Last Updated: August 27, 2021
This is an agreement between you and invisaWear Technologies Corporation (“invisaWear”). It sets out the terms and conditions (the “Service Terms”) that apply to your use of the personal security and safety alerts services invisaWear provides (the “Services”). The Service Terms, together with invisaWear rules and policies applying to the use of the Services, form the agreement between you and invisaWear for the Services (the “Agreement”).
By using the Services you are agreeing to the terms of this Agreement. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MAY NOT USE THE SERVICES. For the purposes of these Service Terms, “you” refers to the user and person or business whose name appears on the bill.
invisaWear reserves the right to amend any term of this Agreement, including rates and additional charges, at any time by giving 30 days’ notice. invisaWear will notify you of amendments to this Agreement by posting notice of the amendment at invisaWear.com/serviceterms (the "Service Web Site"), or by sending you notice on your monthly bill or email bill notice that this Agreement has been amended, directing to where the amendment may be consulted. If you have access to the Internet, it is your responsibility to go to the Service Web Site at least every month in order to become aware of any amendments posted on the site, and you agree to consult any amendments notified to you in accordance with the directions received on your monthly bill or email bill notice. You are not obliged to continue using the Services after an amendment to this Agreement is made; however, in the event you choose not to accept the changes, your sole remedy is to cancel the Services, effective at the end of your current billing period. Cancellation fees may apply. Your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Agreement, waiver of any additional notice requirements and agreement to pay for the Services in accordance with the amended Agreement.
1. WHAT invisaWear PROVIDES
a) Services
invisaWear will provide you with access to live agents who can dispatch the necessary emergency personnel to your location and provide alerts to your emergency contacts upon your request. In order to use the personal security service, you must have a cellular device that is connected to a telecommunications service provider, the personal security app must be running on a compatible cellular device with an eligible operating system, you must provide the personal security app with access to your location, and personal security app notifications must be enabled. In order to use a personal security device to access the personal security services, you must have the personal security device with you, the personal security device must have sufficient battery life, the device must be paired with your cellular device using bluetooth, bluetooth must be enabled on your cellular device at time of use, and the personal security device must be in close proximity to the paired cellular device when a request for service is sent. When you request assistance, your location will be shared with agents at a invisaWear Central Monitoring Station. The assigned agent will attempt to contact you and verify the incident. If the agent cannot reach you and / or the incident is verified, the agent will contact emergency services on your behalf and request a dispatch and an alert will be sent to your emergency contacts. Location data will be updated and stored for 30 minutes. Location data will be shared with emergency contacts and emergency services. Other profile information may be shared with emergency services to facilitate their response and is collected for this purpose.
b) Equipment
invisaWear is not responsible for the maintenance or repair of facilities or equipment owned by you, and does not guarantee that the Services will operate with telecommunications services not provided by invisaWear. The Services require electrical or battery power to operate, which you must supply at no charge to invisaWear, and you acknowledge and accept that you may lose service during a power outage unless you supply, install and maintain at your own expense a battery backup power system
If you use a personal security device, you must test the device battery and connection once a month, and replace the device before its battery loses power. As a courtesy, personal security users may be notified in the personal security app when the battery power is low, and you must act quickly to replace the device if you receive such notification.
c) Billing
invisaWear may provide you with a monthly bill in electronic format made available to you over the Internet, setting forth the charges incurred for use of the Services. Your monthly bill will be sent in paper form if electronic billing is not made available by invisaWear. If invisaWear makes your bill available over the Internet, it is your responsibility to create an online account management profile, to subscribe to electronic bill notification, and to check your online account every month for your bills. Regularly recurring charges are billed in advance and charges incurred on a per-use basis are billed in arrears. If your bill is lost or if you do not receive a bill, you are still responsible for making the required payment to invisaWear.
d) Forced Entry
You acknowledge that providing the Services may require forced entry to your premises in response to an alert, if you are not present or unable to respond. You agree that invisaWear is not responsible for the damages so caused and you will indemnify the invisaWear Entities and its vendors against any claim made by a third party as a result of such forced entry.
2. YOUR RESPONSIBILITIES
a) Requesting Service
You must supply all facilities and equipment necessary to connect your facilities and equipment to network facilities, including all monitoring and system control devices. All facilities and equipment you supply must meet the technical standards for certification established by Industry Canada. You are responsible for all charges properly billed by invisaWear to your account. You are responsible for setting and securing any passwords used to restrict access to the sensors and control equipment used with the Services. You are responsible for complying with local bylaws and strata regulations governing the installation and operation of monitoring systems. False alarm fees that any government authority may impose upon invisaWear, its vendors, or its agents relating to your use of the Services will be billed to you in arrears.
b) Acceptable Use
You may only use the Services at your premises or, for personal emergency response services, at your premises or where mobility service is available in Canada, for your own personal use, and in compliance with the law. You may not resell the Services nor directly or indirectly charge any person for the use of the Services, or re-arrange, disconnect, remove, repair, or otherwise interfere with any invisaWear facilities or equipment. You may not use the Services to harass or violate the reasonable privacy expectations of any person. You also agree not to threaten, abuse or harass any invisaWear customer representative. If you experience five or more false alarms in any one-month period, invisaWear may require that a technician visit your premises to diagnose the issue. Standard fees apply. If a technician visit is not scheduled with thirty days or the issue is unable to be resolved, invisaWear may suspend your account until the issue is resolved.
c) Fees and Other Charges
The Services are provided to you subject to payment of all applicable service rates and any additional charges identified to you at the time you applied for the Services or otherwise in accordance with these Service Terms, including installation and activation fees, together with all applicable taxes and other government charges. Additional charges authorized by these Service Terms may be charged on a one-time, monthly or per-use basis, as invisaWear may determine from time to time. If you use the Services through a mobile application, charges may apply for data usage under your mobility service plan.
Provided there is no deception in order to avoid payment, you are not responsible for paying an unbilled or under-billed portion of a charge unless invisaWear correctly bills the charge within one year from the date it was incurred. In these circumstances, invisaWear will not charge any interest on the amount of the unbilled or under-billed charge owing until the correct charge has been billed to your account. All charges and credits to your account shall be deemed validly incurred unless you dispute the charge or credit within 90 days after receiving the bill that includes the charge or credit.
d) Service Changes
You may change your Services at any time. Charges for recurring monthly Services billed prior to the cancellation will not be refunded. Charges for additional recurring monthly Services will be reduced in the first month to reflect the number of days remaining until your next invoice. Pay per use Services and one time charges are applied at the current rates at the time of use, which are available at invisaWear.com and may change without notice.
e) Payment for the Services
All bills are due upon receipt. Bills made available through the Internet are received when they are posted. Late payment charges of 3% compounded monthly (42.58% per annum) will be applied if payment is not received by the date shown on the account statement expect in the respect of non-forborne services which will be subject to a 2% Late Payment charge compounded monthly (26.82% per annum). Administrative and collection charges may apply, in accordance with invisaWear rules and policies, if your account goes into arrears, including as a result of returned or rejected payments or your failure to inform invisaWear of any change to your account information for pre-authorized payments. A $25 administration fee plus applicable taxes will be charged to your account for each cheque or pre-authorized payment that is refused by your financial institution for insufficient funds. If you subscribe to a pre-authorized payment method, you waive pre-notification of the amounts and dates of debits from your account. invisaWear may require you to make interim payments for non-recurring charges you have incurred in the period between two monthly bills, for such Services as are identified to you with the demand for payment. The grace period for the payment of charges so identified expires three days after you receive the demand for payment.
f) Deposit Requirements
invisaWear may require a security deposit from you (i) before the Services are provided, if you do not have a satisfactory credit history with invisaWear or do not provide other proof of creditworthiness satisfactory to invisaWear, or (ii) at any time this Agreement applies, if you have an unsatisfactory credit rating with invisaWear as a result of your payment practices, or (iii) if you clearly present an abnormal risk of loss. invisaWear will credit your account monthly with interest on any security deposit required by invisaWear, at a rate equal to the rate established on January 1 and July 1 of each year for daily interest savings accounts at a chartered Canadian bank. invisaWear may apply any portion of the security deposit against unpaid charges on your account at any time and, upon termination of this Agreement or where the conditions justifying the security deposit no longer apply, will refund any outstanding security deposit, with accrued interest, retaining only the amount then owing on your account.
g) Indemnity
You are responsible for any damages to invisaWear' facilities or equipment located on your property and premises howsoever caused, including by your use of the property or premises, or by the actions of any person, whether authorized or not to be on the property or premises.
To the fullest extent permitted by applicable law, you agrees to indemnify, defend, release and hold invisaWear, and its subcontractors (including any central monitoring station providing monitoring services), suppliers, vendors and licensors, and any of their respective affiliates, shareholders, , partners, directors, officers, employees and agents (collectively the “indemnified parties”), harmless from and against (i) all claims, actions, lawsuits and any other legal action brought by any third party against any of the indemnified parties arising in any way from the services (a “third party action”); and (ii) any and all related losses, damages, settlements and judgments (including payment of attorneys’ fees and costs of any of the indemnified parties) incurred by, assessed or found against, or made by any of the indemnified parties relating to or arising from any such third party action (“third party related losses”), even if such third party action and third party related losses arise from the negligence of any kind or degree of any of the indemnified parties, breach of contract or warranty, strict liability or any other theory of liability. Notwithstanding the foregoing, the third-party indemnification obligation shall not apply to any willful, wanton or intentional misconduct of any of the indemnified parties, or any other wrongdoing where applicable law does not permit indemnification.
3. PRIVACY
You agree that the invisaWear Privacy Commitment, available for inspection at invisaWear.com/privacy, as it may be updated from time to time (the “invisaWear Privacy Commitment”), shall apply to your use of the Services. You hereby consent to the collection, use and disclosure by invisaWear and its agents of your personal information, and the personal information of others that you provide, collected in connection with provision and/or use of the Services, for the purposes identified in the invisaWear Privacy Commitment and acknowledge that those purposes include the exchange of your account and usage information with other invisaWear companies and their affiliates or dealers, for the purpose of offering additional services or products to meet your communications and entertainment needs.
By using the Services and incurring charges for such use, you authorize invisaWear to obtain information about your credit history from credit reporting agencies, credit grantors and other invisaWear companies from time to time, and consent to the disclosure of your credit history with invisaWear to such entities at any time.
You agree to provide us with your current email address (and to inform us if that email address changes) so we can provide you with tools and services to manage your invisaWear account, communicate with you about account-related items on a timely basis, provide news and offers from invisaWear and its partners, and seek your views on invisaWear’ products and services. In addition, with respect to home security monitoring and personal safety alert services, you agree to provide invisaWear with up to date address, emergency contacts and any relevant health information you choose to be conveyed to emergency personnel and consent for this information to be provided to companies providing the services.
4. GENERAL TERMS
a) No Warranties
The Services are provided on an "as is" and "as available" basis. Your use of the Services is at your sole risk. invisaWear does not guarantee timely, secure, error-free or uninterrupted service or receipt of material or messages transmitted over or through invisaWear' networks or the networks of other companies. invisaWear does not guarantee that you can or will be located using the Services. To the fullest extent permitted by applicable law, invisaWear disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Services, including any warranty of fitness for any particular use or purpose you intend for the Services, even if you have communicated such intention to invisaWear. If you subscribe to security monitoring services, you agree that invisaWear is not an insurer and that it is your obligation to maintain adequate insurance coverage.
b) Limitation of Liability
To the fullest extent permitted by applicable law, you hereby agree that neither invisaWear, nor its subcontractors (including any central monitoring station providing monitoring services), suppliers, vendors and licensors, or any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “invisaWear parties”), shall be liable for any consequential, punitive, indirect incidental, lost profits or special damage or losses arising from, or related to, the services. With respect to any direct damages, you agree that the maximum liability of the invisaWear parties is limited to a sum not to exceed the greater of: (1) two hundred and fifty dollars ($250.00); or (ii) the fees paid by you to invisaWear for the particular services giving rise to the claim in the twelve (12) months immediately preceding the occurrence giving rise to the claim. This limitation of liability clause applies to any of the following wrongdoing of any of the invisaWear parties arising from or related to the services: breach of contract, negligence of any kind or degree, strict product liability or any other theory of liability. This limitation of liability shall not apply to any willful, wanton or intentional misconduct, of any other wrongdoing where applicable law does not permit limitation of liability.
c) Termination and Suspension
Upon the expiry of the term of this Agreement, your Services will continue on a month to month basis until you notify invisaWear that you wish to cancel service. The terms and conditions then applicable, including all rates and charges, will apply to your month to month service.
You may terminate this Agreement at any time by notifying invisaWear of the date you want the cancellation to be effective. Cancellation fees may apply. If you cancel your service or if invisaWear cancels it for any of the reasons listed below, you remain responsible for any applicable cancellation charges and for all amounts chargeable to your account up to the time the service is cancelled. Any recurring charges that were billed at the beginning of your billing cycle or any credit balance under five dollars will not be refunded when your service is cancelled. If you want the Services reconnected after cancellation, a reconnection fee may apply.
invisaWear may suspend the Services if you contravene any provision of these Service Terms, including your obligation to pay for the Services as charges become due. invisaWear may terminate the Services (i) immediately and without notice, where invisaWear determines that the action is necessary to protect the network from harm or to prevent fraud, (ii) if you do not remedy any other breach of these Service Terms within 15 days of receiving written notice of the breach from invisaWear, (iii) if you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business, or (iv) for any reason, upon 30 days written notice to you. Upon termination of the Services, invisaWear shall have no obligation to maintain any voicemail messages, contact information or other content related to your use of the Services and you agree that all such messages, information and content may be deleted immediately without notice to you
d) Arbitration
If you use the Services in the operation of a business, any claim, other than the collection of amounts owing to invisaWear, relating to (i) your Agreement;(ii) use of the Services or any equipment used with the Services; (iii) sales materials or advertising relating to the Services or any equipment used with the Services; or (iv) relationships with third parties arising through use of the Services, must be referred to private and confidential arbitration before a single arbitrator chosen by the parties, subject to any dispute resolution procedure established by Canadian telecommunications service providers generally to address customer complaints. The expense of arbitration will be shared equally. Notice to arbitrate a claim should be sent to invisaWear, 510 West Georgia Street, Vancouver, B.C. V6B 0M3, Attention: General Counsel. The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside. Additionally, you waive any right you may have to start or participate in any class action against invisaWear and you agree to opt out of any class proceeding against invisaWear.
e) Miscellaneous
The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern this Agreement. You may not assign or transfer this Agreement without invisaWear’ prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of invisaWear to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon invisaWear.
You’re almost there
I consent to everything in this agreement and understand that by using invisaWear services or letting another person use the services, I accept the applicable invisaWear service terms.
I also agree that my account and usage information may be shared with other invisaWear companies and affiliates or dealers, so they can provide information about services related to my account.
I consent to invisaWear getting information about my credit history from time to time, and I authorize any person, consumer reporting agency or credit grantor to verify the information provided here. I also consent to the exchange of credit information with consumer reporting agencies at any time, including my payment history with invisaWear.
We’re excited to start this journey with you.
Whatever you need, we’re here to keep you connected to what matters most.
