Terms of Service

Effective Date: January 1, 2025

Thank you for choosing Pontosense. These Terms and Conditions ("Terms") outline the rules and responsibilities governing the use the Pontosense Care products and services, including our website (www.pontosense.com), mobile applications, hardware, and associated software solutions (collectively referred to as "Products and Services").

By using our Products and Services, you agree to abide by these Terms, which form a legally binding agreement between you and Pontosense. If you do not agree to these Terms, please refrain from using our Products and Services.

1. Acceptance of Terms

By accessing or using Pontosense Products and Services, you confirm that you have read, understood, and accepted these Terms in their entirety. These Terms apply to all users of our Products and Services, whether registered or not. Your continued use of the Products and Services is contingent upon your acceptance of any changes or updates to these Terms, which may be made at our discretion.

2. Modification of Terms

Pontosense reserves the right to modify or update these Terms at any time. Any changes will be posted on our website, and we encourage you to review the Terms regularly. Your continued use of the Products and Services after any changes indicates your acceptance of the modified Terms.

3. Eligibility

Our Products and Services are available to individuals who are of legal age in their jurisdiction or older, and who are not otherwise prohibited from using such Products and Services under applicable laws. By using the Products and Services, you represent and warrant that to use our Products or Services, you must:

Be at least 18 years old (or the legal age of majority in your jurisdiction).

Have the legal capacity to enter into this agreement.

Use the Services in compliance with all applicable laws and regulations.

4. Use of Products and Services

Pontosense Products and Services are intended to assist with health monitoring and wellness. However, they do not replace professional medical advice, diagnosis, or treatment. You acknowledge and agree that you agree to use the Products and Services only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use and enjoyment of the Services. You acknowledge and agree that:

Non-Diagnostic Use: Pontosense’s Products and Services are not intended for use in medical emergency situations or for the diagnosis or treatment of medical conditions. Always seek the advice of a qualified healthcare provider with any questions you may have regarding medical conditions. The Product and Service is not designed to be a life-saving device, and you must not rely or depend on the device to save lives.
Reduce Risk, Not Eliminate: The Products and Services are designed to reduce the risks associated with falls or other use cases of the Products and Services for end users, but they do not eliminate them entirely.
Consult a Professional: Never disregard professional medical advice or delay seeking treatment based on information provided through our Products and Services.
Not an Emergency Replacement: Pontosense device and application are not a replacement for any emergency phone number.
You will not modify, reverse engineer, decompile, or disassemble the Products, nor will you attempt to bypass any security features.
Use the Products or Services in any manner that could damage, disable, overburden, or impair Pontosense’s servers or networks.
Attempt to gain unauthorized access to any part of the Products or Services, other accounts, or computer systems.
Engage in any fraudulent, abusive, or unlawful activity.

The device or application may not always function for various environmental or situational factors, outside of Pontosense’s control, which may affect the performance and detection accuracy of the Product. You acknowledge that the device requires Wi-Fi connectivity and internet access to transmit and receive data ("Communicate"). If there is no internet connectivity, the device will not be able to communicate with the application or smartphone, and therefore will not send alerts. You are responsible for providing Wi-Fi and network access at your own cost. Pontosense assumes no legal liability if the device is unable to send alerts due to a lack of internet connectivity.

5. Account Registration & Security:

Certain features of the Pontosense Products and Services require registration. To access certain features of the Products and Services, you may be required to register for an account. When registering, you agree to:

Provide accurate, current, and complete information.
Maintain and promptly update your information.
Keep your account credentials confidential and notify Pontosense immediately of any unauthorized use or security breaches.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you become aware of any unauthorized use of your account, you must notify Pontosense immediately. Pontosense is not liable for any loss or damage arising from your failure to secure your account.

6. Privacy

Your privacy is important to us. By using the monitoring features, you consent to the collection, storage, and use of your personal and health-related data in accordance with our Privacy Policy. We collect data to provide accurate health insights, improve our services, and ensure the proper functionality of our devices. For detailed information on how your data is handled, please review our Privacy Policy to understand how we collect, use, and disclose your personal information.

7. Intellectual Property Rights

All intellectual property rights, including copyrights, trademarks, and patents, in the Products, Services, and related content are owned by Pontosense or its licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Products and Services solely for your personal, non-commercial use.

You may not:

Modify, distribute, reproduce or create derivative works based on the Products or Services.
Remove any proprietary notices or labels from the Products.

8. Fees and Payments

Access to certain features or functionalities of the Products and Services may require the payment of fees. Fees for Products and Services are set forth at the time of purchase and are subject to change. You agree to pay all applicable fees in accordance with the billing terms in effect at the time a charge becomes due. All fees are non-refundable, except as required by law. All fees are payable in advance unless otherwise stated, and all sales are final. You agree to pay all charges applicable to your account, including taxes as applicable. Pontosense reserves the right to change its pricing and fees at any time, with prior notice.

9. Third-Party Services

Pontosense Products and Services may integrate with third-party products and services. These third-party offerings are governed by their terms and conditions. Pontosense is not responsible for the content, accuracy, or reliability of third-party products or services. Your use of third-party offerings is at your own risk and is subject to the third party’s terms and policies.

10. Disclaimer of Warranties

Pontosense provides the Products and Services "as is" and without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Pontosense does not warrant that:

The products or services will meet your requirements.
The products or services will be uninterrupted, timely, secure, or error-free.
Any defects or errors will be corrected.

11. Limitation of Liability

11.1 Limited Liability

Pontosense’s liability is limited. If any liability arises from the company or its representatives—such as officers, managers, affiliates, employees, distributors, manufacturers, suppliers, or subcontractors—for personal injury, death, or any other loss, damage, cost, or expense, the total liability shall not exceed $2,500, or any other amount permitted by applicable state or federal law. To the maximum extent permitted by law, Pontosense shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Product or Services.

11.2 No Guarantee of Safety

The Products and Services provided by Pontosense, including the sensor and mobile application designed to help identify falls, are not intended to serve as life-saving devices. While these products are designed to assist in detecting falls, they do not guarantee safety or eliminate risks associated with falls. Users must not rely solely on these products for emergency situations.

11.3 False Positives and Negatives

Pontosense is not liable for any false positives or false negatives in detecting falls. The accuracy of the sensor and applications may vary based on environmental factors, user behavior, user installation error, and other conditions beyond our control.

11.4 Incorrect Use of Products and Services

Pontosense shall have no liability whatsoever for any claims, losses, or damages arising from the use of the Software or Silver Shield hardware in a manner inconsistent with the documentation, training, guidelines, or intended use cases provided by Pontosense. This includes, but is not limited to, failure to install the hardware correctly, unauthorized modifications to the system, or integration with unsupported third-party tools or environments.

11.5 Force Majeure

Pontosense is not liable for circumstances beyond our control. Our obligations will be automatically waived, and we will not be liable to you or any other person or entity if we are unable to provide the device or application, or if they do not work due to such circumstances. This includes, but is not limited to, loss of communication, such as Wi-Fi, network, or internet disruptions, as well as acts of God, natural disasters (floods, fires, earthquakes, etc), explosions, civil unrest, war, invasion, terrorism, labor unrest, or similar occurrences that prevent our Products and Services from performing.

12. Indemnification

You agree to indemnify, defend, and hold harmless Pontosense, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or related to:

Your use of the Products or Services.
Your violation of these Terms.
Your infringement of any intellectual property or other rights of Pontosense or a third party.

13. Termination and Suspension

13.1 Termination by User

You can terminate your subscription and delete your account at any time by reaching out to support@pontosense.com. This will deactivate your account, disable access, and delete any content collected through the Services. Termination will be confirmed as soon as possible, and you won’t be charged again for that subscription unless you purchase a new one. If you terminate your subscription mid-billing cycle, you will not receive a refund unless required by law or if we determine that a refund is appropriate at our discretion.

13.2 Suspension of Account by Pontosense

Pontosense reserves the right to terminate or suspend your account or access to the Products or Services at its sole discretion, without prior notice, for conduct that violates these Terms or is otherwise harmful to Pontosense or its users.

Upon termination, your right to use the Products and Services will immediately cease, and any licenses granted to you under these Terms will be revoked. Your right to use the Products and Services will immediately cease, and any data associated with your account may be deleted.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts located in Ontario, Canada.

15. Dispute Resolution

In the event of any disputes, you agree to first attempt to resolve the dispute informally by contacting Pontosense at support@pontosense.com.

16. Severability

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

17. Entire Agreement

These Terms, along with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Pontosense concerning your use of the Products and Services.

18. Contact Information

If you have any questions regarding these Terms, please contact Pontosense at support@pontosense.com.