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 organizations, and end users regarding the provision and use of Genus hardware, software platforms, 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 provider of both hardware and software platforms, as well as social alarming solutions.

• Distributor: The entity that receives Genus hardware directly from Genus and sells or otherwise makes it available to care organizations or end users.

• Care Organization: The entity that purchases Genus hardware from Genus the Distributor and uses the Genus software platform.

• End User: The individual or entity that ultimately uses the Genus hardware and software platform.

• Hardware: Physical devices provided by Genus to a Distributor.

• Genus App: the Genus app provided in the Apple Store and Google Play Store

• 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.

• The Distributor is responsible for inspecting the hardware upon receipt and notifying Genus of any visible defects or discrepancies within 14 days. After this term the delivery is deemed to be complete without visible defects or damage.

3.2. Title and Risk

• Title and risk of loss for the hardware pass to the Distributor upon delivery or, if an incoterm is explicitly agreed, in accordance with the incoterm.

3.3. Warranty

• Genus warrants that the hardware will be free from defects in materials and workmanship for a period of one year from the date of delivery to the Distributor.

• The Distributor is authorized to transfer the warranty rights to the care organization or end user, subject to the same terms.

• If hardware is or becomes defective during the warranty period, Genus shall be entitled, at its option and as its sole obligation, to repair, replace or remove the hardware. In case of removal, Optics Life shall credit[MR1] the purchase price to the legal owner of the hardware.

• Warranty shall not apply if a defect or nonconformity is the result in whole or in part of (i) circumstances attributable to the Distributor or end User or (ii) external forces such as flooding, leakage, fire, explosions, power surges or power failures.

• In case of repair and replacement Genus shall use commercially reasonable efforts to repair or replace the Products within 4 weeks of arrival of the defective Product.

4. Distribution and Sales

4.1. Distributor Responsibilities

• The Distributor agrees to promote and sell the hardware to care organizations or end users.

• The Distributor is responsible for providing after-sales support to care organizations or end users.

4.2. Pricing and Payment

• The Distributor sets the final sale price for the hardware.

• The Distributor is responsible for all payments to Genus as per the agreed pricing terms.

5. Use of Software Platform

5.1. License

• Genus grants care organizations and end users a non-exclusive, non-transferable license to use the software platform exclusively in conjunction with the use of the hardware.

5.2. Access and Use

• The Genus App is provided free of charge to users of the hardware who have purchased it from Genus or a Genus-approved distributor.

• Genus can provide additional functionality for a fee.

• Access to the software platform is provided on a subscription basis.

• Care organizations and end users must comply with all usage guidelines and restrictions provided by Genus, which may be updated and modified at Genus’ sole discretion. Genus may without prior notice block access to the software platform and use of the app in case of violation of guidelines and restrictions.

• The Genus App needs to be activated regularly to work properly (to ensure that the Genus App is still running in the background and will accept incoming notifications.

• To verify that the Genus Service is working as expected, please test Genus and its social alarm function once per month.

5.3. Updates and Maintenance

• Genus will provide updates and maintenance for the software platform as necessary, to be determined by Genus at its sole discretion.

• Care organizations and end users must ensure that their hardware is compatible with any updates provided by Genus.

6. Social Alarming Solution

6.1. Nature of Service

• Genus provides a social alarming solution designed to facilitate social alarms within care environments.

• Genus products are not suitable or intended for situations where assistance is needed from emergency services or healthcare professionals. This solution does not replace direct emergency calls to 112 and should not be used as a substitute for emergency services.

6.2. Limitations

• Users must ensure that they understand the limitations of the Genus social alarming solution and have immediate and direct access to emergency services when needed.

7. Data Privacy and Security

7.1. Data Collection and Use

• Genus may collect and use data from the hardware and software platform in accordance with its Privacy Policy.

• Care organizations and end users consent to such data collection and use.

7.2. Data Protection

• Genus will implement appropriate technical and organizational measures to protect personal data in accordance with applicable laws.

7.3. Data protection responsibilities

As an end-user, you are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to:

• Use strong, unique passwords for your account where available.

• Enable two-factor authentication where available.

• Promptly report any unauthorized use or suspicious activity to Genus.

• Have read and understood the Genus Privacy Policy, which may be updated and modified at Genus’ discretion.

8. Limitation of Liability

• Genus’s liability is limited to the maximum extent permitted by law. Genus is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the hardware, software platform, or social alarming solution.
• In accordance with EU law, the total liability of Genus for damages resulting from a single data breach incident shall not exceed €1,000,000 (one million euros). This limitation applies regardless of the number of individuals affected or the nature of the data compromised.
• Furthermore, the cumulative liability of Genus for damages arising from multiple data breaches within a single calendar year shall not exceed €3,000,000 (three million euros). This annual cap on liability is intended to cover all claims, settlements, and damages occurring within that year.
• Genus is not responsible for breaches resulting from: Your failure to adhere to the security measures outlined in these terms and additional instructions by or on behalf of Genus in connection to an incident concerning data; Any actions taken by third parties who have accessed your data through your negligence.

9. Termination

9.1. By Genus

• Genus may suspend any of its obligations with immediate effect if the Distributor, care organization, or end user breaches any of its obligations.

9.2. By Care Organization, or End User

• Care organization, or end user may terminate these Terms by providing 30 days' written notice to Genus.

10. Governing Law

• These Terms shall be governed by and construed in accordance with the laws of the European Union. The District Court of Overijssel (Zwolle location), the Netherlands, shall have exclusive jurisdiction over disputes relating to Genus products, unless Genus chooses to submit a case to the court of the Distributor's, healthcare organization’s or end user’s domicile.

11. Amendments

• Genus reserves the right to amend these Terms at any time. Any amendments will be effective upon posting on the Genus Care website or notifying the Distributor, care organization, or end user by other means.

By using the Genus Care 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.