FallCall® Detect Terms and Conditions - US

FallCall Solutions, LLC
FallCall Detect
Terms and Conditions of Service
United States of America Version
Valid as of 08/22/2024

Welcome to FallCall® Detect, a communication application that sends an electronic “Call for Help” triggered by a user to paired Care Group members and an optional subscription Central Monitoring service that will provide communication with emergency medical dispatchers capable of activating local emergency response services.

IMPORTANT:

  • FALLCALL DETECT IS NOT A SUBSTITUTE FOR 9-1-1. FALLCALL SOLUTIONS RECOMMENDS THAT ALL FALLCALL DETECT SUBSCRIBERS WHO EXPERIENCE A POTENTIAL EMERGENCY ALWAYS BYPASS FALLCALL DETECT AND CONTACT 9-1-1 DIRECTLY.
  • FALLCALL DETECT IS ONLY INTENDED FOR USE IN THE 50 UNITED STATES OF AMERICA.
  • INDIVIDUALS WHO CONSIDER THEMSELVES “PATIENTS,” AS DEFINED AS A PERSON RECEIVING OR REGISTERED TO RECEIVE MEDICAL TREATMENT, SHOULD CONSIDER ASKING THEIR PHYSICIAN IF FALLCALL DETECT IS RIGHT FOR THEM.
  • ALTHOUGH FALLCALL DETECT CAN FUNCTION THROUGH ACTIVE WIFI OR CELLULAR SERVICES ON IPHONE®, APPLE WATCH® AND ANDROID™ DEVICES, DEVICES MUST BE CHARGED TO A BATTERY LIFE > 20% IN ORDER TO MAXIMIZE PROPER FUNCTIONALITY.
  • IT IS RECOMMENDED THAT IPHONE AND APPLE WATCH ARE BOTH POWERED ON AND CONNECTED BY BLUETOOTH IN ORDER TO MAXIMIZE PROPER FUNCTIONALITY.
  • FALL DETECTION TECHNOLOGY DOES NOT DETECT 100% OF FALLS, AND WILL NOT ALWAYS ACCURATELY DIFFERENTIATE BETWEEN HIGH-IMPACT FALLS AND LOW-IMPACT FALLS. IF ABLE, USERS SHOULD ALWAYS MANUALLY TAP THE “+HELP” ICON WHEN THEY NEED ASSISTANCE.
  • CRASH DETECTION TECHNOLOGY DOES NOT DETECT 100% OF MOTOR VEHICLE CRASHES. IT IS AVAILABLE ON IPHONE 14 AND LATER MODELS. IF ABLE, USERS SHOULD ALWAYS MANUALLY TAP THE “+HELP” ICON WHEN THEY NEED ASSISTANCE. CRASH DETECTION REQUIRES AND ACTIVE MONITORING SUBSCRIPTION.

1. Introduction

1.1 READ THESE TERMS AND CONDITIONS CAREFULLY. THIS AGREEMENT CONTAINS IMPORTANT TERMS GOVERNING THE SERVICES PROVIDED BY FALLCALL SOLUTIONS, LLC, YOUR RESPONSIBILITIES AND OUR OBLIGATIONS, AND INCLUDES LIMITS ON OUR LIABILITY, INDEMNITY AND OTHER IMPORTANT CLAUSES.

1.2 In these Terms of Service:

  1. "We", "our" and "us" means FallCall Solutions, LLC, a limited liability company formed in the State of Connecticut, U.S.A. Our mailing address is 16 Surrey Lane, Trumbull, CT 06611.
  2. "You" and "your" means a user of FallCall Detect, which includes both one (1) or multiple Caregivers for one (1) Elder, or one (1) or multiple Elders for one (1) Caregiver, as used with Apple Watch and/or iPhone and supported by the website at https://www.fallcall.com, and its subdomains and online interfaces (the "Website").
  3. “Caregiver” means an adult, including a family member, friend, neighbor or designee who is monitoring and communicating with an Elder through FallCall Detect. The term “Caregiver” is synonymous with “Responder.”
  4. “Elder” means an adult, typically a parent, older relative, friend or acquaintance of a Caregiver, who is being monitored and can communicate with a Caregiver through FallCall Detect. The term “Elder” is synonymous with “Primary User.”
  5. “Care Group” means a group of Caregivers who have been designated by the Elder as their contacts to receive notifications in the event that a manual “Call for Help” has been activated by the Elder on their iPhone, Apple Watch and/or Android device.
  6. “Call for Help” means the signal that is sent upon pressing the “Help” icon on the Elder’s iPhone, Apple Watch or Android device. The signal can also be triggered using Siri®, FallCall-branded products or other third-party accessories.
  7. “Central Monitor” means the subscription service that receives the signal following a manual Call for Help from an Elder’s device and will respond to the call for help by means of a phone call to the Elder’s iPhone, Apple Watch and/or Android device. This service is provided by Mytrex, Inc., DBA Rescue Alert, located at 10321 Beckstead Lane, South Jordan, Utah 84095, Fax: 1-877-571-4606. Email: info@rescuealert.com.
  8. “Local Emergency Response Services” means any emergency response service (i.e. police, fire, emergency medical services) that will locally respond to an Elder’s Call for Help as directed by the Central Monitor or members of the Care Group.
  9. “User Content” means any content, including messages and responses, submitted by you to FallCall Detect or generated through your use of FallCall Detect.
  10. “Information” means personal data about you, including health information obtained through User Content, other than “Protected Health Information” as this term is defined under the HIPAA Privacy Rule and HIPAA Security Rule. See Definitions section of our Privacy Policy for further reference.
  11. “Third-Party Accessories” means any accessory that is compatible with FallCall Detect and utilizes or activates any of its functions.
  12. “FallCall-Branded Accessories” means any accessory that is branded by FallCall Solutions, LLC, is compatible with FallCall Detect and utilizes or activates any of its functions.

1.3 These Terms of Service set out the terms and conditions on which we agree to make available and you agree to access and use FallCall Detect.

2. Acceptance of the Terms of Service

2.1 By using FallCall Detect, you acknowledge, understand and agree to be legally bound by these Terms of Service and also by our Privacy Policy located at https://www.fallcall.com/Docs/FallCallDetect-HIPAA-Compliant-Policy. By using FallCall Detect, you are consenting to the processing of information in accordance with our Privacy Policy

2.2 You expressly acknowledge, understand and agree that:

  1. You grant us permission to use User Content submitted or obtained through your use of FallCall Detect, subject to our Privacy Policy and the limitations set forth below;
  2. The application may collect and process information about you, whether obtained through FallCall Detect or a third party, including without limitation information about your personal habits, past and present physical location, personal contacts, and identifying information about you;
  3. We have the right to manage FallCall Detect to protect our rights and property and those of others and to facilitate the proper functioning of FallCall Detect, including use by us or third parties of User Content to administer, maintain, update, improve, test, access, and use FallCall Detect, and disabling your account;
  4. You will not use FallCall Detect for any purpose where an accurate verification of identity has life-threatening, financial or other critical consequences;
  5. You will not use FallCall Detect as a patient in a hospital or a medical setting;
  6. We may discontinue or change FallCall Detect at our discretion without liability. If we discontinue or change FallCall Detect, we will announce it through our Website or usual channels for such announcements such as social media and forums;
  7. We do not grant you any intellectual property rights in FallCall Detect that are not specifically stated in these Terms of Service. For example, these Terms of Service do not provide the right to use any of our copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features;
  8. You grant us permission to transmit User Content as may be necessary to affect our business transition, whether of corporate status, management or otherwise;
  9. We reserve the right to use the User Content to comply with any applicable law or governmental request;
  10. YOU SHOULD CONSULT WITH A PHYSICIAN PRIOR TO USING THIS APPLICATION IF YOU, EITHER AS THE ELDER OR THE CAREGIVER, HAVE ANY HEALTH-RELATED QUESTIONS REGARDING THE USE OF THE APPLICATION TO ENSURE THAT SUCH USE DOES NOT CONSTITUTE A DANGER TO YOUR HEALTH; AND
  11. YOUR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND WE HAVE NO LIABILITY FOR PERSONAL INJURY OR BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE APPLICATION.
  12. The fall detection function is meant to be used on a properly configured Apple Watch that is worn on a user’s wrist. The fall detection algorithm can miss fall events and is not 100% accurate at differentiating between high-impact falls and low-impact falls. You should always manually tap the “+Help” icon when you need help, if possible. We make no representation or warranty as to the promptness of any response to the fall detection that is monitored by FallCall Detect, and we have no control over the response time or capability of any agency or individual, including those identified by the user during the FallCall Detect set-up, who may be notified as a result of FallCall Detect notification.
  13. The Crash Detection function is meant to be used on a properly configured iPhone 14 or later models. The Crash Detection algorithm was developed by Apple and is being used with permission from Apple. Crash Detection may not detect all motor vehicle crash. You should always manually tap the “+Help” icon when you need help, if possible. We make no representation or warranty as to the promptness of any response to crash detection that is monitored by FallCall Detect, and we have no control over the response time or capability of any agency or individual, including those identified by the user during the FallCall Detect set-up, who may be notified as a result of FallCall Detect notification. Crash Detection requires a monitoring subscription to activate and use. Cancellation of the monitoring subscription will require disabling of the crash detection sharing function.

2.3 If you do not understand or agree with these Terms of Service and our Privacy Policy, you should not use FallCall Detect. Please save and/or print a copy of these Terms of Service and our Privacy Policy https://www.fallcall.com/Docs/FallCallDetect-HIPAA-Compliant-Policy for your future reference.

3. Description of FallCall Detect Service

3.1 FallCall Detect is a personal assistance response system that will be installed on your iPhone, Apple Watch or Android device. Once installed, Elders and up to five (5) Caregivers will have the opportunity to securely pair with one another thus creating a Care Group. During the setup process, initial confirmation of individual email addresses and telephone numbers is required to ensure non-fraudulent identification of Elders and Caregivers. Additionally, this information will be used for pairing devices and creating the Care Group.

3.2 Elders can activate a Call for Help by pressing the “+Help” icon on Apple Watch and/or iPhone. A Call for Help can also be triggered by using Siri®, automated fall detection, FallCall-branded accessories, Crash Detection or Third-Party Accessories. On the subsequent screen, the Elder can then choose whether the response should be sent to the Care Group only OR their Care Group AND Central Monitoring service (with active subscription). If no icon is pressed on the second screen after 30 seconds, the Call for Help will be routed to the Care Group and Central Monitor (with active Central Monitor subscription) OR the Care Group only (without active central monitor subscription). Note: some Third-Party Accessories may require active subscriptions to activate a Call for Help to either the Care Group only or the Central Monitor + Care Group. Crash Detection requires a monitoring subscription to activate and use. Cancellation of the monitoring subscription will require disabling of the Crash Detection sharing function.

3.3 FallCall Detect offers a subscription Central Monitoring service that is a third-party service staffed by emergency medical dispatchers. Upon receiving a Call for Help, the Central Monitor will make reasonable efforts to transmit notification of the alarm or Call for Help promptly to police, fire or other authorities, and/or the listed members of your Care Group unless the Central Monitor determines in its reasonable judgment that there is just cause to determine that an emergency condition does not exist. With an active subscription to the Central Monitor system, Care Group members will receive situational updates notifying them of the response that is ongoing to the Call for Help. Situational updates of a response will only be provided with an active Central Monitor subscription service.

3.4 IMPORTANT: DISPATCHERS WILL REMAIN ON THE PHONE CALL WITH THE ELDER UNTIL HELP HAS ARRIVED. IT IS IMPORTANT TO BE AWARE THAT MULTIPLE PHONE CALLS TO THE ELDER DURING A HELP RESPONSE HAS THE POTENTIAL TO INTERUPT THE CENTRAL MONITOR COMMUNICATION WITH THE ELDER.

3.5 The Central Monitor may rely absolutely on statements made by you or any person who says that they are acting on behalf of the Elder. We and the Central Monitor are not responsible for the promptness, sufficiency or adequacy of the action of any Local Emergency Response Service or third party acting for the Local Emergency Response Service. We and the Central Monitor do not represent or guarantee that Local Emergency Response Services or Caregivers can be contacted or will respond, or that their response will be safe or effective. The Care Group members have been designated by you and are not our agents or representatives.

3.6 FallCall Detect relies on your Bluetooth/Wi-Fi/Cellular services to operate. These services are essential for connectivity between iPhone, Apple Watch, Android device, the internet and cellular phone service. ALTHOUGH FALLCALL DETECT CAN FUNCTION THROUGH ACTIVE WIFI OR CELLULAR SERVICES ON APPLE WATCH, iPHONE AND/OR ANDROID DEVICE, DEVICES MUST BE CHARGED TO A BATTERY LIFE > 20% TO ENSURE THAT FALLCALL DETECT HAS THE MAXIMAL CHANCE TO TRANSMIT AND RECEIVE INFORMATION. ADDITIONALLY, APPLE WATCH, iPHONE AND/OR ANDROID DEVICE MUST BE POWERED ON AND CONNECTED BY BLUETOOTH TO ENSURE THAT FALLCALL DETECT HAS THE MAXIMAL CHANCE TO TRANSMIT AND RECEIVE INFORMATION. If any of these services are out of order or disconnected, FallCall Detect may not operate until service is restored. We and the Central Monitor have no control over your Bluetooth/Wi-Fi/Cellular services. Additionally, We and the Central Monitor will not know if your service is not working. Therefore, they cannot provide the FallCall Detect or Central Monitor service during that time or notify your Care Group that your Bluetooth/Wi-Fi/Cellular services are out of order. Also, please be aware that any communication provided via the internet, broadband, VoIP, or any other cellular service presents risks for non-transmission of the signals from and between FallCall Detect, the Care Group and the Central Monitor and may not operate as intended.

3.7 We and the Central Monitor assume no liability if there is wireless network interference due to atmospheric or topographical conditions, busy cells, capacity limitations, equipment problems, equipment maintenance, public utility failure, acts of war, government actions, terrorism, civil disturbances, system failures, including internet, computer, telecommunication or other system failures, and other factors and conditions. We and the Central Monitor assume no liability for or relating to the delay, failure, interruption or corruption of any voice, call quality, or data transmitted while using the Wireless Service, nor for the accuracy or precision of location information it provides to Local Emergency Response Services. As with all location-based services, it may not always be possible to determine your location. Multi-level buildings, parking garages, and even dense urban areas can make it difficult for satellite and cell phone towers to locate your exact location.

3.8 Forced Entry. If a Call for Help is received by the Central Monitor and Local Emergency Responders are sent to your home, We are NOT RESPONSIBLE – and you relieve us of any liability – for how the Local Emergency Responders chooses to enter your home. (For example, if Local Emergency Responders do not have or cannot find a key, you hereby authorize Local Emergency Responders to break into your home, even if this causes damage.) If you have a hidden key location, lockbox or garage opener, you are responsible for maintaining the key or lockbox in an accessible location and informing your Care Group and/or Local Emergency Responders of any changes to the location of the key or the access code.

3.9 Third-Party Accessories. FallCall Detect provides users the ability to connect to specific Third-Party Accessories that will utilize specified functions within the app. Only Third-Party Accessories that have been approved for use with FallCall Detect and are to be used in accordance with these terms and conditions and the terms and conditions set forth by the Third-Party Accessories provider. We are NOT RESPONSIBLE – and you relieve us of any liability – for the non-function or dysfunction of any Third-Party Accessories or their communication methods. Additionally, FallCall Solutions will not be liable for communication data that is transmitted by any third-party accessory to FallCall Detect that may be captured and/or tracked.

3.10 FallCall-Branded Accessories

  1. Your right to access and use a FallCall-branded accessory and the notifications to the User’s identified individuals is personal to the User and is not transferable to any other person or entity. Your access and use of the FallCall-branded accessory may be interrupted from time to time for any of several reasons, including internet Wi-Fi, or your other internet connection, and from FallCall-branded accessory’s battery power, as stated in the next paragraph.
  2. You understand that any FallCall-branded accessory that has a battery requires regular battery checks. The FallCall-branded accessory sends notifications to the User when there is a possibility of low battery power. It is your responsibility to maintain the battery regardless of notification, to respond to all notifications of low battery power, and to replace the device as soon as the low battery notification is received. You acknowledge that any failure to maintain the battery or any of the instructions provided with FallCall-branded accessory can result in the failure of the FallCall-branded accessory to operate and to send notifications to the identified individuals.
  3. Upon initiation of the FallCall-branded accessory, the Elder or Subscriber must setup an account through the FallCall Detect applications and subscribe to one of the communication subscriptions offered through FallCall Detect.
  4. In consideration for the use of a FallCall-branded accessory, you acknowledge and agree that we do not represent or warrant that the FallCall-branded accessory will prevent death, bodily or personal injury or damage to you, User or any others (including unauthorized users) who may use the FallCall-branded accessory. You understand that the FallCall-branded accessory provides emergency alerts to Users, notifications to the User’s identified individuals, and other services provided by the FallCall Solutions as designated by User subscription. We make no representation or warranty as to the promptness of any response to the emergency that is triggered by FallCall-branded accessory, and we have no control over the response time or capability of any agency or individual, including those identified by the Subscriber during the FallCall-branded accessory set-up, who may be notified as a result of the FallCall-branded accessory notification. We cannot be held responsibility for any incorrect information provided by you with regard to those individuals who are to be notified by FallCall-branded accessory. You further understand that FallCall-branded accessory may fail to function properly as described herein. You agree that if we were to have any liability greater than that agreed to by you under this Agreement, we could not and would not provide FallCall-branded accessory.
  5. Fall detection technology within any FallCall-branded accessory does not detect 100% of falls. If able, users should always manually tap the “+Help” icon within the FallCall Detect app when they need assistance.
  6. The FallCall Pendant is FCC certified in the US under FCC ID: 2ARFP-ES700EPAJ.

4. Updates to Terms of Service

We may update these Terms of Service from time to time, for example to address a new feature of FallCall Detect or to clarify a provision. If we do, we will publish the changes on the Website. It is your responsibility to check the Website periodically for changes to these Terms of Service. The date at the top of this page indicates when these Terms of Service were last updated. Your continued use of FallCall Detect after the effective date of such changes constitutes your acceptance of such changes. To make your review more convenient, we will post an effective date at the top of this page. These terms may not be modified or cancelled without our written agreement. If you do not agree with the amended Terms of Service, you must not continue to use FallCall Detect after the date on which the amendments take effect.

5. Your obligations

5.1 You will not:

  1. Use or access FallCall Detect for any fraudulent or unlawful purpose;
  2. Use or access FallCall Detect to impersonate any person or entity
  3. Interfere with or disrupt the operation of FallCall Detect or access to it;
  4. Transmit or otherwise make available in connection with FallCall Detect or access to it any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file, or program;
  5. Restrict or inhibit the ability of any other person to access or use FallCall Detect;
  6. Modify, adapt or translate any portion of FallCall Detect; or
  7. Remove, obscure or modify any copyright, trademark, or other proprietary rights notice from FallCall Detect.
  8. Operate FallCall Detect outside the 50 United States or outside the operating range of your Carrier’s wireless network

5.2 You will:

  1. Use FallCall Detect on functional, communicating iPhone, Apple Watch and/or Android Device with a battery charged to a level > 20%. FallCall Detect may not send a Call for Help on devices with low battery levels depending on the settings on your respective devices.
  2. Use FallCall Detect on iPhone, Apple Watch and/or Android device with active Bluetooth/Wi-Fi/Cellular connectivity.
  3. Be responsible for providing Local Emergency Response Services or Care Group members with location and access to your location during a response to a Call for Help.
  4. Not cause repeated false alarms or engage in abusive behavior or use of FallCall Detect, otherwise we may discontinue your service.
  5. Pay any fine resulting from a false alarm.

6. Limitations to our use of content

6.1 Subject to the terms of our Privacy Policy, we will not:

  1. Use information gained through your use of FallCall Detect for advertising or similar services.
  2. Disclose any information gained through your use of FallCall Detect to a third party without express permission from you, and even with permission, will only share information to a third party if they are also providing a health or fitness service to you (i.e., Central Monitor, Third-Party Accessory providers).
  3. Sell information gained through your use of FallCall Detect to advertising platforms, data brokers or information resellers.
  4. Share with any third party for medical research any information gained through your use of FallCall Detect, without your consent.

7. Legal disclaimer

7.1 EXCEPT AS REQUIRED BY LAW, NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OF SERVICE OR THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND APPLE WATCH, iPHONE, ANDROID DEVICE, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.

WE ARE NOT AN INSURER AND INSURANCE COVERING PERSONAL INJURY, INCLUDING DEATH, AND REAL OR PERSONAL PROPERTY LOSS OR DAMAGE SHALL BE OBTAINED BY YOU; WE MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY INCLUDING, WITHOUT LIMITATIOIN, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; FALLCALL DETECT AND THE SERVICES PROVIDED ARE DESIGNED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS OF INJURY OR DAMAGE AND THE AMOUNTS BEING CHARGED BY US ARE NOT SUFFICIENT TO WARRANT OR GUARANTEE THAT EITHER NO OR LESS INJURY OR DAMAGE WILL OCCUR. Therefore, the collective liability of us, our officers, directors, employees and representatives under this Agreement shall not exceed all payments received by us from the subscriber under this Agreement. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, so this exclusion and limitation may not apply to you.

7.2 This Application is provided “as is” with all faults. To the extent permitted by law, we, for our officers, directors, employees, and representatives, hereby disclaim all warranties, whether express or implied, including without limitation warranties that FallCall Detect is free of defects, merchantable, fit for a particular purpose, and non-infringing. You bear the entire risk as to selecting FallCall Detect for your purposes and as to the quality and performance of FallCall Detect, including without limitation the risk that your user data is deleted or corrupted or that someone else uses your username and password to access confirmations of your identity. This limitation will apply notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.

7.3 The operation of FallCall Detect is dependent upon the proper and effective functioning of User Content stored in the cloud via APNS Push Notification Service, Google Cloud Platform service, Firebase Platform and other third-party equipment and services, and that we do not guarantee and will not be liable for these in any way.

8. Payment

8.1 You will pay the fees described through any online FallCall payment vendor, in the Apple App Store® or Google Play Store along with any sales tax or additional FallCall Detect services you later order. Fees are subject to change upon 30 days’ prior written notice to Payer. Subscription payments will be automatically withdrawn on a monthly basis from the payment source saved on your FallCall account, App Store or Google Play account For details regarding App Store, refer to “Apple Media Services Terms and Conditions”: https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html. For details regarding Google Play, refer to “Google Play Terms of Service”: https://play.google.com/about/play-terms/index.html.

8.2 Past due balances are subject to termination of the FallCall Detect subscription service and will be managed as per FallCall Online Subscription Terms of Service, Apple App Store Terms of Service or Google Play Terms of Service. You will pay for a full month of service for any month in which you have Service. Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period and will 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 Account Settings after purchase (see section 8.4 for cancellation process details). Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. If you have questions regarding our privacy policy, please refer to the following: https://www.fallcall.com/Docs/FallCallDetect-HIPAA-Compliant-Policy.

8.3 Your Subscription Service starts when it is activated through the FallCall Detect App. Service will remain in effect for a minimum of one (1) month from the date of activation after which it may be terminated by either you or FallCall Solutions for any reason. If subscription service is terminated by FallCall Solutions, you will receive written notification within thirty days of termination.

8.4 To cancel your APP STORE subscription for FallCall Detect, perform the following:

Uninstalling the app will not cancel your subscription.
On your iPhone, iPad®, or iPod touch®
  1. Go to Settings > [your name] > iTunes & App Store.
  2. Tap your Apple ID at the top of the screen.
  3. Tap View Apple ID. You might need to authenticate your Apple ID.
  4. Tap Subscriptions.
  5. Tap on FallCall Detect.
  6. Tap “Cancel Subscription” to cancel your subscription. If you cancel, your subscription will stop at the end of the current billing cycle.
On your computer
  1. Open iTunes.
  2. If you're not signed in, sign in with your Apple ID.
  3. From the menu bar at the top of your computer screen or at the top of the iTunes window, choose Account > View My Account.
  4. Authenticate your Apple ID, then click View Account.
  5. On the Account Information page:
    1. Scroll to the Settings section.
    2. To the right of Subscriptions, Click Manage.
    3. To the right of “FallCall Detect”, click Edit.
    4. Click on “Cancel Subscription” to cancel your subscription. If you cancel, your subscription will stop at the end of the current billing cycle.

For more information: https://support.apple.com/en-us/HT202039

8.5 To cancel your ANDROID subscription for FallCall Detect, perform the following:

Uninstalling the app will not cancel your subscription.
On your Android device
  1. On your Android phone or tablet, open the Google Play Store.
  2. Check if you’re signed into the correct Google Account.
  3. Tap Menu > Subscriptions.
  4. Select the subscription you want to cancel.
  5. Tap Cancel subscription.
  6. Follow the instructions.
On your computer
  1. Go to play.google.com.
  2. Check if you’re signed into the correct Google Account.
  3. On the left, click “My subscriptions”.
  4. Select the subscription you want to cancel.
  5. Click Manage > Cancel Subscription.

If you have a subscription with an app and it gets removed from Google Play, your future subscription will be canceled. Your past subscriptions will not be refunded.

For more information: https://support.google.com/googleplay/answer/7018481

8.6 To cancel your FALLCALL.COM ONLINE subscription to FallCall Detect, perform the following:

Uninstalling the app will not cancel your subscription.
On your mobile device
  1. Go to www.fallcall.com
  2. Open the Menu items at the top of the page
  3. Click on Account Login
  4. Tap Cancel subscription.
  5. Follow the instructions.
On your computer
  1. Go to www.fallcall.com
  2. Click on Account Login at the top of the page
  3. Click on Account Login
  4. Tap Cancel subscription.
  5. Follow the instructions.

Contact fallcallhelp@fallcall.com with questions. Your past subscriptions will not be refunded.

9. Relationship with the Central Monitor Service

FallCall Solutions, and not you, contracts with the Central Monitor service to provide subscription monitoring of Help Calls. You have no contractual relationship with the Central Monitor, and you are not a third party beneficiary of any agreement between FallCall Solutions and the Central Monitor. The Central Monitor has no liability to you for breach of contract, breach of warranty, personal injury, property damage or negligence, including any claim in the future, based on the actions or omissions of Central Monitor in connection with any use, failure to use, or inability to use the subscription service or Central Monitoring Service. Neither FallCall Solutions nor the Central Monitor guarantee the delivery, privacy or security of wireless transmissions to and from the Wireless Equipment, and neither will be liable for any lack of privacy or security relating to the use of the Wireless Equipment. You may not resell the FallCall Detect subscription service (or any component thereof) to any other party.

10. Indemnification

You hereby indemnify, defend, waive jury trial, and hold us harmless from and against all claims, demands, liabilities, damages, losses, expenses, including attorney’s fees and lawsuits that may be asserted against or incurred by us by or due to any person(s) not a party to this Agreement, including your insurance or bonding company, for any expense, loss or damage including, but not limited to, statutory civil damages, personal injury, death and/or property damage, real or personal, arising out of the design, sale, lease, installation, repair, service, dispatch, maintenance, monitoring, recording of communications, operation or non-operation of FallCall Detect, Call for Help, and/or the Central Monitor service, whether due to the sole, joint or several negligence (including gross negligence) of us or our agents, servants, officers, directors, employees, suppliers, or subcontractors, breach of contract, express or implied, breach of warranty, express or implied, product or strict liability, and/or any claim for contribution or indemnification, whether at law or in equity.

11. Intellectual Property Rights

The intellectual property rights in FallCall Detect and copyright in all material stored, displayed and accessible on FallCall Detect is either owned by us or duly licensed by third parties. All such rights are reserved.

12. Governing Law

12.1 These Terms of Service will be construed and enforced in accordance with the laws of the State of Connecticut including its conflicts of law provisions.

12.2 Any and all disputes that may arise between you and us shall be submitted (together with any counterclaims and disputes under or in connection with other agreements between the you and us) to final and binding arbitration heard by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), except as such rules may be modified by the following terms:

  1. All matters within the scope of the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) shall be governed by this Act.
  2. The arbitrator shall have ten (10) or more years of legal experience and knowledge of or experience in the telecommunications, computer or consumer electronics industries.
  3. The arbitration shall be conducted in Hartford, Connecticut in the English language.
  4. The arbitrator shall allow such discovery of relevant information as is appropriate to accomplish the fair, speedy and cost-efficient resolution of the dispute within a maximum of 120 days after the AAA's appointment of the arbitrator.
  5. The award shall include a written statement of findings of fact and conclusions of law and the reasons on which it is based. It also shall include an award of legal fees, costs and expenses, including reasonable attorneys' fees and the arbitrator's fees and expenses, to the prevailing party.
  6. Subject to any terms contained in these Terms of Service limiting or excluding damages, the arbitrator may award any relief that the arbitrator deems proper, including but not limited to equitable relief, provided that no award of exemplary, special, consequential or punitive damages shall be permitted.
  7. The award shall be final and binding and enforceable in any court of competent jurisdiction.

The terms of this section shall continue in full force and effect even though these Terms of Service have terminated or are no longer in effect.

13. Assignment

These Terms of Service and any rights granted hereunder may not be assigned or otherwise transferred by either you or us (by operation of law or otherwise) without prior written consent of the other; provided however, that we may assign these Terms of Service in connection with the merger, change of control or sale of all or substantially all of our assets. Any assignment in violation of this Section shall be null and void.

14. Miscellaneous

These Terms of Service constitute the entire agreement between you and us concerning your use of FallCall Detect and supersede any prior agreements between you and us with respect to your use of FallCall Detect. If any portion of these Terms of Service is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instances.

Apple, the Apple logo, iPhone, iPad, Apple Watch, Siri, Mac and iPod Touch are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc.

Android, Google Cloud Platform service, Firebase platform, Google Play and Google Play logo are trademarks of Google LLC.

© 2024 FallCall Solutions, LLC. All rights reserved.

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©2024 by FallCall Solutions, LLC.
Apple, the Apple logo, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Watch is a trademark of Apple, Inc. App Store is a service mark of Apple Inc.

Android, Google Play and the Google Play logo are trademarks of Google LLC.