Terms of Service

Please read these Terms and Conditions (“Terms of Service”, “End User License Agreement”, “EULA” or “Terms of Use”) carefully before using the SeizAlarm Application,  SeizAlarm, SeizAlarm App or the SeizAlarm Seizure Detection Application (together, or individually, the “Service” or “Services”) operated by SeizAlarm, LLC (“us”, “we” or “our”).

The SeizAlarm Seizure Detection Application, when monitoring is enabled, alerts caregivers a help request (phone call, text message, email or any combination of these) if a potential seizure is detected either via erratic seizure-like motion and/or a low or elevated heart rate if heart rate based detection is enabled.  Users can also request help via the use of the manual help buttons on the Watch or the iPhone application.  The SeizAlarm application is intended to be used on Apple devices (Apple iPhone, Apple Watch) .

New accounts receive a 2-week commitment-free trial of the “Help Request” service which allows the user to manually or automatically (via seizure-like motion or heart rate detection) request help from emergency contacts.  Once the trial ends, the user must subscribe to the “Help Request” service to continue to have the ability to request help.  The “Help Request” service is an auto-renewing cost of $17.99/month or $179.99/year in US Dollars. Prices could increase in the future due to rising operating costs. SeizAlarm uses Apple’s built-in subscription system and because of this we do not handle transactions nor do we store any billing related data.  The payment will be charged to the user’s iTunes Account at confirmation of purchase.  Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.  Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s iTunes subscription manager after purchase.  No cancellation of the current subscription is allowed during the active subscription period.  Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication.  The robust seizure log features require no subscription.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service and you should close the SeizAlarm website and/or exit the Application immediately.

1. LICENSE

The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor (“Application Provider”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”

1.1. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iOS device that You own or control and as permitted by the Usage Rules set forth in Apple App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iOS device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

1.2. Termination: The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

1.3 App Store: You acknowledge and agree that the availability of the Services is dependent on the third party from which you received the Mobile App, e.g., the Apple iTunes store (“App Store”). You acknowledge that this Agreement is between you and SeizAlarm and not with the App Store. SeizAlarm, not the App Store, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Store. You acknowledge that the App Store (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right to enforce this Agreement.

2. CONSENT TO USE OF DATA

2.1. You agree that Application Provider may collect and use technical data (accelerometer, gyroscopic & heart rate) and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You or your emergency contacts, to improve its products or to provide services or technologies to You.

2.2. Services; Third Party Materials: The Licensed Application may enable access to Application Providers and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

3. PHONE CALLS, TEXT MESSAGES and AUTOMATED EMAILS

SeizAlarm provides a fee based service (at our sole discretion) in which SeizAlarm attempts to initiate contact with your listed emergency contacts via phone call, text message, email or any combination of these based on user settings. You agree that SeizAlarm can not be held responsible if an emergency contact is unable to receive help request calls or text messages initiated by SeizAlarm, or if help request emails are marked as spam. You agree to inform selected emergency contacts before setting them up within the SeizAlarm App. You acknowledge that emergency contacts may be charged by their phone service carriers for calls placed to them, or text messages sent to them, initiated by SeizAlarm. SeizAlarm will not charge your emergency contacts, but SeizAlarm shall not be responsible for any charges your emergency contacts incur from receiving phone calls or text messages initiated by SeizAlarm.

You acknowledge that when you add an emergency contact’s phone number within the app, they are sent a email asking them to opt-in if they would like to receive help requests from you. If they opt-in by clicking the opt-in button within the opt-in email, only then, will help requests via text be sent to them if a potential seizure has been detected. SeizAlarm can not be held responsible for the non-delivery of text messages if the contact does not opt-in to receive text messages.

You acknowledge that emergency contacts can opt-out at any time by simply responding with “STOP” to any message received from SeizAlarm to no longer be contacted via text.

4. INDEMNITY

You agree to indemnify and hold SeizAlarm, its founders, executives, agents, independent contractors, employees, parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless from and against any and all claims, losses, damages, claims, judgments, penalties, interest, tax assessments, and expense arising from any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity arising out of (i) your use of the Services, (ii) your User Content, or (iii) your violation of this Agreement. SeizAlarm reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SeizAlarm. 

5. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL APPLICATION PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ALL INFORMATION CONTAINED ON THE SERVICES (INCLUDING THE WEBSITE AND MOBILE APP), INCLUDING MEDICAL INFORMATION, LOCATION INFORMATION, ALERTS SENT TO CAREGIVERS IS ONLY FOR CAREGIVERS INFORMATION AND NOT TO BE PERCEIVED AS A COMMUNICATION ON YOUR BEHALF. SEIZALRM DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISTAKES IN THE OPERATION OF THE ALERT AS IT MAY PERTAIN TO YOUR HEALTH OR OVERALL WELLBEING. SEIZALARM ALSO DOES NOT ASSUME ANY LIABILITY DUE TO A FALL OR A SEIZURE, THE SERVICE IS SIMPLY PROVIDED TO ALERT YOUR DESIGNATED REPRESENTATIVES, NOT TO GIVE SPECIFICS ON THE SEVERITY OF ANY SUCH ACCIDENT OR FALL.

YOU UNDERSTAND NO ACCESS IS PROVIDED TO EMERGENCY SERVICES BY USING THIS APPLICATION, WHICH ALSO INCLUDES NO 911 SERVICE. THIS SERVICE IS TO BE USED AS A CONVENIENCE TO YOU AND YOUR EMERGENCY CONTACTS AND THERE IS NO GUARANTEE THE SYSTEM WILL WORK RELIABLY DUE TO SEVERAL UNCONTROLLABLE VARIABLES, WHICH INCLUDES BUT IS NOT LIMITED TO: LACK OF PHONE OR INTERNET SERVICE, INABILITY TO ACQUIRE A GPS SIGNAL AND THEREFORE A GPS LOCATION OR USER CONTROLLED SETTINGS ON YOUR DEVICES.  THIS APPLICATION DOES NOT CONVERT YOUR IPHONE OR APPLE WATCH INTO A MEDICAL DEVICE NOR DOES THE APP OR SERVICE HAVE FDA CERTIFICATION.  THE SERVICE ALSO DOES NOT PREDICT OR PREVENT SEIZURES.

IN ADDITION TO ALL OTHER LIMITATIONS IN THIS AGREEMENT, SEIZALARM DOES NOT CLAIM ANY LIABILITY ON THE LOSS OF SERVICE DUE TO DOWNTIME IN THE OPERATION OF THE SERVICES.

6. WARRANTIES

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7. MISCELLANEOUS

7.1 SeizAlarm reserves the right to alter or add to the terms of this Agreement at any time, and to delete, discontinue, change, or impose conditions at our sole discretion on any feature or function of the SeizAlarm App, SeizAlarm App Services, with or without notice that we determine to be reasonable in the circumstances, including such notice on our website at www.seizalarm.com or any other affiliated website maintained by us. You are responsible for providing us with your valid email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

7.2 You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

7.3 Third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iOS device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

7.4 The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

7.5 The laws of the State of Florida, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

7.6 Any questions, complaints, or claims about this Agreement should be sent to: contact@seizalarm.com.