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TERMS AND CONDITIONS

PARTIES
The parties bound to these Terms and Conditions shall be UnaliWear, Inc. (“UnaliWear”), and the person(s) whose name(s) appear(s) under the words “Wearer” and, if different, the person (“Buyer”) whose name appears under the words “Buyer Information” on the Order Confirmation on the UnaliWear web site. Wearer is sometimes referred to as “User” and “Buyer” is sometimes referred to as “Purchaser”, collectively referred to as “Customer.” “Equipment” refers to UnaliWear’s Kanega Watch and any other accessories or devices provided to the Customer by UnaliWear.
SERVICES

UnaliWear will provide to the Wearer Mobile Personal Emergency Response System (mPERS) Equipment that is monitored twenty-four hours a day, seven days per week, by a professional medical alert monitoring service contracted for such purposes by UnaliWear.  The service includes receipt, analysis and response to alarm signals and calls made by the Wearer through the Equipment, and if applicable, notification and location services through UnaliWear’s server (collectively, the “Services”). The Equipment is intended to be used only for medical or other similar personal emergencies. Upon notification of an emergency condition by User’s Equipment, UnaliWear or its designee will take all reasonable and practicable steps to promptly contact the Wearer to determine whether it is necessary to notify appropriate caregivers or emergency response services as designated by and in accordance with the UnaliWear Configuration and Monitoring Center Information provided by the User.  In the event that an emergency responder is sent to the Wearer’s home and cannot enter through the door, the Customer assumes all risk of personal injury or loss or damage to the Wearer’s premises or the contents thereof.  UnaliWear relies on the information the Customer provides about their home location and their personal emergency contacts.  The Services do not provide intrusion or fire protection.   The monitoring service will not begin, and the medical alert monitoring service shall have not obligation to notify emergency personnel, until a test signal from the Equipment has been successfully received by the medical alert monitoring center and the Wearer has received confirmation that such signal has been received.  For a Kanega Watch, a successful test signal is a comprehensible test phone call over either Wi-Fi or cellular from the Kanega Watch to the medical alert monitoring center.

PAYMENT
The Purchaser will be charged the amount specified by UnaliWear at the time the Services are ordered unless the account is being provided to the Customer as a benefit by a third party.  The Purchaser agrees to permit UnaliWear to use any updated account information regarding the selected payment provided by the Purchaser’s issuing bank or the applicable payment network including new expiration dates.  The original term of this Agreement is the billing cycle selected (monthly, quarterly, semi-annually or annually), and will renew for the same consecutive billing cycle thereafter unless and until this Agreement is terminated pursuant to the terms of this Agreement.
The Purchaser agrees to pay all sales, service, property, use and local taxes; any police, fire department, ambulance or paramedic charges or fees; any permit fees, telephone charges, return check charges, or late fees, if applicable; and any additional fees or charges arising under this Agreement, whether imposed on the Customer or on UnaliWear, and to have the amount charged to the Purchaser by UnaliWear on the Purchaser’s current payment method on file.  Balances that are more than thirty (30) days past due will be subject to a monthly finance charge equal to 1.5% per month or the maximum allowable by law.  In the event that it becomes necessary for UnaliWear to undertake legal proceedings to collect payments due under this Agreement, the Purchaser agrees to reimburse all reasonable attorneys’ fees associated with such collection action, except where prohibited by law.  UnaliWear shall have the right to increase any fees at any time.
TERM AND TERMINATION

This Agreement shall become effective upon shipment of the Equipment and will continue unless and until terminated as provided below. The Agreement may be terminated by the Customer or UnaliWear at any time for any reason.  UnaliWear, in its sole discretion, may suspend the Services or terminate this Service.  Any termination by UnaliWear, such as in cases of non-payment of fees or misuse of the monitoring system by Customer, shall be effective upon five (5) days’ advance notice to Customer. If UnaliWear reactivates the Services, the Purchaser shall pay, in advance, UnaliWear’s then prevailing reconnection fee. The Customer may terminate this Service at any time by writing or calling UnaliWear and notifying UnaliWear of the request to terminate as provided in Cancelations & Returns.

For Service purchased prior to May 13, 2024:

Service will not be terminated until all Equipment has been returned to UnaliWear as provided in Cancelations & Returns. Returning the Equipment to UnaliWear is at the Purchaser’s expense. If all Equipment is not returned, the Purchaser will continue to be charged the Services fees or agree to pay equipment replacement fees solely designated by UnaliWear. Upon termination of UnaliWear’s Services, all Equipment shall be returned to UnaliWear in satisfactory condition. If any Equipment is returned in an unsatisfactory condition such that, in UnaliWear’s sole discretion, it is not reasonably usable for the monitoring purposes for which it was intended, UnaliWear will charge and Purchaser agrees to pay the reasonable replacement costs for such equipment, not to exceed Six Hundred Fifty Dollars ($650.00). When requested by the Customer at time of termination, if the Customer’s account has a remaining balance of $20.00 or more, the Purchaser will receive a prorated refund, based on the non-discounted rate, after UnaliWear receives the returned Equipment. Expedited shipping fees are never refundable. After the Customer’s first 30 days of service, the One Time Set-Up charge is non-refundable.

For Service purchased on or after May 13, 2024:

Service will be canceled as provided in Cancelations & Returns. Cancellation with be effective upon receipt of a signed Cancellation Letter provided by UnaliWear via either mail or email. Upon receipt of the executed Cancellation Letter a prorated refund will be issued for the unused full months of service period that may have been prepaid, refunded at the undiscounted price. In addition, UnaliWear may give the Purchaser the option to return their equipment (watch, batteries, charger) and, if inspection by UnaliWear determines that all equipment is in full working order, the Purchaser will be provided an equipment refund of up to 40% of their original purchase price. The amount of the total equipment refund, and the determination of the equipment functionality, is UnaliWear’s sole discretion. The processing of any refund may take up to 30 days upon receipt of your Cancellation Letter and equipment, if applicable.

CUSTOMER RESPONSIBILITIES
Customer is responsible for: (a) completing the Subscriber Information Form and promptly notifying UnaliWear in writing of any changes in the Customer’s Wi-Fi setup, primary home address, or changes in the person or telephone numbers on the Customer’s emergency contact list; (a) initial setup of Equipment including the initial test signal that activates monitoring services; (b) regularly testing service and verifying cellular service functionality and in-home internet connectivity; (c) insuring equipment or, in the event of damage due to fire or other casualty, otherwise reimbursing UnaliWear for such loss; (d) refraining from attempting to repair or alter Equipment; (e) promptly informing UnaliWear of any malfunctions regarding Equipment; (f) refraining from causing the unreasonable occurrence of any false alarm or, in the event of such, paying the reasonable costs incurred by UnaliWear, its agents, designees, or subcontractors, in responding to such false alarm(s) including any duly levied fines or penalties incurred arising from such false alarm(s); (g) registering as a user of EMS services in Customer’s jurisdiction (if registration or pay-per-use is applicable to the Customer’s location); and (h) obtaining any permit or licenses that may be required in Customer’s location. Customer acknowledges that all communications between you, UnaliWear, and the medical alarm monitoring center may be recorded, and Customer consents to such recording. In addition, Customer agrees to UnaliWear’s Privacy Policy located on its website or by visiting https://www.unaliwear.com/privacy-policy/.
FALSE ALARMS
To avoid false alarms, UnaliWear’s monitoring service may first determine whether an actual emergency exists before contacting emergency personnel. UnaliWear understands that false alarms can occur. In the event that UnaliWear determines there have been too many false alarms, UnaliWear may suspend or cancel the Services. The Customer is responsible for any fines, penalties, or other fees arising from a false alarm.
EQUIPMENT

The Customer is responsible for ensuring that their home internet connectivity is in good service. UnaliWear may, in its sole discretion, repair or replace all or portions of the Equipment if it becomes damaged or defective, unless the Equipment has previously been disassembled, repaired or modified by someone other than UnaliWear or its authorized service representative or if the Equipment has been damaged as a result of the negligence or misconduct by any person other than UnaliWear or its authorized service representative. If the Equipment becomes damaged as a result of the above, the Customer shall pay UnaliWear the replacement price of the Equipment of up to Six Hundred Fifty Dollars ($650.00). The Equipment and all monitoring software, computer codes and monitoring information remain UnaliWear’s sole and exclusive property. A Limited Lifetime Consumer Warranty applies to the physical Equipment as provided in https://www.unaliwear.com/consumer-limited-warranty. All Equipment should be tested on a monthly basis to confirm it is working properly. Customer acknowledges that UnaliWear’s artificial intelligence-based automatic fall detection and UnaliWear’s artificial intelligence-based activity monitoring does not detect one-hundred percent (100%) of falls or periods of potentially concerning activity or inactivity. If able, Wearers should always request assistance through speech activation of the Kanega Watch or by pressing the Kanega Watch crown button for two (2) seconds. Neither UnaliWear’s artificial intelligence-based automatic fall detection nor UnaliWear’s artificial intelligence-based activity monitoring is intended to replace a caregiver for Wearers dealing with serious health issues.

LIMITATIONS OF THE EQUIPMENT AND SERVICES
UnaliWear is not responsible for the promptness, sufficiency or adequacy of the action of any emergency responder. UnaliWear will not send any of its personnel to Wearer’s location in response to an emergency alarm signal. Neither the Equipment nor the Services can prevent death, bodily or personal injury, or any other harm or damage to the Wearer or others who use them. Customer acknowledges and understands that this monitoring system is dependent on the functionality of cellular service and/or internet connectivity and the availability of global positioning system (“GPS”) data to operate properly. Customer recognizes that UnaliWear has no control over, nor is it responsible for, such functionality or connectivity. There is always a chance that the Equipment may fail to operate properly. The 911 emergency services line is an alternative to the Equipment and the Services. If utilizing Services that include medication reminder functionality, Customer acknowledges that medication reminders are not intended to be used as a confirmation that the medication was actually taken nor is it intended to be used as a tool for dispensing medications. The accuracy of medication reminder data is the sole responsibility of the Customer entering the data. The Customer acknowledges and accepts that the medication reminders feature may display Private Medical Information.
ASSIGNEES AND SUBCONTRACTORS
UnaliWear reserves the right to assign this Agreement, or to subcontract its obligations hereunder, to any third party without the consent of the Customer. This Agreement shall apply to any assignee or subcontractor and protect them in the same manner as it applies to and protects UnaliWear. Any subcontractor shall be considered an “independent contractor” and therefore not affiliated with UnaliWear in any way as a partner, joint venture, agent, or employee. You may not transfer this Agreement without prior written approval by UnaliWear.
WARRANTY; DISCLAIMER; LIMITATIONS ON LIABILITY
UnaliWear makes no warranties or guarantees of any kind whatsoever related to the Services or related Equipment and expressly disclaims any such warranties or guarantees, whether express or implied, written or oral, with respect to the Services or the Equipment, including without limitation any warranty of merchantability or fitness for a particular purpose. Customer furthermore understands that UnaliWear is not an insurer of the Wearer’s premises, property, or personal safety, and payments provided to UnaliWear are solely for the Services and lease of Equipment set forth herein. Customer agrees and acknowledges that fixing actual damages from the incidence of any negligence or failure to perform on the part of UnaliWear is inherently difficult and therefore agrees, if there should arise any liability under this Agreement or in any way related to the Services or Equipment provided, whether based upon tort, contract, or otherwise, including any liability alleged to arise from the negligence or intentional actions of UnaliWear, UnaliWear’s liability shall not exceed One Thousand Dollars ($1000.00), inclusive of all claims for damages, costs, or otherwise. Upon such a finding of liability, this amount shall be paid by UnaliWear and received by Customer as liquidated damages in full and fair compensation for Customer’s loss and not as a penalty. Claims for liability must be made on or before the first anniversary of the event allegedly giving rise to the liability. Claims or actions brought more than one (1) year after the date of the event giving rise to the alleged liability are barred by agreement between UnaliWear and the Customer regardless of any Statute of Limitations and are waived forever. In no circumstance shall UnaliWear be liable to Customer for incidental, consequential, special, exemplary, or other damages.
THIRD PARTY INDEMNIFICATION AND NO SUBROGATION
Should any third party seek contribution or compensation for any claim or loss relating in any way to the Services or Equipment provided by UnaliWear hereunder, Customer agrees to indemnify, defend, and hold harmless UnaliWear, its employees, agents, and subcontractors against any and all such claims, regardless of the claimant’s theory of liability. Customer further agrees to pay UnaliWear (i) any amount which a court orders UnaliWear to pay or which UnaliWear reasonably agrees to pay, and (ii) the amount of UnaliWear’s reasonable attorney’s fees and any other losses or costs that UnaliWear may pay in connection with the harm or damages.
DISPUTE RESOLUTION
This Agreement shall be construed according to the laws of the State of Texas and all actions or claims arising under or relating to this Agreement shall be brought exclusively in the courts of Travis County, Texas. Both parties agree that no lawsuit or any other legal proceeding brought in connection with this Agreement shall be brought or filed more than one (1) year after the event giving rise to the claim occurred. Both parties agree that any lawsuit or other legal proceeding brought in connection with this Agreement will be conducted only on an individual basis, and not in a class, consolidated or representative action. Customer hereby expressly consents to the jurisdiction of the courts of Travis County, Texas, for the resolution of such disputes and furthermore permanently and irrevocably waives any right to a jury trial for any claim or action arising under or relating to this Agreement. The scope of this waiver is intended to cover all disputes that may be filed in court, including without limitations contract, tort, breach of duty and all other common law and statutory claims. This waiver is irrevocable and may not be modified either orally or in writing. This waiver applies to any future amendments, renewals, supplements or modifications of or to this Agreement. In the event of litigation covered by the scope of this waiver, this Agreement may be filed in court as a written consent to a trial by the court. Should UnaliWear be required to engage legal counsel for the purposes of resolving any dispute with Customer or to enforce any term or condition herein, Customer agrees to pay the UnaliWear the reasonable attorney’s fees associated with such engagement, except where prohibited by law.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement and understanding between Customer and UnaliWear concerning the subject matter hereof and supersedes all prior discussions, agreements and representations, whether oral or written and whether or not executed.
MODIFICATION
UnaliWear reserves the right to modify these Terms and Conditions, Limited Consumer Warranty, and/or Privacy Policy by publishing such on its website and Customer agrees that such publication shall be deemed adequate notice of such modification and agrees to be bound by such modified Terms and Conditions upon such publication. UnaliWear may also mail updated Terms and Conditions to the Customer’s address on file.
Date posted: May 9, 2024

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©2015-2024 UnaliWear Inc.

UnaliWear’s RealFall™ Fall Detection and additional proprietary technology are protected by the following US and International Patents: US Patent 10,051,410 and US Patent 10,687,193 * Mexico Patent 363492 * Australia Patent 2014321303 * Japan Patent 6346953 * China Patent 105765639 * European Patent 14845754 * Israeli Patent 244489 * Canada Patent 2,923,745

Order with confidence with our 30-day money-back guarantees — no contract required.

30-day Money-Back Guarantee
If equipment is returned undamaged and fully functioning within the 30-day trial period (from date of shipment to date of return), UnaliWear will provide a free return-shipping label and refund your entire purchase, minus a $75 restocking fee.

AARP and Military Veterans get one month FREE!

All AARP members and Military Veterans receive a free month added onto the end of the first year of service (offers cannot be combined). Simply indicate your appropriate status in the Referral/Promo box during checkout or mention it when ordering over the phone (888-343-1513).

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Pre-Shipment Form & Configuration

Once your purchase and payment are complete, we will ask you to provide important information about the person who will be wearing this Kanega watch and protected by our monitoring and emergency response services, including:
  • Wearer name and contact information
  • Wearer band/wrist size
  • Service address and access instructions
  • WiFi settings
  • Emergency contacts
  • Medication reminder times (optional)
Our Care & Safety Experts will use this information to pre-program and personalize your watch so that it arrives ready-to-use straight out of the box – for no additional fee.

Your Kanega watch and equipment arrives fully—configured and ready-to-use straight out of the box — no programming required.

Our dedicated Care & Safety Experts ensure your Kanega watch arrives pre-programmed and personalized with you or your loved ones:
  • Emergency contacts
  • Notification settings
  • WiFi settings
  • Optional medication reminders
  • And more
After your purchase, we will ask you to provide important information about the wearer through a simple pre-shipment online form. Then our Care & Safety Experts will take care of the rest. They will also call once your Kanega watch is delivered to answer any questions you have about your watch, accessories, subscription or services — and will remain available to ensure your watch is working properly as long as you stay subscribed.

UnaliWear’s patented RealFall™ technology is based on actual fall data from Kanega Watch wearers and gets smarter about each wearer’s personal movements over time— continuously improving fall detection accuracy and limiting/eliminating false alerts. No other medical alert system offers this real fall/related movement learning and continuous improvement technology. Click here to learn more.