Part I - GENERAL CONDITIONS
I. Definitions
Application it is a web application developed by SILVER technologies D.o.o., Avenija Dubrovnik 15, 10000 Zagreb, VAT: 72359638540, info@silvermonitor.eu ("SILVER MONITOR"”, which consists of a graphical interface accessible from your smartphone and computer, through which you interact with the various functionalities provided by the application, allowing you to record, store, access and use your data generated using products and services designed by SILVER MONITOR https://silvermonitor.eu/.
Website the Website is available on: https://silvermonitor.eu/
User means consumer any person who has a user account.
Authorized user is a legal person, such as a nursing home or a legal person providing health services, that has contracted services with SILVER MONITOR, offering them to its users within its services.
Consumer means any natural person acting for personal and non-commercial purposes and not covered by his commercial, industrial, craft, professional or agricultural activity.
User account means a user's personal account that allows them to log into the application in an authenticated and secure manner.
Product applies to all connected SILVER MONITOR hardware devices.
Service all digital content available on the website https://silvermonitor.eu/ with a user account. Services consist of:
* Creating a user account;
* Provide a graphical representation of data obtained using the product through the SILVER MONITOR application;
* Providing users with information about SILVER MONITOR activities , promotions, special offers, and new features about SILVER MONITOR products and services.
Contract means any contract concluded between SILVER MONITOR and you/the consumer or an authorized user on the basis of an order confirmed by SILVER MONITOR, after opening the authorized user profile and paying for SILVER MONITOR products and services. A contract with an authorized user means any contract concluded with a legal person, such as a nursing home or a legal person providing health services, with the intention of using the system – applications and devices, including but not limited to a smartwatch (“device”), for its users and the provision of services within its services to users, with the payment of the agreed price to SILVER MONITOR.
Long-distance contract is a contract concluded between SILVER MONITOR as the seller and the user within an organized system of selling or providing services without the simultaneous physical presence of SILVER MONITOR and the consumer in one place, whereby only one or more means of remote communication are used until the conclusion of the contract and for the conclusion of the contract.
Purchase contract means a contract by which SILVER MONITOR as the seller transfers or undertakes to transfer to the user or authorized user the goods into ownership, and the user pays or undertakes to pay SILVER MONITOR the price, including any contract that simultaneously has the goods and services.
Contract concluded outside of business premises is an agreement between SILVER MONITOR as the seller and the user: (I) concluded with the simultaneous physical presence of SILVER MONITOR and the user in one place that does not represent the SILVER MONITOR business premises, even if the user has made an offer, (ii) concluded in the silver MONITOR business premises or by means of remote means immediately after SILVER MONITOR has accessed the user personally and individually in a place other than his business premises, in which SILVER MONITOR and the user were physically present at the same time.
All of the above terms have a neutral gender meaning. Terms involving the singular form also include the plural (and vice versa).
For consumer contracts, in the event of a disagreement between the definition used in these Terms and the legal definition of a particular term, a more favorable definition for the User shall apply. All terms in these terms that are not explicitly defined shall apply to the scope of the legal definition of a particular term referred to in the Consumer Protection Act (“ZZP”).
No provision of these general terms and Conditions shall be construed in such a way as to reduce and/or limit the rights of consumers granted by the applicable regulations.
In accordance with the general regulations, the user can only be an adult and fully capable natural or legal person. The contract on behalf of and for fully/partially legally incapacitated persons may be concluded by their legal representatives. The seller bears no responsibility for any action contrary to this provision.
These general terms and conditions are drawn up in accordance with the JCE, the Electronic Commerce Act, the compulsory Relations Act and the Trade Act.
SILVER MONITOR excludes any liability for any disputed issues that may arise because the user has not read and/or understood these general terms and conditions.
II. APPLICATION OF GENERAL CONDITIONS
2.1. Contract. These general terms and conditions between you (hereinafter “user”, “you”, “Consumer”) and SILVER MONITOR, SILVER technologies d.o.o., Avenija Dubrovnik 15, 10000 Zagreb, OIB: 72359638540, info@silvermonitor.eu (hereinafter referred to as” SILVER MONITOR “or” we “or”seller").
2.2. Content. The general terms and conditions of SILVER MONITOR include:• these general terms and conditions (1. part) * general terms of sale (2. part) * general terms of use (3. part) Products and services are used in accordance with the terms of Use and these general terms and conditions.
2.3. Purpose. The purpose of the general terms is to establish the terms of sale and use of products and services. The general terms and conditions contain important information about your rights and obligations.
2.4. Confirmation that you are familiar with the general conditions.
a. Sales. You hereby acknowledge and warrant (i) that you have received and read these general terms and conditions, (ii) that you will only use the related health products and services provided by SILVER MONITOR for personal and non-commercial use, (iii) that you are of legal age or authorized under the laws of your country of residence to contract with us; (iv) that an order on the Website will be construed as unreservedly accepting these general terms and conditions, to which you will have access prior to the payment of your order and which you have read and accepted; and (v) that you are fully informed that ordering on the website implies your obligation to pay for the ordered products and services.
b. Usage. The use of products and services requires your prior unreserved acceptance of these general terms and conditions. General conditions by marking the framework provided for this purpose when creating your User Account. You can access the current general terms and Conditions available on our website at any time.
2.5. Duration. These general terms and conditions are valid after their adoption, for the entire period during which the products and services are used. They apply to any modification of products and services, any new version, service or functionality of our products and services, regardless of how they are accessed.
2.6. Changes. We may modify the general terms and conditions, in particular to adapt to changes in legal as well as product and service development. In this case, we will notify you as soon as possible on the first page of the website and / or on the ‘My Account’ tab of the web application or by e-mail. Any new use of products and services after notification and publication of a new version of the General Terms constitutes acceptance of such new general terms.
III. Communication
3.1. When you write to us. If you have any questions or inquiries regarding the Application, Products and / or services and any related notices, please send us a message via the contact form on our website. We will contact you as soon as possible.
3.2. When we write to you. By using the services, you agree that most of our communication will be exchanged electronically, and we will provide you with notifications by posting in the app or sending an email, and in exceptional situations we may call you at the contact number. It is your responsibility to regularly check your emails so that we can contact you at any time. Notifications are deemed to have been sent on the day of their publication on our website.
3.3. Evidence. All our communications made via app or sent by e-mail, as recorded in SILVER MONITOR's systems and stored on the storage medium, in accordance with applicable standards, are deemed reliable and will be considered authentic by the parties until proven otherwise.
3.4. SILVER MONITOR DOES NOT PROVIDE MEDICAL DIAGNOSIS., IT DOES NOT PRESCRIBE THERAPIES, NOR ISSUE PRESCRIPTIONS OF ANY KIND. ALL DATA PROVIDED ON THE SILVER MONITOR WEBSITE OR IN CONNECTION WITH ANY FORM OF COMMUNICATION SUPPORTED BY SILVER MONITOR IS FOR THE PURPOSE OF SERVING EXCLUSIVELY AS GENERAL INFORMATION , TEI NOR IN ANY WAY INTENDS TO ESTABLISH A DOCTOR-PATIENT RELATIONSHIP AS DEFINED BY STATE LAW. SILVER MONITOR IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR THERAPY. RELYING ON ALL INFORMATION PROVIDED BY SILVER MONITOR MEANS THAT YOU ASSUME THE SOLE RISK OF RELYING ON IT.
Part 2. GENERAL TERMS AND CONDITIONS
I. PRODUCT AND SERVICE OFFER
1.1. Description. Every product and service on the SILVER MONITOR website has a description. Only our published materials contain approved descriptions, specifications, features and prices. You are responsible for checking whether these products and services meet your needs.
1.2. Offer. Sales offers on the SILVER MONITOR website are valid as long as the inventory lasts or until the expiration date. Before completing your order, you can apply one discount code or gift card code. Multiple codes cannot be combined. The final price reflects all applicable discounts.
II. SUBSCRIPTION OFFER
2.1. Services provided by subscription. Your subscription to SILVER MONITOR begins (I) on the day the product is installed if you receive a free trial as part of the purchase of the device or (ii) on the day the subscription is purchased regardless of the free trial. This subscription commits you to an initial contract period of fixed duration, unless otherwise stated, which is the period specified in the order form.
2.2. Right to free trial. SILVER MONITOR exclusively specifies the eligibility criteria for a free trial for a SILVER MONITOR subscription. People who have not subscribed to SILVER MONITOR within the last twelve (12) months are eligible for a free trial.
2.3. The billing cycle. SILVER MONITOR subscriptions are charged on a specific date, as indicated on https://silvermonitor.eu/. If you had a free trial, the charge starts after it ends. The payment is monthly or annual based on the selected plan. Payment dates may vary if there are problems with payment processing, changes in the billing cycle or non-standard start dates. SILVER MONITOR will automatically charge your payment method, which may cause fees or local taxes. Contact your payment service provider for details.
2.4. Updating the payment method. You can change the payment method by visiting the subscription management website available at: https://silvermonitor.eu/. After each update, you authorize us to charge for such a new payment method.
2.5. Break-up. You are free to terminate your SILVER MONITOR subscription at any time. You will have access to the service until the end of the paid billing period. Payments already made cannot be refunded if you have not been sent automatic renewal data, as mentioned above. In this case, you can cancel the subscription free of charge at any time from the renewal date. Payments made after the last renewal date or, in the case of indefinite subscriptions, after the conversion date from the initial fixed-term subscription, in this case, returned within thirty (30) days from the date of termination, less the amounts corresponding to that date, to the execution of the subscription services. In the absence of a refund for thirty (30) days, the amounts will bear interest at the legal rate. To unsubscribe, visit the subscription management website available at https://silvermonitor.eu and follow the cancellation instructions. The decision to cancel the subscription results in the termination of SILVER MONITOR's service, as well as all included features from the end date of the subscription. Your devices and all their features will continue to function normally. Also, if the subscription is cancelled before the agreed deadline, then it is necessary to pay the difference of the full price of the device, which is 130EUR. We will notify you by sending an annual e-mail about the terms of termination of your subscription.
III. Prices
3.1. Value the product and service. Prices do not always include shipping and shipping costs and do not include commercial warranty costs offered for some of our products. They are listed before the order confirmation and will be invoiced with the price of the ordered product.
3.2. Taxes are included. The prices listed on our website refer to the territory of the Republic of Croatia and include taxes and represent final consumer prices for the territory of the Republic of Croatia.
3.3. Currency. The prices displayed on the website may be offered to you in a currency that does not correspond to the currency of your country. We do not accept currency exchange fees. You should be informed about the fees and applicable rates when ordering, in particular regarding the payment method you wish to use that we offer.
3.4. Price changes. The prices we show you are subject to change at any time. Only the price shown on the summary page when ordering will be valid.
Eve. CUSTOMER IDENTIFICATION
4.1. Information about the order. To order, you must provide us with accurate and up-to-date information. This information allows us to complete and deliver the order. If you provide us with incorrect information, this relieves us of responsibility for the non-performance of the contract caused by this.
V. Orders
5.1. Delivery methods. If we offer you different delivery methods, you are responsible for choosing the one that will be charged at the displayed price. The selected delivery method applies to all products in your cart, with the price indicated for all products. If you want products to be delivered by different methods, you need to place multiple orders. Discount vouchers and gift cards do not apply to shipping costs.
5.2. Delivery price. To calculate the price of your order, the shipping cost will be added to your cart, and the total will show the price you will pay. Please note that this price does not include duties and taxes that you may have to pay in accordance with the legislation to which you are subject.
5.3. Select payment method. We will offer you several payment options. After selecting the payment method, you will be asked to fill out the form to identify the payment method you want to use.
5.4. Summary. To complete your order, we will provide you with a summary of your order information, allowing you to check the details of the order. Therefore, before you click the button to complete the order and confirm your consent, you will be able to change the billing address, shipping address, the desired delivery method and your selection of items in the cart.
5.5. Completion of the order. You acknowledge that ordering entails a payment obligation. Lack of payment prevents the establishment of a contract. SILVER MONITOR will send you an e-mail confirming the receipt of the order, its acceptance by SILVER MONITOR, your acceptance of the general terms and conditions and payment of the order, using the e-mail address you provided during the order.
You. Payment
6.1. Payment methods. We accept various payment methods including credit / debit cards, PayPal, Google Pay, Apple Pay, bank transfer and cash upon delivery. Card payments are processed through the payment gateway, so we do not access card data.
6.2. The legality of the transaction. Payments are processed by third-party platforms. We confirm orders to prevent fraud and may cancel them if detected, notifying you by email. If your order was cancelled by mistake, contact customer support.
6.3. Outstanding amounts. All unpaid amounts remain fully indebted to SILVER MONITOR. In the event of non-payment, SILVER MONITOR reserves the right to suspend access to the service until a valid means of payment is secured. Since the amounts will continue to be invoiced in accordance with the collection cycle without delaying other payment due dates.
VII. PRODUCT DELIVERY
7.1. Delivery terms In the absence of instructions indicating a different delivery date, we undertake to deliver the products within thirty (30) calendar days from the conclusion of the contract and payment of the order. Delivery is carried out through the transfer of physical possession and/or control of the product. Products will be considered delivered when (I) the delivery of the product is made to the address specified by you; or (ii) the product is activated in connection with the user account. Any risk of loss or damage to the products passes to you when you physically take over the products.
7.2. Receipt confirmation. You must be present at the address specified by you during the working hours of the deliverer specified by SILVER MONITOR or the carrier, and you must receive the products to verify the products delivered and immediately notify SILVER MONITOR, by e-mail, of any problems with the items delivered. Any complaint relating to an error or irregularity in service must be filed as soon as possible.
7.3. Re-delivery. In the event of a return of the order, if delivery was not possible, and it is not our fault or the fault of the company we hired to perform the delivery, we may, without prejudice to other rights you have as a consumer, claim the costs necessary for the re-delivery.
7.4. Delay in delivery. You may terminate the contract if we do not deliver the products within thirty (30) calendar days of receipt of the order confirmation email and payment of your order, unless we have indicated a period longer than thirty (30) days in your order. However, before terminating the contract, you must ask us to complete the delivery within a reasonable additional period. The break-up can only occur if we fail to deliver within that deadline. Your termination of the contract must be carried out by a registered letter with a return letter or by writing in another durable medium. The contract will be deemed terminated when we receive a letter or other written notice informing us of such termination, unless your order has been delivered in the meantime. However, you may terminate the contract immediately if we do not comply with these deadlines and if compliance with the relevant deadline is an essential condition for you.
7.5. Refunds. If the contract is terminated according to the above terms, we will refund you all funds that you have paid, not later than fourteen (14) days after the date of termination of the contract.
VIII. RIGHT OF WITHDRAWAL
8.1. Right to unilaterally terminate the contract. The consumer may unilaterally terminate this contract, without giving reasons, within 7 days from the date of conclusion of the contract or upon receipt of it. The right to unilaterally terminate the contract begins from the day of delivery, i.e. from the day of personal receipt of the shipment.
8.2. Form for unilateral termination of the contract. In order to exercise the right to unilateral termination, the consumer must provide the trader with a written notice stating that he is terminating the contract (Appendix 2: form for unilateral termination of the contract under these general terms and conditions). The notice must be written in a durable medium and contain the information indicated below, and may be submitted as a letter sent by post or e-mail.
8.3. If the consumer exercises his right to unilateral termination, he will not bear any costs incurred in this regard, other than the direct costs of returning the product.
8.4. We can only make a refund after the product has been returned to us or after you have provided us with proof that you have sent the product back.
8.5. Confirmation of receipt of unilateral termination notice The Treaty on we will deliver to you without delay, by e-mail or by post. The right to unilaterally terminate the contract is excluded in the cases referred to in Article 86. As defined below (limitation of the right to unilateral termination).
8.6. Instructions for unilateral termination of the contract The purchase contract with the customer concluded outside the company's business premises, the consumer may unilaterally terminate within 7 days from the date of the delivery of the product to the customer, without specifying the reason. In order to exercise the right to unilaterally terminate this Agreement, you must inform us of your decision to unilaterally terminate the agreement within the specified time limit (and in any case before the expiry of that time limit), by sending an unequivocal statement by mail or e-mail in which you must state your full name, address and signature (if you send the statement by mail) or e-mail address (if you send the statement by e-mail, using the e-mail address you provided when opening the user account), and you may also use the accompanying example of the unilateral termination form listed below in these general terms and conditions. The deadline for unilateral termination is 7 days from the date on which the product which is the subject of the purchase contract was delivered to you or to a third party you have specified, other than the carrier.
8.7. Refund of the amount paid
We can return the money only after the product has been returned, unopened and in the original packaging or after you have provided us with proof that you have sent us the goods back and upon receipt of the unopened goods in the original packaging.
8.8. Product return
Return or deliver the product to us at: SILVER technology doo 10 000 Zagreb, Avenija Dubrovnik 15 without undue delay, and in any case no later than 7 days from the day you informed us of your decision to unilaterally terminate the contract. If you do not return the product within the specified period, we will consider that you have waived the right to unilaterally terminate the purchase contract. It is considered that you have fulfilled your obligation to return the product on time if you send or deliver the product before the stated deadline in the manner described above.
8.9. Consumer liability for impairment of goods
In the case of exercising the right to unilaterally terminate the contract, the consumer shall be liable for any impairment of the goods resulting from the handling of the product, except that which was necessary to determine the nature, characteristics and functionality of the product. Limitation of the right to a single termination. The precondition for unilateral termination of the purchase contract is that the product is not used and that the product is in the original packaging.
8.10. The consumer does not have the right to unilaterally terminate the contract if:
(i) the full fulfilment of the purchase contract for which the Consumer undertakes to pay the price and the fulfilment has commenced with the express prior consent of the consumer and with his confirmation that he is aware of the fact that he will lose the right to unilaterally terminate the contract referred to in this section if the service is fully fulfilled,
(ii) the subject of the contract is a product whose price is dependent on changes in the financial market outside the Trader's influence that may occur during the period of the Consumer's right to unilaterally terminate the contract; ,
(iii) the subject of the contract is goods which are made to the consumer's specification or which are clearly tailored to the Consumer,
Eve. and in all other cases provided for by the cap.
IX. AFTER-SALES SERVICE We will provide you with after-sales service information for any inquiries you have regarding our products.
X. LEGAL / CONSUMER COMPLAINTS AND COMPLAINTS
10.1. Legal guarantee. The seller must supply products that are in accordance with the contract and is responsible for any non-conformity present at delivery. To comply with the contract, the product must satisfy the following criteria:
corresponds to the description, type, quantity and quality, in particular with regard to characteristics, compatibility, interoperability or any other characteristics provided for in the contract;
* suitable for any specific use requested by the consumer, reported to SILVER MONITOR at the latest at the conclusion of the contract, and accepted by SILVER MONITOR;
* it is supplied with all accessories and installation instructions, which should be provided in accordance with the contract.
10.2. Notice on how to file consumer complaints
According to the JCE, consumers can file written complaints about purchased products or services. Send your complaints to SILVER technologies d.o.o., Avenija Dubrovnik 5, 10 000 Zagreb, or by e-mail info@silvermonitor.eu confirmation of receipt of the complaint will be sent immediately, and a written response within 15 days.
For complaints related to material defects, the product will be sent for inspection, and the consumer will be informed of the costs. Products that are not correct can be delivered to the seller's headquarters with a copy of the invoice and a description of the defect. The warranty terms are listed in the warranty sheet and the warranty does not cover damages from improper use or mechanical damage.
The user must inspect the product upon delivery and notify SILVER MONITOR of mechanical damage immediately. In case of defects after the expiry of the warranty, the user will be informed of the repair costs. Visible defects should be reported within eight calendar days, and the consumer must notify about hidden defects within two months. The cost of returning the goods is borne by the user.
10.3. The lack of material things
SILVER MONITOR is responsible for material defects of the product under the mandatory obligations Act. Liability shall apply for defects present in the transfer of risk to the user, including those caused by earlier causes. SILVER MONITOR is not responsible for defects known to the user when buying. In case of damage to the packaging, the user should refuse the product, inform the deliverer and request a refund. The user reports defects by submitting the order number, invoices, descriptions and photos of the defect. The hidden defect must be reported within two months of detection or immediately for trading contracts. Liability ceases after two years, and for commercial contracts after six months.
In case of material defects on the goods, the user has the right to request from the SILVER MONITOR:
a) remove the defect (either by repair if possible or by replacement),
b) for the delivery of another item without defect,
(c) a reduction in the price, or
d) declare that it terminates the purchase agreement. Anyway, according to the rules. The user reserves the right to compensation for damages, with the express exclusion of liability for compensation of lost profits in these terms. The user exercises these rights in accordance with the provisions of these general terms and conditions and applicable legal regulations.
10.4. Removing defects and handing over things without defects
The removal of defects shall be carried out in the manner provided for in this paragraph of these general terms and conditions. The delivery of items without defects is possible only in the event that the Authorized Service, through the procedure prescribed for the removal of defects and complaints, confirms the existence of a defect, and SILVER MONITOR has the same item without defects.
10.5. Price reduction
If the buyer requests a price reduction, the price is reduced in proportion to the difference between the value of the defect-free item and the value of the defect-free item. The value of the item/product is determined at the time of conclusion of the purchase contract.
In the event that SILVER MONITOR does not have the same item, the user, in his sole discretion, may use all rights that belong to him under the applicable regulations.
10.6. Guarantee
SILVER MONITOR offers a limited warranty on products. Details can be found in the accompanying certificate, which forms part of the conditions. The warranty applies with the original invoice and confirmation of shipment.
Warranty begins when purchasing the product: screen / screen: 2 years. Consumable parts such as batteries, cables are not covered.
XI. DATA PROCESSING
11.1. Data processing Protecting the privacy of customers is extremely important. We invite you to read our Privacy Policy – Privacy Policy – smart watch and web app for seniors. These rules define your rights.
XII. DISPUTE RESOLUTION
12.1. Contact us. You can address your complaint to our customer service by sending an email to address info@silvermonitor.eu
12.2. Out-of-court settlement. U slučaju spora između vas i SILVER MONITOR-a oko korištenja Proizvoda ili Usluge, strane će pokušati sporazumno riješiti problem prije pokretanja sudskog postupka. Ako niste zadovoljni našom podrškom, možete se obratiti Državnom inspektoratu putem njihove web stranice https://dirh.gov.hr/podnosenje-prijava/83 ili poštom na adresu Šubićeva 29, 10 000 Zagreb. Također, kao potrošač možete potražiti rješenje putem tijela za alternativno rješavanje sporova unutar Hrvatske ili EU.
XIII. GENERAL TERMS AND CONDITIONS
These terms of sale are an integral part of the general terms and conditions.
Appendix I THE CONSUMER COMPLAINTS FORM
Please fill out and send us this form if you want to pay the money.
Appendix II: form for unilateral termination of the contract
Part 3. GENERAL TERMS OF USE
1.1. Website. It is available at the address https://silvermonitor.eu/.
1.2. Availability.SILVER MONITOR strives to ensure the availability of services 24/7, but is not responsible for temporary unavailability or difficulties in access. In case of planned maintenance interruptions or changes, SILVER MONITOR will do its best to notify you in advance by posting.
1.3. Changes. SILVER MONITOR May, in its sole discretion, terminate, delete, modify or add services, permanently or temporarily. In this case, the SILVER MONITOR will notify users in advance. All new, modified or deleted features are subject to these general terms of use. The fact that you continue to use the services after such development constitutes acceptance of the changes and application of these general terms of use to such changes.
1.4. Third party services. Furthermore, you are solely responsible for checking all technical means that give you access to the services, for which you will bear sole responsibility.
II. HOW THE APP, SERVICES AND PRODUCTS WORK
2.1. Conditions for use. To access the web application, you will need a smartphone or web browser on your computer (“device”). The quality of your internet connection, as well as the speed and performance of your device, are essential conditions for optimal use of the application.
2.2. Proper use of the system. To order the service, register on our silvermonitor website.care by entering first name, last name, username and e-mail. After registration, you will receive an e-mail with a one-time password that you need to change immediately. After that, select products and services, and enter the necessary information about the Order (country, Address, City, postal code, phone and delivery address). Our system will guide you through the payment process. SILVER MONITOR does not process payment data, but uses an external system that only confirms payment execution. If you do not complete the registration within 30 days, your account will be deleted. After creating a user account, you will receive a link with access data to your email, which you need to change immediately. When applying, fill in additional information such as address, age, gender, diagnosis, pharmacotherapy and contact.
Add mobile numbers for SMS notifications about SOS Alarm. The device will activate, connect to your account and record your IMEI number. During operation, the device collects data (blood pressure, heart rate, oxygen saturation, temperature, activity and battery status) and sends it via 3G/4G networks or Bluetooth/wireless internet connection.
Authorized users enter into a contract in the same way as other users, independently linking the IMEI numbers of the devices they purchased with their own users and entering their personal data in order to provide the service to their users.
Premium service-if you contract a Premium service, the device allows GPS positioning solely for the purpose of triggering an alarm if the user passes through the geo fence. The system then records and displays the GPS position of the device for the next 24 hours. The geofencing service requires address information, and the alarm information is sent by SMS to the mobile phone numbers indicated as a contact.
2.3. Closing the user account.
(a) by the user. The user may request the closure of his user account at any time, without specifying a reason. We will continue to close and delete all data within 7 (seven) days.
B) SILVER MONITOR will delete inactive user accounts, which are accounts without logging in for more than six (6) months and without clicking on the link from the email during the same period. After the account becomes inactive, the user will be notified by email and has thirty (30) days to reactivate. If it fails to do so, the account will be automatically deleted without the possibility of recovery. Also, in case of serious violation of the terms of use or compliance with legal orders, SILVER MONITOR reserves the right to close the user account and delete the data without prior notice. In case of violation of the terms, the user account may be suspended for investigation. The user will be notified and invited to contact the SILVER MONITOR for further information. If the breach is not corrected within fifteen (15) days, the user will be notified of the account closure. Closing the account does not affect the possibility of claiming damages.
2.4. Consequences of deleting accounts. Regardless of the suspension or deletion of your account, the user remains responsible for his or her obligations under the other applicable general terms and conditions of SILVER MONITOR, which are still in force. After the user account is deleted, all user data is deleted.
2.5. Opening a user account. Opening a user account for products and services is required before using the application. User names are confidential and may not be disclosed to third parties. The user bears full responsibility for the use of his / her credentials, including cases where they are used by a third party. SILVER MONITOR is not responsible for compromising the user's identity. All actions taken from a user account are considered actions of the user. In case of loss or unauthorized use of credentials, the User undertakes to immediately notify SILVER MONITOR through the password recovery process by clicking on " forgotten password?"available via the "application" section.
2.6. Connection with the product. We link the product to the application when we register your payment for the product and services. This connection allows you to: * access your data through the application's graphical interface; * store your personal data on SILVER MONITOR servers.
2.7. Security of your user account. If you create an account, you must follow a set of necessary actions to disable third-party access to your account. The same applies to your email account password. In addition, don't forget to log out when using devices that are not yours. Please note that unauthorized access to your account may allow unauthorized access, modification and deletion of your data in the application. It is forbidden to use your account by a third party.
2.8. Restrictions on use. When using the application, it is prohibited to: •violate the general terms, laws, regulations or the rights of third parties; •conduct that may harm SILVER MONITOR, its partners or users; •enter false data; •interfere with the operation of the application or product; •download data by unauthorized methods; •circumvent the authentication methods used by SILVER MONITOR.
2.9. External sources. The website may contain hypertext links that redirect the user to third-party websites that SILVER MONITOR does not publish and over which it has no control. SILVER MONITOR cannot in any way be held responsible for the content posted on third-party websites or for any damage or loss arising from the browsing of those websites.
III. SERVICE GUARANTEES
3.1. Scope applied. In addition to the mandatory legal guarantees described in the general terms of sale, the services are provided on an “AS IS”, “AS AVAILABLE” and “to the extent available”basis. 3.2. Limitation of liability. SILVER MONITOR cannot be held responsible for (i) unavailability of the application, connection problems, any malfunction, interruption of Service, temporary interruption of service provision, prevention of access to the products and services or any of their functionality and consequences for the user, (ii) Any changes that SILVER MONITOR may make to the applications, products or services, (iii) use of the services and analyses obtained by the user, (iv) any claims, losses or damages caused by any error or omission in the data and information provided by the user, (c) any possible adverse consequences for the user or third parties from the use, analysis, interpretation or processing of purely indicative analyses by the user or third party. SILVER MONITOR shall not be liable for any direct or indirect damage, foreseeable or not, caused by their use or inability to use the services, in particular any moral, physical or material damage, including any loss of material, profit, savings, income, customers, loss of opportunity, business prospects, replacement costs for services or technology or loss of data suffered by the user, damage to reputation, damage to physical integrity and any proceedings brought against the user. Consequently, SILVER MONITOR will not be liable for compensation for such damages.
Eve. INTELLECTUAL PROPERTY
Applications, products, and services consist of elements such as text, interfaces, photos, graphics, logos, software, and other components. All components and their rights, including intellectual property, belong to SILVER MONITOR and its licensors and are protected by international and national laws. The structure, organization and codes are considered trade secrets and confidential information.
V. USER LICENSE
5.1. Compliance with the general terms of use. In accordance with your full compliance with the general terms and conditions, we grant you a personal, non-exclusive, non-transferable, unlicensed and revocable license, which SILVER MONITOR may revoke at any time in its sole discretion, to access and use the application, products or services. Your use of the app, product or service does not grant you any intellectual property rights in the app, product or services.
5.2. Limitations. It is prohibited to distribute, transfer rights, modify, translate, reproduce, resell, sublicense, lease, reverse engineer and decompile software from an application or product. No rights or licenses are granted to you other than those expressly set out in these Terms. Combining an application, product or service with other non-SILVER MONITOR software or hardware is not permitted.
5.3. Service restrictions
We do not provide medical advice. By accepting these general terms of use for users, you agree and acknowledge that the role of SILVER MONITOR is limited to the provision of services. Furthermore, you agree that:
* SILVER MONITOR under no circumstances provides diagnosis or treatment,
* The services are in no way intended to replace the independent clinical judgment of a qualified healthcare professional;
* The services are not intended to replace your relationship with a healthcare provider or treat serious, urgent or life-threatening medical conditions and must not be used in these circumstances;
* Information available through our services about health conditions, symptoms, medicines and treatment options is provided for informational purposes only. Never neglect or delay seeking advice from a qualified healthcare professional for information from our services. In case of an emergency medical problem, contact a specialist immediately.
You agree and confirm that your use of the app is limited to viewing your health information.