Terms and Conditions

Effective Date: February 4, 2025
Last Updated: February 4, 2025

1. Introduction

Welcome to SafeGuard Buddy. These Terms and Conditions ("Terms") govern your access to and use of the SafeGuard Buddy website (safeguardbuddy.com.au), mobile applications, wearable devices, and all associated subscription-based services (collectively, the "Service") provided by ZATERSIO PTY LTD, trading as SafeGuard Buddy ("SafeGuard Buddy", "we", "us", or "our"). By accessing or using our Service, you agree to these Terms and our Privacy Policy (incorporated herein by reference). If you do not agree with these Terms, please do not use our Service.

2. Definitions

• "Service": The SafeGuard Buddy platform, including the website, mobile apps, wearable devices, and all related subscription-based services.

• "User": Any individual or entity accessing or using the Service.

• "Device": The SafeGuard Buddy wearable device.

• "SIM Connectivity": The cellular connectivity service required for the Device to function. The first year of SIM connectivity is included with the Device purchase; renewals are billed at AUD $70 per year thereafter.

• "Basic Subscription": A service plan providing uninterrupted connectivity, live GPS tracking, health monitoring, basic fall detection, and SOS alerts (alerts are sent to a designated emergency contact).

• "Premium Subscription": A service plan that includes all Basic Subscription features plus enhanced emergency response (direct connection to our dedicated emergency care center) and comprehensive AI-powered features, including a real-time AI voice agent for companionship, advanced health monitoring, and personalized alerts.

3. Eligibility and Registration

• Eligibility:
  You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. If you are using the Service on behalf of another person (such as a senior or an individual under your care), you represent that you have the legal authority (e.g., legal guardianship) and that the individual or their guardian consents to the use of the Service.

• Registration:
  Registration may be required to access certain features. You agree to provide accurate, complete, and up-to-date information during the registration process and to update this information as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately if you suspect any unauthorized use.

4. Description of the Service

SafeGuard Buddy is designed to empower seniors and individuals with special needs by offering a range of safety and health monitoring features through our wearable devices and subscription-based services.

Key Service Features:

• Health Monitoring: Continuous tracking of vital metrics such as heart rate, sleep patterns, and daily activity.

• Fall Detection & SOS Alerts:

  • Fall Detection: Automatically detects falls and sends an alert to your designated emergency contact.

  • SOS Alerts: In emergencies, an SOS alert is triggered. Under the Basic Subscription, the alert is sent to a designated contact; under the Premium Subscription, the alert is also routed directly to our dedicated emergency care center.

• Live GPS Tracking: Real-time location tracking to help caregivers monitor the Device’s whereabouts.

• AI-Powered Capabilities (Premium Only):

  • Real-Time AI Voice Agent: Provides interactive companionship, daily check-ins, and reminders.

  • Advanced Health Monitoring: Offers detailed insights and personalized alerts.

  • Personalized Reminders: Custom notifications for medications, appointments, and daily routines.

SIM Connectivity Requirement:
All Devices require SIM Connectivity to function. The first-year connectivity is included with the purchase of the Device; subsequent renewals are billed at AUD $70 per year.

5. Subscription Plans and Payment

5.1 Basic Subscription

Features:

• Uninterrupted cellular connectivity enabling data transmission.

• Continuous health monitoring.

• Live GPS tracking.

• Basic fall detection and SOS alerts sent to your designated emergency contact (the system is not linked directly to an emergency care center).

5.2 Premium Subscription

Features:

• All features included in the Basic Subscription.

• Enhanced emergency response: When a fall or SOS alert is triggered, the system directly contacts our dedicated emergency care center.

• Full AI-powered capabilities, including:

  • A real-time AI voice agent for companionship and interactive support.

  • Advanced health monitoring with detailed insights.

  • Personalized reminders and alerts tailored to your routine.

5.3 Payment Terms

• Billing Cycle: Subscription fees are billed monthly or annually based on your selected plan.

• Auto-Renewal: Subscriptions renew automatically at the end of each billing cycle unless cancelled prior to the renewal date.

• SIM Connectivity: The first-year SIM Connectivity is included with the Device purchase. Renewals are charged at AUD $70 per year.

• Payment Authorization: By subscribing, you authorize us to charge your designated payment method for all applicable fees. If payment fails, we may suspend or terminate your access until the balance is cleared.

• Cancellation: You may cancel your subscription at any time. Cancellation stops future billing; however, fees already paid for the current billing period are non-refundable.
  

6. Cancellation and Refund Policy

• Subscription Fees: All subscription fees are non-refundable. You will retain access to the Service until the end of the current billing period.

• Refunds: Refunds are only provided if required by law or in cases of a billing error. Contact our support at info@safeguardbuddy.com if you believe an error has occurred.

• SIM Connectivity: The first-year SIM Connectivity is included; subsequent annual fees of AUD $70 are non-refundable.

• Cancellation Process: Cancel via your account settings or by contacting customer support. Access continues until the current billing cycle expires.

7. User Responsibilities and Acceptable Use

• Direct Supervision:
  SafeGuard Buddy is designed as a supplemental tool. It is not a substitute for professional medical advice, direct supervision, or personal caregiving. You agree to maintain direct oversight of the individual being monitored and to not rely solely on the Service for critical care.

• Proper Device Use:
  Follow the provided instructions for proper use and maintenance of your Device. Improper use, failure to wear the Device correctly, or neglecting routine maintenance may affect the performance of the Service.

• Accurate Information:
  You are responsible for providing and updating accurate personal, health, and emergency contact information.

• Prohibited Conduct:
  Do not attempt to interfere with, reverse-engineer, or otherwise misuse the Service. You agree to use the Service only for its intended purpose and in compliance with applicable laws.

8. Limitations and Disclaimers

Fall Detection and Emergency Services Limitations:

• Not 100% Accurate:
  While SafeGuard Buddy uses advanced technology to detect falls and trigger SOS alerts, the fall detection feature is not 100% accurate. False positives and false negatives may occur.

• Supplemental Role:
  The Service is a supplementary tool and should not replace direct supervision, professional medical evaluation, or emergency services. In an emergency, you must immediately contact local emergency services.

Limitation of Liability:

• No Liability for Service Failures:
  SafeGuard Buddy is not liable for any failure of the Service resulting from technological limitations, network connectivity issues, device malfunctions, or user negligence. This includes, but is not limited to, any failures related to fall detection, health monitoring, or emergency alerts.

• User Negligence:
  SafeGuard Buddy shall not be liable for any damages or losses arising from user negligence, including failure to maintain the Device or to act promptly in response to an alert.

• General Disclaimer:
  The Service is provided on an "as is" and "as available" basis. All warranties, whether express or implied, including the warranties of merchantability and fitness for a particular purpose, are disclaimed to the fullest extent permitted by law.

• Aggregate Liability:
  In no event shall our total liability exceed the fees paid by you in the 12 months preceding any claim, and we shall not be liable for any indirect, incidental, or consequential damages.

9. Intellectual Property

• Ownership:
  All content, trademarks, logos, and other intellectual property on the Service are the property of SafeGuard Buddy or its licensors.

• Restrictions:
  You may not reproduce, modify, distribute, or create derivative works from any part of the Service without our prior written consent.

10. Privacy and Data Security

Your privacy is important to us. Please review our Privacy Policy for details on how we collect, use, and protect your personal data. By using the Service, you consent to our data practices as described in the Privacy Policy.

• Data Collection:
  We collect personal, health, and location data necessary for the operation of the Service.

• Security Measures:
  We implement industry-standard security measures to safeguard your data; however, no system is completely secure.

• Data Use:
  Your data is used solely for providing, maintaining, and improving the Service. We do not sell your personal data to third parties.

11. Modifications and Termination

• Modifications:
  We reserve the right to update or modify these Terms at any time. Significant changes will be communicated via our website and/or email. Your continued use of the Service constitutes your acceptance of any changes.

• Termination:
  We may suspend or terminate your access to the Service if you violate these Terms or engage in harmful activities. Termination does not relieve you of any outstanding payment obligations. Certain provisions (such as Intellectual Property, Disclaimers, and Governing Law) will survive termination.

12. Governing Law and Dispute Resolution

• Governing Law:
  These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.

• Dispute Resolution:
  Any disputes arising out of these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of New South Wales. Prior to initiating legal proceedings, you agree to attempt to resolve any dispute informally by contacting us.

13. Miscellaneous

• Entire Agreement:
  These Terms, together with our Privacy Policy, constitute the entire agreement between you and SafeGuard Buddy regarding the use of the Service.

• Severability:
  If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

• Waiver:
  Failure by SafeGuard Buddy to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that or any other provision.

14. Contact Information

For any questions, concerns, or requests regarding these Terms, please contact us at:

• Email: info@safeguardbuddy.com

• Phone: (+61) 490 832 219