Terms of Service

Genus Care values your privacy, and all our data processing activities are fully compliant with national data protection legislation. Genus Care does not, for example, sell your personal data to third parties. In this terms of service, we explain the responsibilities of using the Genus products and services.

1. Introduction

Welcome to Genus Care. These Terms of Service ("Terms") govern the relationship between Genus Care BV ("Genus"), its distributors, care organisations, and end users regarding the provision and use of Genus Hardware, software platform, and social alarming solutions (“Genus Products”). By using our services, you agree to comply with and be bound by these Terms.

2. Definitions

• Genus: Refers to the Genus Care B.V. of both Hardware and software platform, as well as social alarming solutions.
• Distributor: The entity that receives Genus Hardware directly from Genus and sells or otherwise makes it available to Resellers, Business Partners, Care Organisations, commercial entities, or Consumer End Users within its designated territory.
• Reseller: A party selected by a Distributor to sell Genus Products within the territory of that Distributor.
• Business Partner: A specialized Reseller whose solution integrates Genus Products and who maintains a direct Service Level Agreement (SLA) with Genus.
• Care Organisation: The institutional entity that purchases or leases Genus Hardware from a Distributor, Reseller, or Business Partner and utilizes the Genus software platform for institutional care delivery.
• End User: The individual or entity that ultimately uses the Genus Hardware and Software platform.
• Consumer End User: An individual End User who acquires Genus Products through an authorized Distributor, Reseller, Business Partner, or Care Organisation for personal, family, or household use outside of an institutional care program. Consumer End Users cannot purchase Hardware, services, or subscriptions directly from Genus Care BV.
• Hardware: Physical devices provided by Genus to a Distributor, Reseller, Business Partner, Care Organisation, or Consumer End User.
• Genus App: The Genus Family and Professional Apps provided via the App Stores
• Genus Portal: The Genus Community and Business Portal
• Software Platform: The software provided by Genus, including any updates, enhancements, or modifications.
• Social Alarming Solution: A solution provided by Genus to facilitate social alarms, for issues not requiring immediate attention by emergency services.
  

3. Provision of Hardware

3.1. Delivery and Acceptance

Genus will provide the agreed Hardware to the Distributor or contracting purchaser (including Business Partners). The recipient is responsible for inspecting Hardware upon receipt and notifying Genus of visible defects within fourteen (14) calendar days, after which delivery is deemed complete and accepted without visible defect.

3.2. Title and Risk

Title and risk of loss for Hardware pass to the Distributor or purchaser upon delivery or in accordance with explicitly agreed Incoterms. 

3.3. Warranty

Genus warrants Hardware against defects in materials and workmanship for one (1) year from the date of delivery to the Distributor or direct buyer. Authorized Distributors are authorized to transfer warranty rights to Resellers, Business Partners, Care Organisations, or Consumer End Users under identical terms. If Hardware becomes defective during warranty, Genus shall, at its sole option, repair, replace, or credit the purchase price to the legal owner. Warranty exclusions apply for misuse, user fault, unauthorized repair, or external forces (e.g., power surges, fire, water leakage).

4. Distribution and Sales, and Commercial Terms

4.1. Distributor Responsibilities

Distributors, Resellers and Busines partners agree to market and sell Genus Hardware in compliance with applicable laws, industry standards, and Genus specifications. Unless governed by the exclusive distributor agreement or direct SLA, Distributors and Resellers are solely responsible for providing first-line technical support and customer service to their buyers. Business Partners integrating Genus Products into their own solutions are responsible for customer relationship management while maintaining direct escalation channels with Genus under their bilateral SLA.

4.2. Commercial Pricing and Payment

Commercial pricing, hardware supply rates, software platform subscription fees, invoicing terms, and payment schedules between Genus and a Distributor or Business Partner are exclusively defined in and governed by the respective bilateral agreements executed with Genus.

4.3. Consumer Purchases and Statutory Rights

Consumer End Users acquire Genus Products exclusively through authorized Distributors, Resellers, Business Partners, or Care Organisations and cannot purchase Hardware or platform access directly from Genus Care BV. Consequently, all statutory rights of withdrawal, product returns, refunds, and purchase cancellations must be exercised directly through the selling party in accordance with applicable consumer protection laws and the seller's commercial terms.

5. Use of Software Platform, Intellectual Property, and Service Level Agreement (SLA)

5.1. License Grant and Conditions

Subject to timely payment of applicable subscription fees, Genus grants Care Organisations, Distributors, Resellers, Business Partners, and End Users a limited, revocable, non-exclusive, non-transferable license to access and use the Software Platform, Portals, and Apps solely with authorized Genus Hardware for care coordination and social alarming.

5.2. Intellectual Property Rights and Protective Covenants

Genus retains all rights, title, and interest in Genus Hardware, Software Platform, Portals, Apps, algorithms, firmware, and IP. Users, Distributors, Resellers, Business Partners, and Care Organisations shall not reverse engineer, decompile, clone, benchmark, scrape, sublicense, or modify Genus technology.

5.3. Service Availability and Maintenance

Genus targets an operational uptime availability of 99.75% per rolling 12-month period for the Software Platform, measured monthly excluding planned maintenance. Real-time operational status and scheduled maintenance windows are published at https://status.genus.care.

5.4. Downtime Exclusions

Calculations of availability exclude planned downtime (notified 2 weeks in advance), force majeure, third-party network or OS push notification outages, and emergency security actions.

5.5. B2B Service Level Agreement (SLA) Remedies & End-User Scope

Service Credit calculations set forth under enterprise SLA schedules apply exclusively to contracting B2B clients holding a direct SLA with Genus (such as Distributors and Business Partners). Service credits are calculated as a percentage of the contracting party's Annualized Subscription Fee and applied against future B2B invoices or as a final credit note upon non-renewal. Service credits represent the contracting enterprise entity's sole monetary remedy for platform downtime. Indirect Resellers, Care Organisations without direct SLAs, and individual End Users are not entitled to direct cash refunds, billing credits, or monetary disbursements from Genus under this SLA provision.

6. Social Alarming Solution

6.1. Nature of Service

Genus provides a social alarming solution designed solely for non-emergency social care coordination. Genus Products are not medical devices and are not suitable for emergency situations requiring professional emergency personnel or 112 dispatch.

6.2. Limitations

All users must understand platform limitations and maintain immediate, direct access to primary emergency service channels

7. Data Privacy and Security

7.1. Governance and Roles

Genus processes personal data in compliance with the GDPR. Genus acts as a Data Processor when operating under instructions of Healthcare Organisations (Data Controllers), and as an independent Data Controller for administrative account data, website visitors, and Consumer End User accounts registered on the platform.

7.2. Privacy Policy Incorporation

The Genus Care Privacy Policy is incorporated by reference into, and forms an integral part of, these Terms.

7.3. Data Retention and Anonymisation

Historical platform telemetry remains accessible for up to twelve (12) months before automated removal or archiving. Genus may retain fully anonymised and aggregated data for platform optimization and analytics.

7.4. Security Responsibilities

Distributors, Resellers, Business Partners, Care Organisations, and End Users must preserve credential confidentiality, enforce strong passwords, use two-factor authentication, and secure access devices.

8. User-Generated Video Content, Copyright, and Liability

8.1. Content Responsibility and Licensing

Users are solely responsible for all video content uploaded to the platform and warrant that they possess all required rights and permissions. Genus acts solely as a technical hosting provider and does not exercise editorial control over User Content.

8.2. Digital Services Act (DSA) Compliance

Notices regarding unlawful content may be submitted to dsa-compliance@genus.care pursuant to Article 16 of the EU Digital Services Act. Notices must include a reasoned explanation, exact electronic location, submitter details, and a good-faith statement.

8.3. Indemnification

Users shall indemnify and hold harmless Genus from any third-party claims or damages resulting from uploaded content or IP infringement.

9. Limitation of Liability

9.1. General Limitations

To the maximum extent permitted by applicable law, Genus is not liable for indirect, incidental, punitive, or consequential damages, including lost profits, loss of data, or costs of substitute services.

9.2. Maximum Aggregate Liability & Data Breach Caps

Except for willful misconduct or gross negligence, Genus's total aggregate liability is limited to total fees paid by the contracting counterparty (Distributor, Business Partner, or direct client) in the preceding 12 months. Data breach liability is specifically capped at €1,000,000 per incident and €3,000,000 per calendar year.

9.3. Mandatory Consumer Rights

Nothing in these Terms limits or excludes statutory consumer rights under mandatory Dutch or EU consumer protection laws that cannot be contractually waived or restricted.

10. Non-Medical Device Disclaimer

Genus Products are not medical devices and do not diagnose, monitor, treat, or prevent medical conditions. Genus disclaims all liability for medical outcomes or delays in emergency response.

11. Termination

11.1. Suspension or Termination for Breach by Genus

Genus Care BV may suspend performance or terminate platform access with immediate effect if a Distributor, Reseller, Business Partner, Care Organisation, or End User breaches any material obligation under these Terms or applicable agreements.

11.2. Subscription Cancellation Responsibility

The processing, management, and cancellation of recurring subscriptions for Care Organisations or End Users is strictly the operational and legal responsibility of the selling Distributor, Reseller, or Business Partner through whom the Genus Product or subscription was acquired. Genus Care BV is not responsible for accepting, processing, or executing subscription termination requests, nor for issuing billing adjustments or refunds to End Users or Care Organisations who purchased through an intermediary.

12. Governing Law

These Terms are governed by Dutch law. The District Court of Overijssel (Zwolle location) has exclusive jurisdiction over disputes, unless Genus chooses to submit a case to the court of the Distributor's, Reseller's, Business Partner's, Care Organisation's, or End User's domicile.

13. Amendments

Genus may modify these Terms upon thirty (30) calendar days' written notice for material changes. Continued use after the effective date constitutes legal acceptance. Counterparties who disagree with material changes may terminate without penalty prior to the effective date.

By using the Genus Hardware, software platforms, and social alarming service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

If you do not agree, you must discontinue use of our service immediately.