Terms of Use

PLEASE READ THESE TERMS CAREFULLY

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.

IMPORTANT NOTICE: EMERGENCY SERVICESCalling Bear is a wellbeing monitoring and check-in tool utilising a Failure-to-Respond (FTR) protocol to detect potential unresponsive user scenarios.What Calling Bear is NOT:Not a Life-Safety Device: It is not a monitored medical alarm or a "red button" system.Not a Substitute for Professional Care: It should not replace regular visits from healthcare professionals or designated caregivers.Not a Connection to Emergency Services: Calling Bear does not guarantee a response from, nor does it automatically alert, the police, ambulance, or fire services. In A LIFE-THREATENING SITUATIONIf you or the person you are monitoring is in immediate danger or requires urgent medical attention, always contact emergency services directly.

Who we are and what this agreement does

We The Calling Bear B.V. of Tulpstraat 39, 4101 GJ, Culemborg, Gelderland, Netherlands (we, us, our) grant you a licence to use in accordance with these terms:

The Calling Bear mobile application software (the App), the data supplied with it, and any updates or supplements to it.

the related online documentation found on the App or on our website (the Documentation).

the service which you use via the App , which is to detect potential unresponsive user scenarios (the Service). The Service prompts the Primary User to respond to an alert at a scheduled time; failures to respond to an alert are then notified to the Primary User's Contacts, in the order set up the primary user in the App.

How alerts work; important limitations

Alerts are delivered by push notification to Contacts' devices. Delivery of alerts depends on factors outside our control, including (without limitation): internet connectivity, mobile network/Wi-Fi availability, device power/battery, operating system settings, notification permissions (including "Critical Alerts" where applicable), Focus/Do Not Disturb modes, accessibility settings, and whether the App is permitted to run in the background. You are responsible for ensuring that the Primary User's and Contact's devices are compatible, charged, connected, and configured to allow notifications from the App at all times.

Defined terms

To make them easier to read, in these terms we use the following definitions:

"Primary User" - the individual who is prompted to respond to alerts by the App.

"Contact" - an individual who will be notified via the App if an alert has not received a response by the Primary User.

"Subscriber" the Contact who is setting up the App and Service for the Primary User, and who is responsible for paying the Subscription Fees.

"Subscription Fees" the charges for the use of the App and the Service, as set out when you download the App.

Status of these Terms

These Terms form a contract between us and the Subscriber in relation to their purchase of the subscription for the Service.

The Primary User and any other Contacts are not parties to that contract but they must still use the App in accordance with these Terms.

The Subscriber confirms they have the Primary User's permission and lawful authority to set up monitoring and to share alerts with Contacts, and that they have the permission of the other Contacts to add them as Contacts.

Where to find information about us and our services

You can find everything you need to know about us, The Calling Bear, and our services on our website before you order (www.callingbear.com). We also confirm the key information to you when you order, in our welcome email to you and in your Account. If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at contact@callingbear.com.

Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy notice and it is important that you read that information.

Other terms that may apply to you

The following documents also form part of these terms: Our Cookie Policy, Privacy Notice & Important Notice.

App Store's terms also apply

Whilst we are responsible for the support of the App and the Service, the ways in which you can download, purchase and use the App, the Service and the Documentation, together with procedures in relation to refunds and cancellation, may also be controlled by the Apple Store and Playstore's rules and policies, depending on which one you used to access and download the App.

Apple App Store acknowledgements

If you downloaded the App from the Apple App Store, the following applies:

Acknowledgement. You acknowledge that these Terms are concluded between you and us only, and not with Apple Inc. or any of its subsidiaries ("Apple"). We, not Apple, are solely responsible for the App and the Service and the content of these Terms.

Scope of licence. The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control and as permitted by the Apple Media Services Terms and Conditions and the Apple App Store's usage rules, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where permitted by Apple's terms.

Maintenance and support. We are solely responsible for providing maintenance and support services with respect to the App and the Service as set out in these Terms (or as required by applicable law). You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Product claims. You acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (without limitation):

(a) product liability claims;

(b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and

Intellectual property claims. You acknowledge that, 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, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-party beneficiary. You acknowledge and agree that Apple (and Apple's subsidiaries) are third-party beneficiaries of these Terms.

Operating system requirements

This App requires an Apple or Android mobile phone with a minimum of 100MB of free memory and the iOS operating system version 18.0 or later or the Android operating system Version 12.0 or later.

Subscription Purchases

Subscriptions are purchased through the Apple App Store or Google Play (each an 'App Store'). Subscriptions are monthly, and auto-renew until cancelled. The App Store will process your payment, manage renewals and provide you with a purchase confirmation. The first payment is taken when you download the App (or at the end of any free trial period, if applicable).

Free trial periods, where applicable

We may offer a free trial. The length and availability of any free trial will be shown to you in the Apple App Store or Google Play at the point of purchase. Unless you cancel before the end of the free trial, your subscription will automatically convert at the end of the free trial to a paid monthly subscription and the App Store will charge the monthly subscription price shown at the point of purchase.

Auto-Renewal

Unless you cancel in accordance with the App Store's cancellation process, subscriptions renew automatically at the end of each month.

How to cancel

You can cancel at any time via your App Store subscription settings. Deleting the App or your profile does not necessarily cancel your Subscription.

Refunds

Refunds are handled by the relevant App Store in accordance with its policies, unless applicable law requires otherwise.

We're not responsible for delays outside our control

If our supply of the Service is delayed by an event outside our control, such as network failure, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team on contact@callingbear.com to end your subscription and receive a refund for any prepaid Service.

You have a legal right to change your mind

If you are a UK consumer, you may have a legal right to cancel within 14 days. Where the Service is supplied immediately and you request or consent to immediate supply, you may lose that right. The App Store purchase flow may ask you to acknowledge this.

You have rights if there is something wrong with your service

If there is something wrong with the App or the Service, please contact us at contact@callingbear.com.

You have various legal rights in relation to issues, which can be subject to certain exceptions. For example, you can ask us to repeat or fix the Service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights as set out above (for example, between Primary Users and Contacts, and as a result of Apple Family Sharing), you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Licence restrictions

You agree that you will:

except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

is not used to create any software that is substantially similar in its expression to the App;

is kept secure;

is used only for the Permitted Objective; and

comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must:

not use the App or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Service or any operating system;

not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service;

not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

We can change the App, the Service and these terms

Changes we can always make. We can always change the Service:

to reflect changes in relevant laws and regulatory requirements; and

to make minor technical adjustments and improvements, for example to to improve performance, enhance functionality, reflect changes to the operating system or address a security threat. These are changes that don't affect your use of the Service.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service. A refund right may apply.

Changes we can only make if we give you notice and an option to terminate. We may also make other types of change to the Service or these terms, but if we do so we'll notify you and you may cancel your Subscription via the App Store. If you are entitled to a refund, this will be handled by the App Store in line with its policies, subject to your statutory rights.

We can suspend supply (and you have rights if we do)

We can suspend the supply of the Service. We do this to:

deal with technical problems or make minor technical changes;

update the Service to reflect changes in relevant laws and regulatory requirements; or

make changes to the Service (see above).

We can withdraw the Service

We can stop providing the Service. We will let you know at least 14 days in advance and refund any sums you've paid in advance for the Service at the point of termination.

We can end our contract with you

We can end our contract with you for the Service and claim any compensation due to us if:

you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due;

you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Service:

You must stop all activities authorised by these terms, including your use of the App and the Service.

You must delete or remove the App from all devices in your possession.

We may suspend or terminate your account and access to the Service.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. Our liability to you for foreseeable loss or damage shall not exceed the greater of the fees that you have paid for the year in which the loss or damage has been incurred or 1000.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. The limit above shall not apply to death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. For the avoidance of doubt, our duty of care is limited to the functionality of the App to transmit alerts; we provide no guarantee of the status or functionality of the device, its network connection, or a physical response by third parties.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Service. The App and the Service are provided to help to give the Primary User a dignified way to check-in with their Contacts. The effectiveness of Service is directly proportional to the check-in frequency selected by the Primary User. We accept no liability for the duration of an undetected "Long Lie" event resulting from infrequent scheduled contacts. It is not a substitute for close monitoring or surveillance such as CCTV or floor sensors. Neither is it a substitute for the appropriate level of care, physical response or, the emergency services. The App and the Service do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service meet your requirements.

We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received.

You have several options for resolving disputes with us

Resolving disputes without going to court. If you are a UK consumer and we cannot resolve a dispute with you directly, we will inform you by email of an approved ADR provider and whether we are willing to use their services. We are not obliged to participate in ADR and may choose not to do so. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are an EU consumer you can submit a complaint to RetailADR or De Geschillencommissie via their websites at www.retailadr.org.uk or www.degeschillencommissie.nl. They do not charge you for making a complaint and if you're not satisfied with the outcome you can still go to court.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under these terms.

You can only transfer your contract with us to someone else if we agree to this.

Nobody else has any rights under hese terms. Only you and we can enforce these terms and neither of us will need to ask anybody else to sign-off on ending or changing the contract in place between us.

If a court invalidates some of these terms, the rest of them will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing, we can still enforce. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn't mean we can't do it later.

These terms may have changed since you last reviewed them

For a list of changes and when they were made, see here.

Version number and date of these terms

Version number: 1.0

Effective date: [ ]