Terms of Service

Last updated: March 19, 2026

1. ACCEPTANCE OF THE TERMS OF SERVICE

These terms of use are entered into by and between you and Sentien Corporation d/b/a SeniorSafe ("SeniorSafe", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use the SeniorSafe Website, including any content, functionality and services offered on or through the SeniorSafe Website (each, a "Website"), whether as a guest or a registered user, govern your installation and use of our mobile or desktop applications that you download from an authorized distribution site, such as the Apple App Store® or the Google Play Store® (each, an "Application"), and govern your use of our SeniorSafe call monitoring products and services (our "SeniorSafe Products and Services", and together with the Website and Applications, the "SeniorSafe Platform").

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Please read the Terms of Service carefully before you start to use the SeniorSafe Platform. By using the SeniorSafe Platform or registering for a subscription to the SeniorSafe Products and Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Notice available at (https://www.getseniorsafe.com/privacy), incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Notice, you must not access or use the SeniorSafe Platform.

The SeniorSafe Platform is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. If you are accessing or subscribing to the SeniorSafe Platform on behalf of a senior person or other person, you further represent and warrant that you have the right, power, and authority to enter into these Terms of Service on behalf of such person. By using or subscribing to the SeniorSafe Platform, you represent and warrant that you are of legal age to form a binding contract with SeniorSafe and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the SeniorSafe Platform.

2. CHANGES TO THE TERMS OF SERVICE

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them or otherwise notify you of them, and apply to all access and use of the Website or Applications or, if you have a subscription, apply to all access to and use of the SeniorSafe Products and Services upon renewal of your current subscription. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website or Applications (or the date of notice provided to you any other way).

Your continued use of the SeniorSafe Platform after the posting of the revised Terms of Service constitutes your acceptance and agreement to the changes. You are expected to check this page from time to time to stay aware of any changes, as they are binding on you.

3. DESCRIPTION OF HOW THE SERVICES WORK

To use the SeniorSafe Products and Services, you must first purchase a Service Plan for landline or smartphone communications. Some enhanced features also require you to purchase additional services or premium plans. In addition, if you buy our call monitoring service or buy/rent/lease a gateway device to allow your landline phone to access SeniorSafe Products and Services ("Gateway Device"), you may need high-speed internet communications and an available router, ethernet port, and USB port to connect to the Gateway Device and, with a smartphone, you will need an active voice and data communications plan from your wireless carrier. Bear in mind that your use of the SeniorSafe Products and Services may be dependent on these requirements, and the failure of one may prevent our call monitoring service from working. WE CANNOT GUARANTEE THAT THE SENIOR SAFE PRODUCTS AND SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAY, OR OTHER IMPERFECTIONS, OR THAT THE CALL MONITORING SERVICE WILL IDENTIFY AND INTERDICT ALL SUSPICIOUS INBOUND AND OUTBOUND CALLS OVER THE TELEPHONE OR STOP YOU FROM LOSING MONEY FROM AN ENCOUNTER WITH A TELEPHONE FRAUDSTER, OR SCAMMER, WHILE USING THE SENIORSAFE PRODUCTS AND SERVICES. SENIORSAFE DOES NOT REIMBURSE ANY LOSSES, FINANCIAL OR OTHERWISE, ASSOCIATED WITH THE USE OF OUR SENIORSAFE PRODUCTS AND SERVICES AND THE SENIORSAFE PLATFORM. There may be power outages, internet service disruptions, or slowdowns, and you may experience other disruptions unrelated to the SeniorSafe Products and Services that will interfere with the quality of your call or the SeniorSafe Products and Services. You are responsible for obtaining third-party products and services required to use the call SeniorSafe Products and Services (such as high-speed internet access and a standard telephone to plug into the Device or a voice and data plan for your smartphone) and for paying any fees for such third-party products and services. The call monitoring SeniorSafe Products and Services may not be compatible with certain equipment, including but not limited to traditional home-style systems and phones, home security systems, medical monitoring equipment, fax machines, satellite television systems, satellite data communications systems, or computer modems.

4. WHAT IS A SERVICE PLAN?

Your "Service Plan" includes your Service allotments, for example, call monitoring minutes, calling area, unlimited calling zones, international calling rates, and other terms. SeniorSafe may introduce access to new technologies, features, or services that you can add for an additional charge. If any term in your Service Plan conflicts with these T&Cs, the term in your Service Plan governs.

5. ACCESSING THE SENIORSAFE PLATFORM AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the SeniorSafe Platform, and any service or material we provide through any portion of the SeniorSafe Platform, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the SeniorSafe Platform is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the SeniorSafe Platform to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the SeniorSafe Platform.
  • Ensuring that all persons who access the SeniorSafe Platform through your internet connection are aware of these Terms of Service and comply with them.

To access the SeniorSafe Platform or some of its resources, you may be required to provide certain registration or subscription details or other information. It is a condition of your use of the SeniorSafe Platform that all the information you provide on the SeniorSafe Platform is correct, current, and complete. You agree that all information you provide to register or subscribe with the SeniorSafe Platform or otherwise, including but not limited to through the use of the malicious, deceptive, fraudulent, or illegal activity detection and prevention services, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the SeniorSafe Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to deactivate your subscription and your ability to access and use our SeniorSafe Products and Services, or any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

6. HOW DO I GIVE OTHER PEOPLE ACCESS TO MY ACCOUNT?

If you want someone else to be able to access and manage your account, you can establish them as an "Authorized User," so they can:

  • Make changes to your account;
  • Add or remove services or features to your account;
  • Receive notices and disclosures on your behalf;
  • Add or remove third-party notifications;
  • Purchase Gateway Devices and phone equipment for use with our call monitoring SeniorSafe Products and Services, including under an installment plan; and
  • Incur Charges on your account.

The easiest way to designate an Authorized User is online through your SeniorSafe account. Keep in mind that you should not share your account validation information, which includes the last four digits of your Social Security number or your PIN/passcode. An Authorized User will need to verify their identity before we provide access to account information. When calling us, this requires presentation of the last four digits of the primary account holder's Social Security number or the account PIN/passcode. We may further use voice biometric analysis to identify you as the authorized User. This information is sensitive, so take steps to protect it. We will treat presentation of the proper account validation information as authorized access to an account.

7. OWNERSHIP AND RISK OF LOSS OF YOUR GATEWAY DEVICE

You will either own or be responsible for the Gateway Devices you purchase or lease from us, but not own the software used to access the SeniorSafe Products and Services with the Gateway Device, which may be provided to you by SeniorSafe for your use under these Terms of Service. You bear all risk of loss of, theft of, casualty to, or damage to any and all Gateway Devices from the time of purchase or leasing and/or shipment until the time (if any) when it is returned to us in accordance with this Agreement. If, within 30 days after placing your order for the desired Service Plan and Gateway Device directly from the SeniorSafe website (https://www.getseniorsafe.com) or through a SeniorSafe customer service agent, you are not satisfied with the SeniorSafe Products and Services or your Gateway Device, you may either return it to us for a full refund of the purchase price or lease payments paid, minus shipping and handling, or exchange it for a new Gateway Device. The full refund or exchange offer applies only to your first Gateway Device purchase or lease. To receive a refund or exchange, you must request and obtain a SeniorSafe RMA number by letter or e-mail, return the Gateway Device in its original packaging, and pay the shipping costs. Request your RMA here https://getseniorsafe.com/contact. You will receive your refund or your new Gateway Device within a reasonable time frame after we receive your package, which is approximately 14 days for an exchange and 45 days for a refund. If you purchased the Gateway Device from one of our authorized agents or a retailer, please get in touch with the distributor or retailer directly to learn about their refund and exchange policy.

8. USING THE SENIORSAFE PLATFORM AND OUR NETWORK

a) WILL MY SERVICE VARY? WHAT FACTORS MAY AFFECT MY SERVICE?

As our customer, your actual Service Plan calling area and call quality may vary based on several factors, including your selected service plan, our network capacity, your broadband provider's network, if you are on a private Wi-Fi network, using non-SeniorSafe equipment, or if your equipment no longer supports network technologies compatible with or available on SeniorSafe's network. Outages and interruptions in service may occur, and service speed may vary. Even within Service Plan calling areas, network changes, traffic volume, outages, technical limitations, weather, public safety needs, and other conditions may impact service quality or availability.

We designed our system to provide consistent voice service, but at times and locations where the number of customers using the system exceeds available internet or system resources, or where your mobile phone experiences data signal loss or data transmission attenuation, customers will experience reduced call quality and service disruptions. In addition, to provide the best possible voice experience for as many customers as possible and to minimize capacity issues and degradation in system performance, we may, without advance notice, take any actions necessary to manage our network or system.

b) CAN I CHANGE THE LOCATION OF MY GATEWAY DEVICE?

You may relocate your landline phone's Gateway Device to any location where a high-speed internet connection is available, and you have an internet service provider. The SeniorSafe monitoring service will follow your Gateway Device. However, in the event you choose to relocate your Gateway Device, you must notify SeniorSafe of the new location so that your Gateway Device's 911 emergency calling will be provisioned to the new location. YOU MUST NOTIFY SENIORSAFE AT LEAST 48 HOURS BEFORE YOU INTEND TO RELOCATE YOUR EQUIPMENT AND PROVIDE THE EXACT DATE AND TIME THE EQUIPMENT WILL BEGIN OPERATING AT THE NEW LOCATION. IN THE EVENT YOU DO NOT NOTIFY SENIORSAFE, AND YOU RELOCATE YOUR GATEWAY DEVICE, OR THE DATES YOU PROVIDE US ARE INACCURATE, THE 911 EMERGENCY CAPABILITY WILL NOT FUNCTION IN YOUR NEW LOCATION, OR MAY FUNCTION ON THE WRONG DATES. SENIORSAFE SERVICES WILL NOT OPERATE OUTSIDE OF THE UNITED STATES AND CANADA.

c) ADD-ON SERVICES & INTERNATIONAL CALLING

In addition to the SeniorSafe Products and Services, we offer the following services for an additional fee, each of which may be purchased through www.getseniorsafe.com (collectively, the "Add-On Services"):

Premium Support, which includes the following:

  • “Premium Support”, which includes premium technical support for the SeniorSafe smartphone Application, your eligible Gateway Device and Services provided through a dedicated premium support phone number, as well as priority handling of calls and claims. You will only have access to Premium Support during your Service Plan Subscription Term. To obtain the current Premium Support phone number for the SeniorSafe smartphone Application and your Qualified Gateway Device and Services, contact a SeniorSafe customer service agent at 1-855-888-6488, or visit www.getseniorsafe.com/account, select SeniorSafe Premium Support, and follow the instructions.
  • “Installation Services and Qualified Gateway Devices” – you may purchase Premium Installation Support to cover a one-time installation of any Gateway Device listed in the table below registered to your phone number. Qualified Devices include the following:
    • SeniorSafe Gateway – Single Phone Number Access
    • SeniorSafe Gateway – Two Phone Number Access
  • Replacement Discounts. In addition to Premium Support, you will receive exclusive access to discounts on Gateway Devices and other SeniorSafe goods and services.
  • Excessive Use – if we become aware of unreasonably excessive use of your SeniorSafe Premium Support service, including but not limited to, your use of Premium Support in a manner that is extraordinarily greater than the average SeniorSafe Premium Support customer, or if you contact us for greater than four (4) separate issues in any month or more than eight (8) contacts in any month, or intentional misuse, we reserve the right, in our sole discretion, to terminate your use of the SeniorSafe Premium Support service, and you will not be entitled to a refund of any subscription fee or additional fee you may have paid to us.
  • Your Premium Support Subscription does not cover any SeniorSafe equipment not listed in the Qualified Gateway Devices table listed above or any third-party accessories or equipment not manufactured or supplied by us.

Add-On Services are provided for the fees and Subscription Term communicated to you at the time of purchase.

IN ADDITION TO THE ADD-ON SERVICES, WE OFFER INTERNATIONAL DIALING SERVICES ON A PREPAID PER-MINUTE BASIS OR BY MONTHLY PLAN. INTERNATIONAL DIALING SERVICES ARE NOT ADD-ON SERVICES. IF YOU MAKE AN INTERNATIONAL CALL WITHOUT PURCHASING THE REQUIRED MINUTES OR MONTHLY PLAY, THE CALL WILL NOT BE COMPLETED. IF YOU RECEIVE AN INTERNATIONAL CALL WITHOUT BUYING THE REQUIRED MINUTES OR MONTHLY PLAY, THE CALL MAY NOT BE COMPLETED OR IF THE CALL IS COMPLETED, YOUR ACCOUNT WILL BE DEBITED FOR THE CALL. SEE SECTION “HOW WILL I BE BILLED FOR USE OF THE SERVICES,” BELOW.

d) HOW WILL I BE BILLED FOR USE OF THE SERVICES?

You must provide a valid method of payment (i.e., credit card, debit card, checking account, etc.) to purchase the Products and Services and Gateway Device(s). You agree to authorize SeniorSafe to debit your account (either banking, debit, or credit card accounts) for all Charges we assess and bill you for the SeniorSafe Products and Services on your account. You agree to provide us with accurate and complete billing and tax-related information and to report all changes within 30 days of the change. You will receive an electronic (paperless) confirmation of payment and a copy of the invoice unless you request a paper confirmation. If you select a monthly debit payment for your subscription, you can switch to paper payment confirmation and an invoice copy; however, you will be charged an additional $1.25 per month fee for the paper service. To select paper service, you may change your payment confirmation and invoice preferences at www.getseniorsafe.com/account or by contacting a SeniorSafe customer service agent. For more information about paperless billing, please contact a SeniorSafe customer service agent.

Out of Area Plan Charges. You may have to pay extra for calls to some numbers (e.g. outside your calling area, conference & chat lines, broadcast, calling card, international, 900 or 976 calls, etc.).

Here is more information about how we bill for calls, data usage, and messaging, Wi-Fi usage, third-party charges, taxes, and surcharges.

Taxes. You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give advance notice of changes to these charges. To determine taxes & fees, we use the street address you identified as your Place of Primary Use (“PPU”), unless the tax laws require the use of a different address, in which case we use the best information available to us to determine the correct address. The PPU for Puerto Rico customers must be in Puerto Rico. If you did not identify the correct PPU, or if you provided an address, such as a PO Box, that is not a recognized street address, does not allow us to identify the applicable taxing jurisdiction(s), or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. Except as may be otherwise required by law, in the event you dispute your PPU or the location we assigned you and the resulting taxes or fees applied on your bill, you must request a refund of the disputed tax or fee within 60 days of the date of our bill containing such tax or fee. Regardless of any Service Plan guarantee, taxes and fees may change from time to time without notice.

Surcharges. You agree to pay all surcharges applicable to your Service Plan. Surcharges are not mandated or imposed on you by law, they are SeniorSafe Charges that are determined, collected, and retained by us. The components and component amounts of the Surcharges are subject to change without notice. Surcharges include charges, costs, fees, and certain taxes that we incur to provide Services (and are not government taxes or fees imposed directly on our customers). Examples include general and administrative fees (such as certain costs we incur to provide Service), as well as governmental-related assessments (such as Federal or State Universal Service fees, 911 emergency service fees, regulatory or public safety charges, environmental fees, and gross receipts taxes). Surcharges assessed to you will vary depending on the type of Service Plan you have and PPU. Surcharges may change from time to time without notice, regardless of any Service Plan guarantee (and subject to our notice policy if changes to your Service Plan will have a material adverse effect on you). Surcharges will apply whether or not you benefit from the programs, activities, or services included in the Surcharge. When Surcharges are assessed in connection with your Service and or PPU, you can find the Surcharges detailed in either the “Taxes, Fees & Surcharges”, “SeniorSafe Fees and Charges” or the “Other Charges” sections of your bill or at www.getseniorsafe.com/account.

Other Fees. We may charge activation, prepayment, installation, reactivation, program, or other fees to establish, change, or maintain SeniorSafe Products and Services. Certain transactions may also be subject to a charge (for example, convenience payments, changing phone numbers, equipment upgrades, porting your telephone number, etc.). We will tell you if any of these fees apply to your requested transaction.

All payments for your SeniorSafe Products and Services AND Gateway Devices(s) must be made in United States Dollars (USD). If you use a credit card issued by a non-US financial institution to pay for a purchase of Services and Gateway Devices(s), your financial institution may convert the charge, and they may impose currency exchange fees.

Services purchased by the minute (such as international calling minutes per month) will expire on the last day of each month covered by your Service Plan.

e) WHAT IF I DON’T PAY ON TIME?

In the event we cannot debit your account, we may charge a late fee up to the maximum allowed by law, or we may cease providing you with our SeniorSafe Products and Services without notice. We may also charge a returned payment fee up to the maximum permitted by law. We may require you to pay for the SeniorSafe Products and Services on a one-time annual basis. If you fail to pay on time and we refer your account to a third party for collection, SeniorSafe will assess a collection fee, payable at the time of referral to the third party. The fee will be calculated as a percentage of the amount due, to the extent permitted and not otherwise prohibited by applicable law. If we accept late or partial payments, you must still pay the full amount you owe, including any late fees. We will not honor limiting notations you make on or with your checks. Late payment, non-payment, and/or collection fees are intended to be a reasonable advance estimate of our actual costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set. You and we each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or costs of collection permitted by law or this Agreement. If your account is unpaid or otherwise not in good standing, your service may be reduced, suspended, or terminated.

9. DOES SENIORSAFE CHECK MY CREDIT?

Yes and no. If you purchase the SeniorSafe monitoring service on an annual one-time payment basis, we will NOT check your credit. If you elect to purchase the SeniorSafe monitoring service on a monthly payment plan or make a significant volume of international calls, we may check your credit. We may obtain information about your credit history from credit reporting agencies, which may affect your credit rating. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may place a temporary or permanent account expense limit on your account to limit the amount you can charge, regardless of when payment on those charges is due. We may suspend your Services without prior notice if your account balance reaches the account expense limit, even if your account is not past due.

10. AM I REQUIRED TO MAKE A DEPOSIT?

We may require you to make a deposit or prepayment for Services. We can apply deposits, payments, or prepayments in any order to any amounts you owe us on any account. We will notify you if we use your deposit to pay any outstanding amounts. You will have 10 business days from the date of notification to replenish the deposit. If the deposit is not applied to any outstanding balances, it is refundable and will be credited to your account, along with interest, as required by law.

11. CAN SENIORSAFE ACCESS MY GATEWAY DEVICE(S)?

We may remotely change software, systems, applications, features, or programming on your Gateway Device or smartphone Application without notice. These changes will modify your Gateway Device and smartphone Application and may affect or erase data you have stored on your Gateway Device or smartphone Application, the way you have programmed your Gateway Device or smartphone Application, or the way you use your Gateway Device or smartphone Application. You will not be able to use your Gateway Device or smartphone Application during the installation of the changes, even for emergencies.

12. APPLICATION LICENSE

Our smartphone Application software (Software) is licensed, not sold, to you by SeniorSafe and/or other licensors for your personal, lawful, non-commercial use on your smartphone only. You may only use the Software as authorized by its license. Your smartphone “Software” includes its software, interfaces, documentation, and data, each of which may be updated or replaced through feature enhancements or other updates.

Except as permitted by Applicable law, you may not assign, transfer, sublicense, copy, reproduce, redistribute, resell, modify, decompile, attempt to derive the source code of, or reverse engineer all or any part of the Software, or alter, disable, or circumvent any security features embedded in the Software. The Software may not be transferable from one smartphone to another smartphone. You may not create derivative works of all or any part of the Software. You agree that the Software contains proprietary content and information owned by SeniorSafe, its licensors, and/or other third parties. SeniorSafe, its licensors, and such other third parties reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You agree that your violation of the Software license harms SeniorSafe, its licensors, and/or other third parties, that this harm cannot be fully redressed by money damages, and that SeniorSafe, its licensors, and such other third parties shall be entitled to immediate injunctive relief in addition to all other remedies available.

13. WHAT IS THE TERM OF THESE T&Cs?

The Term will vary depending on the Service Plan and Gateway Device(s) you choose. If you cancel the Services, you are responsible for all Charges incurred through the end of your Service term. If you port your number to another carrier, your Service will be deactivated. In addition, cancellation of Service may affect other agreements you have with us, including equipment installment plans or lease agreements, under which some payments may be accelerated upon cancellation.

YOUR SUBSCRIPTION WILL COMMENCE WHEN WE HAVE ACCEPTED YOUR SUBSCRIPTION ORDER TO THE SENIORSAFE PRODUCTS AND SERVICES AND WILL CONTINUE FOR THE TIME SPECIFIED IN THE CONFIRMATION EMAIL. UPON EXPIRATION OF YOUR INITIAL SUBSCRIPTION, YOUR SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR THE SAME PERIOD OF TIME UNLESS YOU PROVIDE NOTICE OF NON-RENEWAL AT LEAST FIVE (5) DAYS PRIOR TO THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD. IF THE TERM IS RENEWED, THE TERMS OF THE THEN-CURRENT TERMS OF SERVICE WILL GOVERN YOUR USE OF THE SENIORSAFE PRODUCTS AND SERVICES, SUBJECT TO ANY CHANGE IN THE FEES AS DESCRIBED HEREIN. IF YOU PROVIDE TIMELY NOTICE OF YOUR INTENT NOT TO RENEW THE SUBSCRIPTION, THEN YOUR ACCESS TO THE SENIORSAFE PRODUCTS AND SERVICES WILL TERMINATE ON THE EXPIRATION OF THE THEN-CURRENT TERM.

14. CAN SENIORSAFE CHANGE OR TERMINATE MY SERVICES OR THIS AGREEMENT?

Yes. Except as described below for Service Plans with a price-lock guarantee, we may change, limit, suspend or terminate your Service or this Agreement at any time, including if you engage in any of the prohibited uses described below under “what are the permitted and prohibited uses for my equipment and the services?” or no longer reside in a SeniorSafe network coverage area. Under certain limited circumstances, we may also block your Gateway Device or Application from working on our network. If the change to your Service Plan will have a material adverse effect on you, we will provide 14 days’ notice of the change. You’ll agree to any change by using your Service after the effective date of the change. We may exclude certain types of calls, e.g., conference and chat lines, broadcast, international, 900 or 976 calls, etc., in our sole discretion, without further notice.

If you are on a price-lock guaranteed Service Plan, we will not increase the annual or monthly recurring Service charge (“Recurring Charge”) for the period covered by your Service Plan. If you switch plans, the price-lock guarantee for your new Service will apply (if there is one). The price-lock guarantee applies only to your monthly Recurring Charge. It does not include, for example, add-on features, taxes, surcharges, fees, international calling charges and minutes, or charges for extra features, or Gateway Devices, or Applications. If your Service Plan or account is limited, suspended or terminated and then reinstated, you may be charged a reactivation fee.

15. YOUR CONSENT TO BE CONTACTED

We may contact you at any telephone number assigned to your account for any purpose, including marketing, and in any manner permitted by law. You also expressly consent to be contacted by SeniorSafe or our agents for any purpose, including call monitoring matters, billing and collection, at any mailing address, telephone number, or any other electronic address where you may be reached. You agree that SeniorSafe or our agents may contact you in any manner, including pre-recorded artificial voice, AI agent, human agent, or an automatic telephone dialing system. You agree to notify us promptly if you can no longer be reached at a contact number you provided us. You represent that you have received the consent of any Authorized Users and other users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account.

16. HOW DO WE NOTIFY EACH OTHER?

You may contact us at www.getseniorsafe.com/contact, by calling 1-855-888-6488, or by writing to: SeniorSafe Customer Relations, PO Box 199, 500 Summer Street, Stamford, CT 06904. SeniorSafe may deliver notices to you by mail, phone, text, or electronic means using your account information in our records. Electronic notices are considered delivered when sent. Mail notices are considered delivered 3 days after mailing. For multi-line accounts, we may assign a “Primary Telephone Number” to your account for the purpose of receiving notices, as well as for other purposes. If you would like to change it, contact us.

To begin arbitration or any other legal proceeding, you must serve our registered agent. Our registered agent is Harvard Business Services, Inc., and can be contacted at 1-800-345-2677.

17. EMERGENCY ALERTS

SeniorSafe may participate in the emergency alert programs administered by the federal government within portions of its wireless network. This allows federal, state, and local government agencies to send alerts about local emergencies to SeniorSafe customers in specifically defined geographic areas. You must have alert-capable equipment with appropriate notification settings to receive the emergency alerts. There is no additional charge for these wireless emergency alerts.

911 ACCESS

PLEASE CAREFULLY READ THE INFORMATION BELOW. IT CONTAINS IMPORTANT INFORMATION REGARDING LIMITATIONS OF 911 FUNCTIONALITY. YOU ACKNOWLEDGE THESE LIMITATIONS AND AGREE TO SHARE THESE LIMITATIONS WITH ANYONE WHO MAY USE YOUR SERVICE TO PLACE CALLS.

911 services are provided by your state and local government. SeniorSafe landline Gateway Devices permit making calls to 911 in the United States, and 911 access is available to customers regardless of your Service Plan. Subject to the Service Plan, monitoring location you select, and in the event you port your existing telephone number to our network, or we provide you a new telephone number on our network, we will register your phone number for E911 services in the area that you designate as your primary location or PPU of the landline associated with the Gateway Device. ALTHOUGH SENIORSAFE IS OFTEN CAPABLE OF COMMUNICATING YOUR PHONE NUMBER AND/OR REGISTERED PRIMARY LOCATION TO A PUBLIC SAFETY ANSWERING POINT (“911 COMMUNICATIONS CENTER”), IN SOME CASES, 911 COMMUNICATIONS CENTER OPERATORS MAY NOT KNOW YOUR PHONE NUMBER OR HAVE INFORMATION ABOUT YOUR CURRENT LOCATION. AS A RESULT, WHEN MAKING 911 CALLS, YOU SHOULD PROVIDE YOUR CONTACT INFORMATION AND CURRENT LOCATION. If you use our smartphone Application, your wireless carrier will remain responsible for your 911 access. In addition, other third-party entities are involved in connecting a 911 call, and SeniorSafe is not solely responsible for determining which 911 Communications Center your 911 call may be routed to. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 911 services while the port is in process. If you are outside the U.S., you may have to dial a different number than 911 to call emergency services. Furthermore, 911 functionality for SeniorSafe VoIP/SIP services may be impaired or unavailable:

  • If you use the landline VoIP Service in a location other than at Your E911 Registered Address;
  • If there is a problem with the broadband network and your Internet Service Provider, including network congestion, network, equipment, power failure, another technical problem, or during system updates or upgrades; and
  • If you have lost electrical power.

Before using any SeniorSafe gateway-enabled landline service, you must provide us with your E911 Registered Address, as defined below. If you call 911 using a SeniorSafe gateway-enabled landline service, and you have registered your primary landline phone’s location with us (“Registered Address”), your 911 call will go directly to the local 911 Communications Center associated with your Registered Address, and it may be used to help emergency responders locate you. You agree to update Your E911 Registered Address before you use the SeniorSafe gateway-enabled landline service at a different location. See paragraph 8(b), above, regarding changing the location of your Registered Address. You can update your E911 Registered Address by accessing your SeniorSafe account or by contacting a SeniorSafe customer service agent.

IN SOME CIRCUMSTANCES, WHEN USING A SENIORSAFE GATEWAY-ENABLED LANDLINE SERVICE, WE MAY NOT BE ABLE TO PROVIDE 911 COMMUNICATIONS CENTERS WITH YOUR CORRECT CURRENT LOCATION. IF YOU MAKE A 911 CALL USING A SENIORSAFE GATEWAY-ENABLED LANDLINE SERVICE, YOU SHOULD ALWAYS PROVIDE THE 911 COMMUNICATIONS CENTER YOUR CONTACT INFORMATION AND CURRENT LOCATION.

In some limited circumstances, such as when a user makes a call from an area not covered by the 911 network, users may have limited access, or no access, to either basic 911 or E911. If the user does not have access to either basic 911 or E911, or calls to 911 using SeniorSafe gateway-enabled landline service, your call may be sent to a national emergency call center, or not responded to at all. A trained agent at the national emergency call center should ask for the name, telephone number and location of the user calling 911, and then contact the local 911 Communications Center to request help for the user.

911 Billing; Additional Fees – We have agreed with certain emergency communications districts to bill you via e-mail, and to collect the charges via debiting your banking or credit facility, imposed by them for your ability to dial 911 services. Such charges are in addition to any fees paid by you for the Services. It is important that such charges are paid. If you do not pay this government-imposed charge, the emergency communications district in your jurisdiction may seek to collect any amounts from you directly. We do not profit at all from your 911 services and the funds we collect are turned over to the appropriate government authority pursuant to their requirements.

18. WHAT ARE THE PERMITTED AND PROHIBITED USES FOR MY EQUIPMENT AND THE SERVICES?

Our call monitoring service and network is a shared resource, which we manage for the benefit of all of our customers. Certain activities and uses of our Services and your devices are permitted and others are not. If you buy, lease, or finance equipment manufactured for use on our network, you agree, and we rely on your agreement, that you intend it to be activated on our Service and will not resell or modify the equipment, or assist anyone doing so. Here are examples of permitted and prohibited uses.

Permitted uses include:

  • Voice calls;
  • Messaging (with certain plans and equipment);

Unless explicitly permitted by your Service Plan, you are not permitted to use your Gateway Device, smartphone Application, or the Services in a way that we determine:

  • Uses a repeater or signal booster other than one we provide to you;
  • Compromises network security or capacity, degrades network performance, uses malicious software or “malware”, hinders other customers’ access to the network, or otherwise adversely impacts network service levels or legitimate communications flows;
  • Accesses the accounts of others without authority;
  • Uses a Gateway Device (provided for use in a fixed location) at a location or address other than the one provided at activation, other than as specified in paragraph 8(b) above;
  • Resells the Service, either alone or as part of any other good or service;
  • Tampers with, reprograms, alters, or otherwise modifies your Gateway Device and smartphone Application to circumvent any of our policies or violate anyone’s intellectual property rights;
  • Causes harm or adversely affects us, the network, our customers, employees, business, or any other person;
  • Conflicts with applicable law;
  • Is not in accordance with these T&Cs; or
  • Attempts or assists or facilitates anyone else in any of the above activities.

19. INTELLECTUAL PROPERTY RIGHTS

The SeniorSafe Platform and its entire contents, features and functionality (including but not limited to all applications, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), together with all intellectual property rights arising out of or related to the SeniorSafe Platform, are owned by SeniorSafe, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You acknowledge and agree that the SeniorSafe Platform is provided to you under a limited license for a limited time, and not sold to you, and that all uses of the term “sell,” “sale,” resell,” “purchase,” “price,” and the like related to the subscription of the SeniorSafe Products and Services means the purchase or sale of a subscription license for a limited time. The SeniorSafe Products and Services are made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of these Terms of Service or other terms provided to you for the SeniorSafe Products and Services. You do not acquire any ownership interest in the SeniorSafe Platform, or any other rights to the SeniorSafe Platform by purchasing a subscription, under these Terms of Service, or otherwise, other than to access and use the SeniorSafe Platform in accordance with the limited licenses granted and subject to all the terms, conditions, and restrictions of these Terms of Service or otherwise provided to you.

These Terms of Service permit users to use SeniorSafe for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the SeniorSafe Platform, except as necessary to access, use, and display the content of the SeniorSafe Platform. You may also print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If we provide desktop, mobile, or other applications for download, you may download a copy to your computer or smartphone solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Service or our end-user license agreement for such applications.

You must not:

  • Modify copies of any materials from the SeniorSafe Platform (including any Applications).
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the SeniorSafe Platform.

You must not access or use for any commercial purposes any part of the SeniorSafe Platform or any services or materials available through the SeniorSafe Platform without written consent of SeniorSafe.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the SeniorSafe Platform in breach of the Terms of Service, your right to use the SeniorSafe Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the SeniorSafe Platform or any content on the SeniorSafe Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website, SeniorSafe Products and Services, Applications, and Gateway Devices not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

20. TRADEMARKS

The SeniorSafe name, the SeniorSafe logo and all related names, logos, product and service names, designs and slogans are trademarks of Sentien Corporation or its affiliates or licensors. You must not use such marks without the prior written permission of SeniorSafe. All other names, logos, product and service names, designs and slogans on the SeniorSafe Platform are the trademarks of their respective owners.

21. PROHIBITED USES OF THE SENIORSAFE PLATFORM

You may use the SeniorSafe Platform (including any Applications), only for lawful purposes and in accordance with these Terms of Service. You agree not to use the SeniorSafe Platform and applications:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate SeniorSafe, a SeniorSafe employee, contractor, or service provider, another user, or any other person or entity (including, without limitation, by using e-mail addresses or spoofed phone numbers associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the SeniorSafe Platform, or which, as determined by us, may harm SeniorSafe or users of the SeniorSafe Platform or expose them to liability.

Additionally, you agree not to:

  • Use the SeniorSafe Platform in any manner that could disable, overburden, damage, or impair the Website, Applications, or SeniorSafe Products and Services, or interfere with any other party’s use of the foregoing, including their ability to engage in real-time activities through the SeniorSafe Platform.
  • Use any robot, spider or other automatic device, process or means to access the SeniorSafe Platform for any purpose, including monitoring or copying any of the material on the SeniorSafe Platform.
  • Use any manual process to monitor or copy any of the material on the SeniorSafe Platform or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the SeniorSafe Platform.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the SeniorSafe Platform, the server on which the SeniorSafe Platform is provided or made accessible, or any server, computer or database connected to the SeniorSafe Platform.
  • Attack the SeniorSafe Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the SeniorSafe Platform.

22. MONITORING AND ENFORCEMENT; TERMINATION

You acknowledge and agree that the use of the SeniorSafe Platform necessarily requires the transcribing, recording, monitoring, and eavesdropping of telephone communications between third parties and a user of the SeniorSafe Products and Services. We have the right to:

  • Take any action with respect to any such communications that we deem necessary or appropriate in our sole discretion, including terminating a call, or to detect, analyze, and prevent identified or potential malicious, deceptive, fraudulent, or illegal activity.
  • Disclose your identity or other information about you or any person you communicate with to a SeniorSafe Agent, or other third-party listed on your account (“Trusted Contact” or “Third Party Subscriber” or Law Enforcement), if we believe that a communication is malicious, deceptive, fraudulent, or illegal, or otherwise violates your or any other person’s rights, including any property rights or any right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any identified or potential malicious, deceptive, fraudulent, or illegal activity or other illegal or unauthorized use of the SeniorSafe Platform.
  • Terminate or suspend your access to all or part of the SeniorSafe Platform for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose your identity or the identity or other information of anyone engaging in malicious, deceptive, fraudulent, or illegal activity. YOU WAIVE AND HOLD HARMLESS SENIORSAFE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS, RESULTING FROM SENIORSAFE PROVIDING SERVICES TO YOU, AND FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

23. COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement on our Website or in our Applications that comply with applicable law. If you believe any materials accessible on or from the Website or Applications infringes your copyright, you may request removal of those materials (or access to them) from the Website and/or Applications by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website or Applications, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • Include both of the following statements in the body of the DMCA Notice:

    “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

    “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  • Our designated Copyright Agent to receive DMCA Notices is:

    Sentien Corporation
    P.O. Box 199
    500 Summer Street
    Stamford, CT 06904
    Attn., Copyright Agent
    Phone: 1-855-888-6488
    Email: copyright@sentien.ai

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

24. RELIANCE ON INFORMATION POSTED

The information presented on or through the Website or Applications is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website or Applications may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SeniorSafe, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SeniorSafe. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

25. CHANGES TO THE SENIORSAFE PLATFORM

We may update the content on the SeniorSafe Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the SeniorSafe Platform may be out of date at any given time, and we are under no obligation to update such material.

26. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on or through the SeniorSafe Platform is subject to our Privacy Notice, available at (www.getseniorsafe.com/privacy). By using the Website and Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

27. SUBSCRIPTION PURCHASES AND OTHER TERMS AND CONDITIONS

ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO SPECIFIC PORTIONS, SERVICES OR FEATURES OF THE SENIORSAFE PLATFORM. ALL SUCH ADDITIONAL TERMS AND CONDITIONS ARE HEREBY INCORPORATED BY THIS REFERENCE INTO THESE TERMS OF SERVICE. BY PLACING A SUBSCRIPTION ORDER TO THE SENIORSAFE PRODUCTS AND SERVICES, YOU ACCEPT AND ARE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, INCLUDING THOSE IN THIS SECTION. YOU MAY NOT PLACE AN ORDER TO SUBSCRIBE TO THE SENIORSAFE PRODUCTS AND SERVICES IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ARE OTHERWISE PROHIBITED FROM ACCESSING OR USING THE SENIORSAFE PRODUCTS AND SERVICES BY APPLICABLE LAW.

You agree that your subscription order is an offer to purchase a subscription, under these Terms of Service, to the specific SeniorSafe Products and Services you specify in your order. All subscription orders must be accepted by us, or we will not be obligated to provide you with a subscription to the SeniorSafe Products and Services. We may choose not to accept any subscription order in our sole discretion. After receiving your subscription order, we will send you a confirmation email to your email address, or to the email address of a Trusted Contact or Subscribing Third Party, with your order number and the details of the SeniorSafe Products and Services you ordered. You have the option to cancel your order at any time before we have sent your subscription order confirmation email by calling our customer service department. Once we have accepted your subscription order, your order is non-cancellable and all fees paid for your subscription are non-refundable.

All subscription fees posted on the Website or Applications are subject to change without notice. The fees charged for your initial subscription to any of the SeniorSafe Products and Services will be the fees in effect at the time the order is placed and will be set out in your order confirmation email. Fee increases, if any, will only apply to subscription renewals. Posted subscription fees do not include taxes or other government-required or other stated charges. All such taxes and charges will be added to your subscription total and will be itemized on the payment screen as well as in your order confirmation email. We are not responsible for pricing, typographical, or other errors, and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept all major credit cards for all subscriptions.

You represent and warrant that: (i) the credit card, bank account, and phone, and/or email information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card or bank debit for the subscription and to enable our SeniorSafe Products and Services on the phone and/or email accounts you provide; (iii) subscription fees, international calling billing, and other billable fees and costs incurred by you will be honored by your credit card company or bank debit facility; and (iv) you will pay the subscription fees, international calling billing, and other billable fees and costs incurred by you at the posted rates, including all applicable taxes and charges, if any.

28. LINKING TO THE SENIORSAFE PLATFORM AND SOCIAL MEDIA FEATURES

You may link to our Website homepage or Application home screen, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

Our SeniorSafe Platform may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website or in the Applications.
  • Send e-mails, text messages, automated voice communications, or other communications with certain content, or links to certain content, on our Website or Applications.
  • Cause limited portions of content on the Website or Applications to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or Applications or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Otherwise take any action with respect to the materials on or through the SeniorSafe Platform that is inconsistent with any other provision of these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

29. LINKS FROM THE SENIORSAFE PLATFORM

If the SeniorSafe Platform may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in malicious, deceptive, fraudulent, or illegal activity alerts. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites available on links on any of the SeniorSafe Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

30. GEOGRAPHIC RESTRICTIONS

The owner of the SeniorSafe Platform is based in the state of Connecticut in the United States. We provide the SeniorSafe Platform for use only by persons located in the United States (other than third parties who may communicate with a user of the SeniorSafe Products and Services). We make no claims that the SeniorSafe Services or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access or use the SeniorSafe Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

31. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that we can or will detect and/or prevent all malicious, deceptive, fraudulent, or illegal activity. You (and all users of the SeniorSafe Products and Services) are responsible for investigating and taking appropriate action against all communications, including any that may be malicious, deceptive, fraudulent, or illegal. IN NO EVENT WILL SENIORSAFE OR ANY OF ITS AFFILIATES, LICENSEES, OR SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY OR RELATED TO ANY MALICIOUS, DECEPTIVE, FRAUDULENT, OR ILLEGAL ACTIVITY, EITHER DETECTED OR NOT DETECTED BY THE SENIORSAFE CALL MONITORING SERVICE OR ASSOCIATED IN ANY WAY WITH THE SENIORSAFE PLATFORM.

You further understand that files available for downloading from the internet or the Website or Applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website or Applications for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SMARTPHONE DEVICE, GATEWAY DEVICE, FIXED-LINE TELEPHONE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, APPLICATIONS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATIONS OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE OR OTHER APPLICATIONS LINKED TO THEM.

YOUR USE OF THE SENIORSAFE PLATFORM, ITS CONTENT AND ANY SENIORSAFE PRODUCTS AND SERVICES OBTAINED ON OR THROUGH THE SENIORSAFE PLATFORM IS AT YOUR OWN RISK. EXCEPT AS MAY OTHERWISE BE EXPLICITLY STATED IN THESE TERMS OF SERVICE, THE SENIORSAFE PLATFORM, ITS CONTENT, AND ANY SENIORSAFE PRODUCTS AND SERVICES OBTAINED ON OR THROUGH THE SENIORSAFE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SENIORSAFE NOR ANY PERSON ASSOCIATED WITH SENIORSAFE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SENIORSAFE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER SENIORSAFE NOR ANYONE ASSOCIATED WITH SENIORSAFE REPRESENTS OR WARRANTS THAT THE SENIORSAFE PLATFORM, ITS CONTENT OR ANY SENIORSAFE PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SENIORSAFE PLATFORM OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SENIORSAFE PLATFORM OR ANY SERVICES OBTAINED ON OR THROUGH THE SENIORSAFE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SENIORSAFE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

32. LIMITATION ON LIABILITY

WE CANNOT DETECT AND/OR PREVENT ALL MALICIOUS, DECEPTIVE, FRAUDULENT, OR ILLEGAL ACTIVITY BEFORE OR WHILE IT OCCURS, AND CANNOT ENSURE PROMPT IDENTIFICATION OF MALICIOUS, DECEPTIVE, FRAUDULENT, OR ILLEGAL ACTIVITY BEFORE IT IS RECEIVED OR ACTED UPON. ACCORDINGLY, WE ASSUME NO LIABILITY FOR ANY ACTION OR INACTION REGARDING TRANSMISSIONS, COMMUNICATIONS OR ACTIVITY THAT IS MALICIOUS, DECEPTIVE, FRAUDULENT, OR ILLEGAL. WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR THE PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.

IN NO EVENT WILL SENIORSAFE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SENIORSAFE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR APPLICATIONS OR SUCH OTHER WEBSITES, APPLICATIONS, OR ANY SENIORSAFE PRODUCTS AND SERVICES OBTAINED ON OR THROUGH THE SENIORSAFE PLATFORM OR SUCH OTHER WEBSITES OR APPLICATIONS, OR FOR ANY FAILURE TO DETECT AND/OR PREVENT ANY MALICIOUS, DECEPTIVE, FRAUDULENT, OR ILLEGAL ACTIVITY OR TELEPHONE COMMUNICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF MONEY, LOSS OF ASSETS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

33. INDEMNIFICATION

You agree to defend, indemnify and hold harmless SeniorSafe, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the SeniorSafe Platform, including, but not limited to, any use of the SeniorSafe Services, other than as expressly authorized in these Terms of Service or your use of any information obtained from the SeniorSafe Services.

34. GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

In the event arbitration (as set forth below) is unavailable for any reason or otherwise waived by mutual agreement of you and SeniorSafe, any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the SeniorSafe Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and Borough of Manhattan, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in the state that you reside, or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

35. ARBITRATION; MASS ARBITRATION

EXCEPT FOR ANY “MASS ARBITRATION” DISPUTES DESCRIBED BELOW, YOU AND SENIORSAFE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF A LICENSE TO THE SENIORSAFE PRODUCTS AND SERVICES OR YOUR LICENSE AND/OR USE OF THE WEBSITE OR APPLICATIONS OR PRODUCTS AND SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”) then in effect, except as modified by this Section 20. (The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/.) You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you seek arbitration or elect to file a small claim court action, you must first send SeniorSafe, by certified mail, a written notice of your claim (a “Notice”) to the address set forth below. If SeniorSafe initiates the arbitration, it will send such Notice to you at your address on file. A Notice, whether sent by you or SeniorSafe, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and SeniorSafe do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or SeniorSafe may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

If we are unable to resolve the claim within 30 days after the Notice is received, you may commence arbitration with JAMS at https://www.jamsadr.com/submit.

If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If you claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of SeniorSafe last written settlement offer made before an arbitrator was selected (or if SeniorSafe has not made a settlement offer before an arbitrator was selected), then SeniorSafe will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.

Except for “Mass Arbitration” as described below, you agree to an arbitration on an individual basis. EXCEPT FOR “MASS ARBITRATION” AS DESCRIBED BELOW, IN ANY DISPUTE, NEITHER YOU NOR SENIORSAFE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Except for “Mass Arbitration” as described below, the arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

This arbitration clause shall survive the termination of these Terms of Service. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Service shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.

36. MASS ARBITRATION

If, at any time, 25 or more claimants (including you) submit demands or seek to file demands for arbitration raising similar claims against SeniorSafe, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and SeniorSafe agree that the JAMS shall not serve as arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that your election to participate in a Mass Filing may result in a delay in the adjudication of your dispute with SeniorSafe. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.

Stage One: Counsel for the claimants and counsel for SeniorSafe shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and SeniorSafe will pay the mediator’s fee.

Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for SeniorSafe shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and SeniorSafe will pay the mediator’s fee.

Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for SeniorSafe shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.

If your Claim is not resolved as part of the staged process identified above, either:

  • Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. We may opt your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.

OR

  • Option Two: If neither you nor we elect to have your Claim heard in court consistent with Option One, then you agree that your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim will proceed in a court of competent jurisdiction consistent with these Terms.

You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.

In the event of an exercise of an opt out of binding arbitration as provided above, all such Disputes shall be exclusively brought as set forth in Section 19. You agree and consent to waive all defenses of lack of personal jurisdiction and forum non conveniens (i.e., inconvenient forum) with respect to venue and jurisdiction in the state and federal courts as set forth in Section 19. You consent to exclusive jurisdiction and venue in these courts.

37. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SENIORSAFE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

38. WAIVER AND SEVERABILITY

No waiver by SeniorSafe of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SeniorSafe to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

39. FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance of the SeniorSafe Products and Services under these Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

40. NO THIRD PARTY BENEFICIARIES.

These Terms of Service do not and are not intended to confer any rights or remedies upon any person other than you as the subscriber or authorized user (who owns the phone number or email address listed on the subscription) of the SeniorSafe Products and Services.

41. ENTIRE AGREEMENT

The Terms of Service and our Privacy Notice constitute the sole and entire agreement between you and SeniorSafe with respect to the SeniorSafe Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the SeniorSafe Platform.

42. YOUR COMMENTS AND CONCERNS

Contact Information

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