural person who uses and orders the Service (“Customer”, “you”, “your” or “you”);
- A resident, a natural person who has the Service Tools installed in his or her home (“Resident”,”you”, “your” or “you”);
- An app user, a natural person using the Application (“App User”, “you”, “your” or “you”).
The Customer, the Resident and/or the App user can in some cases be one and the same natural person, but in other cases may be different natural persons.
All of these General Terms apply to you as the Customer and only clause 1-4 and 11-18 to you as the Resident and/or App User.
These General Terms are also available:
- as a downloadable version the Website;
- upon request, emailed to by contacting: email@example.com;
- upon request, posted to you by contacting: firstname.lastname@example.org.
2. Change Of Conditions
SH4U reserves the right to change or make additions to these General Terms at any time. Any changes will take effect no earlier than two (2) months after:
You have been notified of the change vi your registered email address; or
The change has been published on the Website; or
You have been informed of the change in another way.
All changes that are a significant deviation from the General Terms require your consent.
3. Processing Of Personal Data
4. The Service
The Service requires that the Service Tools are installed in the Resident’s home. Via the Application, the App User can follow the behavior pattern of the Resident at the Resident’s home. The Application (iOS and Android only) can be downloaded from the App Store or Play Store.
SH4U has the right to implement updates and new versions of the Service to the extent that SH4U deems appropriate. SH4U also has the right, without prior notice, to make changes in the Service or in the manner in which the Service is provided.
5. Registration Of Customer Account
In order to use the Service, the Customer must register an account on the Website (“Customer Account”) and accept these General Terms.
The Customer Account is personal. The request to subscribe or unsubscribe from the Service is linked to the e-mail address associated with the Customer Account. The Customer account cannot be assigned to another party. You may create and use one (1) Customer Account per set of Service Tools. If you wish to link several Customer Accounts to the Service Tools within the Application, you can send a request to email@example.com or fill in a form on the Website. The Customer Account remains active until:
- The Customer deletes his Customer Account and terminates his subscription to the Service; or
- SH4U shuts down the Customer Account if Customer violates these General Terms; or
- The Service is shut down by SH4U.
6. Payment And Subscription Model
The fee associated for subscribing to the Service stated on the Website and are subject to a subscription model choosen prior to purchasing the Service. Subscription can be paid as a one (1) time fixed binding period fee of twelve (12) months or on a non-fixed basis. Payment is made according to the instructions on the Website.
All fees are stated in Swedish Kronornd includes value added tax (“VAT”). SH4U reserves the right to change the fees associated with the Service on the Website at any time without prejudice to fees previously accepted by SH4U. Fee increases relating to a current subscription will be made with at least two (2) months’ notice.
Please note that the fixed subscription must be canceled at least one month prior to the end of the term of the fixed subscription, twelve (12) months. Otherwise, the fixed subscription continues for another term of twelve (12) months. We will notify you two (2) months before your fixed subscription expires.
You may cancel the non-fixed subscription of the Service at any time with a thirty (30) days notice period. Please note that if your subscription for the Service is associated with an increased monthly fees, for example for payment of the Service’s Tools, SH4U has the right to charge the Customer the remaining amount via a one (1) time fee upon termination.
Receipt for any payment in relation to fees will be sent digitally to your registered e-mail address.
SH4U offers the Service and the Service Tools for delivery to all Customers where they are located and the Service is available. The Service Tools are delivered to a physical delivery address that the Customer has entered during the ordering process, which must be where the Resident has their permanent or temporary residence. An order is made via the Website for delivery to a person over eighteen (18) years of age and with a valid e-mail address and telephone number. The order must be confirmed by e-mail from the e-mail address provided.
Delivery time may vary and the delivery date is subject to changes based on capacity the of SH4U. Separate orders must be placed for different delivery address.
The Service Tools must be installed in accordance with the enclosed instructions and be connected to the electricity grid and an active internet connection. After installation, you need to send an email to firstname.lastname@example.org to register the Service. An invitation will be sent to the App User with login details after registration. The Service Tools will register and “learn” the Resident’s movement pattern in the home for the first fourteen (14) days of the installation (“Learning Period”). After this Learning Period, the Service is in operation and can then recognise deviations from the Resident’s “normal” behavioral patterns.
SH4U guarantees that the Service Tools will function in accordance with the operating instructions and product information when correctly installed and used. The warranty period is valid for twelve (12) months after the delivery date. This warranty is limited to the technical performance of the Service Tools and not the Service as such or the Application and or its availability. All additional warranties are hereby excluded.
If the performance functions of the Service Tools are within the parameters set out above and do not work or no longer work as described, SH4U shall at its own expense and at its own choice either:
- Deliver new identical or similar Services’ Tools; or
- Repair the Service Tools; or
- Upon return of the Service Tools refund your payment minus a fee for use until the date of return.
To make a claim under warranty, send a message to email@example.com stating your order number and delivery date.
10. Right of Withdrawal
The Customer has a fourteen (14) day right of withdrawal. To exercise your right of withdrawal, you can use and follow the instructions in the form available on the Website. You have, after you announced that you regret your purchase, fourteen (14) days to return the service’s tools to SH4U from the date of purchase. The Service Tools must be returned in the original packaging, including all accessories such as cables, antennas and documentation. Fourteen (14) days after receipt of the Service’s Tools by SH4U, your payment will be refunded by SH4U.
11. Intellectual Property Rights
SH4U and its licensors, own all rights, including intellectual property rights in the Service and the Service’s tools, including but not limited to process, methods, software and design. You do not receive any intellectual property rights in the Service or the Service tools or any of the material created within the Service. This means, among other things, that SH4U and its licensors, continue to own all of their intellectual property rights and trademarks including but not limited to any copyrights, design protections, trademarks and other registered and unregistered rights. Nothing in these General Terms shall be construed to transfer any or all of these rights to you in whole or in part.
You may not copy, reproduce, sell, license, distribute, deconstruct, reverse engineer, modify, decompile or otherwise make changes to the Service or the Service Tools, nor make the Service or the Service Tools, or parts thereof, available to anyone else than expressly stated in these General Terms.
All content on the Website and in the Application such as texts, graphics, logos, buttons, icons, audio files and software belong to SH4U and its licensors. Any unauthorized use or distribution of the content that risks violating applicable law or these General Terms may be subject to legal action.
The Service is provided “as is” and “as available” and you understand that the Service is limited to the type of features or characteristics in the condition as provided on the Service at the time you use it. SH4U makes no warranties, express or implied, of any kind or other obligations regarding suitability, quality, reliability, expediency, infringement of any third party’s intellectual property rights including, but not limited to, the Service, or its content. SH4U is not responsible for the activity that takes place in the Service or such information that is available to you through the Service.
The Service will not be available at all times or without interruption and or stopage. The Service may be unavailable for various reasons including, but not limited to, interruptions of the internet or telephone connection or as a result of viruses, errors or defects. We may also suspend the Service temporarily or permanently and or restrict its use, without prior notice if we deem this necessary. SH4U is not liable for any damage due to the Service being unavailable (temporarily or permanently) or if it becomes unavailable during use.
The Service is not intended to be a diagnostic system, or compensate for healthcare or patient monitoring. The Service does not process health data and the Service can therefore only be seen as an indicator of when the Resident’s everyday pattern deviates from a fixed routine.
13. Limitation of liability
SH4U’s total liability in relation to direct damage or loss (regardless of how the damage or loss was caused, including damage or loss caused by negligence) arising during or in connection with these General Terms shall be limited to three (3) times that of the base price amount, at the time of the damage occurring, unless otherwise provided by mandatory law.
In order to be able to asses your claim, your claim for compensation must be made within a reasonable time, thirty (30) days, from the time the damage was discovered or should have been discovered.
SH4U shall not be liable in any event for indirect damage or loss arising under or in connection with these General Terms, including but not limited to loss of and/or damaged data or information, or infringement of third party intellectual property rights, loss of income or expected savings, or other costs that directly or indirectly depend on:
- Yours or others’ installation and use of the Service; and
- The information contained in the Service.
This applies regardless of how the damage or loss was caused (including damage or loss caused by negligence) and whether the damage was foreseeable or not within these General Terms (even if SH4U was informed of the risk of such damage or loss).
You accept that all communication from SH4U, including but not limited to messages and other information related to the Service and/or General Terms may be done electronically.
These General Terms are drawn up in English and communications between you and SH4U must be made in English or Swedish if the Service is taking place in Sweden. Messages from each party can be delivered in person or by courier, registered letter or e-mail to the address most recently notified in writing by the other party.
SH4U’s contact information:
SmartHome4U Sweden AB
SE-411 05 Gothenburg, Sweden
Phone Number: 010-888 73 66
Email Address: firstname.lastname@example.org