Terms of Use

Alertero is intended for adult caregivers 18 years of age and older. By using the Service, you represent that you are at least 18 years old and have the authority to set up monitoring for the person you care for.

You are responsible for obtaining the consent of the person being monitored (or their legal guardian) before placing a sensor and beginning monitoring.

We may update these Terms at any time. When we do, the new Terms will be posted on this page and in the Alertero app with an updated effective date. Your continued use of Alertero after changes take effect means you accept the new Terms.

NGSMedia LLC owns all rights to Alertero and its content (excluding user-created content). We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Use the Alertero website and app on your personal devices
• Use the Service to monitor a consenting person in your care
• Use the monitoring, alert, and emergency-contact features as intended

You may not modify, sell, distribute, reverse-engineer, or create derivative works from Alertero without our prior written permission.

Alertero is designed for:

• ✓Home monitoring of a consenting loved one in your care
• ✓Receiving alerts for possible falls and other safety events
• ✓Notifying family or caregiver contacts when something needs attention

Alertero is NOT intended for:

• ✗Monitoring any person without their consent or their guardian’s consent
• ✗Medical diagnosis, treatment, or as a substitute for professional medical or emergency care
• ✗Surveillance, stalking, harassment, or any illegal purpose
• ✗Any use that violates local, state, federal, or international laws

Consent and Your Responsibilities

By using Alertero, you acknowledge and agree that:

• YOU must obtain the consent of the person being monitored (or their legal guardian) before setting up monitoring
• YOU are solely responsible for complying with all applicable privacy, consent, and monitoring laws in your jurisdiction
• YOU are responsible for how monitoring data and alerts are used and shared with the contacts you add
• YOU accept that no monitoring system is perfect and that you remain responsible for the safety of the person in your care

No Legal or Medical Advice

Disclaimer of Liability for Monitoring Use

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NGSMEDIA LLC EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATED TO:

• Any missed, delayed, inaccurate, or false alert from the Service or sensor
• Any reliance on the Service in place of professional medical care or emergency services
• Your use of monitoring in violation of any applicable consent or privacy law
• Any damages, losses, or harm resulting from your use of the Service

Alertero derives vitals, movement, and safety events from contactless radar signals and server-side analysis. You acknowledge and agree that:

• Heart rate and breathing estimates are NOT a clinical measurement and may be inaccurate or unavailable
• Fall and event detection is approximate and may produce false alarms or miss real events
• Vitals are shown only for a single, fairly still person within sensor range; otherwise they read as unavailable, never as zero
• You should NOT rely solely on Alertero for the safety of the person being monitored
• These features are provided “AS IS” without any warranty of accuracy or fitness for any purpose

You agree NOT to:

• ✗Use the Service for any unlawful purpose or in violation of any applicable laws
• ✗Monitor any person without obtaining required consent under applicable law
• ✗Use the Service to harass, stalk, threaten, or harm any person
• ✗Attempt to hack, modify, reverse-engineer, or interfere with the Service or sensor
• ✗Use the Service for commercial purposes without our written permission

• Alertero memberships and sensors are purchased on the web, not through Apple In-App Purchase
• Membership terms and pricing are shown before you buy
• Billing is processed by Stripe; we do not see or store your payment card details
• You can manage, update, or cancel your membership at any time through the web billing portal
• Refunds are handled according to the terms shown at the time of purchase
• The mobile app reads your membership status and never charges you in-app

Alertero uses third-party services including Apple and Google sign-in, Cloudflare for hosting and account management, and Stripe for membership billing. These services have their own terms and privacy policies. We are not responsible for the practices of these third parties.

No Warranties

ALERTERO IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be available, uninterrupted, secure, or error-free
• Results from using the Service will be accurate or reliable
• Any defects will be corrected
• The Service will meet your specific requirements

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NGSMEDIA LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold harmless NGSMedia LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use of the Service or the monitoring it provides
• Your violation of these Terms or any applicable law
• Your violation of any third party’s rights, including the privacy of the person you monitor
• Any claim that your use of the Service caused damage to a third party

Arbitration Agreement

Any disputes arising from or relating to these Terms or your use of Alertero shall be resolved through binding individual arbitration rather than in court, except that you may assert claims in small claims court if eligible. This means:

• Disputes are resolved individually, NOT as class actions or representative proceedings
• An arbitrator, not a judge or jury, will decide the dispute
• Court review of arbitration decisions is limited

Class Action Waiver

YOU AND NGSMEDIA LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

How to Start Dispute Resolution

Before initiating arbitration, you must first contact us at support@alertero.com to attempt informal resolution. If we cannot resolve the dispute within 60 days, either party may initiate binding arbitration through the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law provisions.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NGSMedia LLC regarding your use of Alertero and supersede all prior agreements.

Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.