End User License Agreement (EULA)
License Agreement and Terms of Service
BY ACTIVATING A REEMO SMARTWATCH OR PAIRING ANY ELECTRONIC DEVICE PROVIDED BY REEMO TO A SMARTWATCH (EACH, A “DEVICE”), BY USING THIS WEBSITE, OR BY USING THE DEVICE AND THE REEMO SERVICE, YOU ARE AGREEING TO BE BOUND TO THE FOLLOWING LICENSE AGREEMENT AND TERMS OF SERVICE (THIS “AGREEMENT”)
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACTIVATING A DEVICE OR USING THE REEMO SERVICES. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACTIVATE OR USE THE DEVICE OR THE REEMO SERVICE.
This Agreement is a binding legal agreement between you and Reemo Health, Inc. (“Reemo”). This Agreement governs your use of the Device and, to the extent provided by Reemo to you, the Reemo software and technology platform for monitoring, collecting, and analyzing personal health and fitness, mobile applications, account memberships, personal emergency response services, and other related Reemo services (collectively, “Reemo Service”).
THE REEMO SERVICE HAS NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. If you have a medical or heart condition, consult your doctor before starting or modifying an exercise program or changing your diet. Information available through the Reemo Service is not intended as a comprehensive answer or recommendation for any health condition or issue. You should always contact your health care professionals for diagnosis and treatment of any health condition. Reemo is not responsible for any health problems that may result from exercise, fitness, or training programs or from use of, or participation in, any products, events, or programs you may learn about through use of the Reemo Service. Use of the Reemo Service should not replace your good judgment and common sense. Please read and comply with all safety notices and information that accompany the Reemo Service. Using the Device in some circumstances can distract you and may cause a dangerous condition while driving a car. You agree to observe all rules that prohibit or restrict the use of mobile devices while driving.
Terms of Agreement are Subject to Change
Reemo may change the terms of this Agreement from time to time. Minor changes may be posted on the Reemo website at www.ReemoHealth.com/eula. Reemo may make material changes by posting these at www.ReemoHealth.com/eula and by notifying you of such changes by email or other method through the Reemo Service, or by presenting you with a new Agreement to accept. When you use the Reemo Service after any modification to the terms of this Agreement is posted, you are consenting to the modified terms.
Privacy
Reemo requires some personal information from you in order to provide the Reemo Service. If your subscription requires you to pay for the Device and Reemo Service, when you make payments, additional information is collected and retained to service your account and for fraud protection and regulatory purposes. You can learn more about the information that is collected, used, or shared in connection with your use of the Device and the Reemo Service by reading the Reemo Privacy Policy, available at www.ReemoHealth.com/privacy. By using the Device and the Reemo Service, you agree and consent to the collection and use of your information by Reemo and authorized third parties in accordance with the Reemo Privacy Policy.
Use of Device in Third-Party Health Care Provider Programs
Some third-party health care providers, such as skilled nursing facilities, assisted living facilities, adult day care providers, providers of home health care services, health insurers, healthcare providers, and pharmaceutical organizations, may purchase Devices and the Reemo Services for monitoring of individuals in their programs (each such provider, an “Enterprise Sponsor”). Reemo enters into contracts with such Enterprise Sponsors that govern the use of Devices and Reemo Service for such purposes. If you are a Device User (as defined below) of a Device provided to you as part of a third-party health care provider program, your use of the Device and the Reemo Service is also subject to the separate terms of the contract between Reemo and the applicable Enterprise Sponsor, and you should contact such Enterprise Sponsor provider with any questions or concerns you may have about your use of the Device and the Reemo Service. You should also contact such Enterprise Sponsor rather than Reemo about any potential warranty service claims. The Enterprise Sponsor is to be responsible for the policies regarding returns, replacements, refurbishing, and shipping and handling required in connection with Devices used in the Enterprise Sponsor’s program and any costs you may incur as a result.
Users
The terms of this Agreement apply to all Authorized Users.
Device Users. “Device Users” are individuals who activate and use a Device and have a subscription to use some or all components of the Reemo Service. The subscription to use the Reemo Service may be direct with Reemo or may be with a Reemo authorized reseller or Enterprise Sponsor. A Device User uses the Device for the collection of important health-related information about the Device User.
Authorized Users. “Authorized Users” include all Device Users and anyone such Device User may authorize to access such user’s information through the Reemo Service, including friends, family, or caregivers, by creating a user account.
Children under the age of 13. Reemo does not market or knowingly collect information about children under the age of 13. If you have reason to believe that Reemo is doing so accidentally, please contact Reemo so that Reemo can remove any relevant information from its systems.
Accounts and Passwords. Each Authorized User must create an account by providing Reemo with a valid email address and creating a password. You grant Reemo the right to transmit, monitor, retrieve, store, and use your password-protected information in connection with providing the Reemo Service. You are responsible for protecting the confidentiality of your password and taking all reasonable steps to ensure that no unauthorized person has access to your password or account. You are responsible for all activity that occurs with respect to use or misuse of your account and Reemo will not be liable for any loss or damage caused by your failure to maintain the confidentiality of your account password or other credentials. You agree to promptly notify Reemo if you suspect any unauthorized use of or access to your account or if it otherwise becomes necessary to deactivate your password. You grant Reemo the right to transmit, monitor, retrieve, store, and use your password-protected information in connection with operation of the Reemo Service. Reemo does not assume responsibility for and shall not be liable in connection with any use or misuse of information transmitted or received by you using the tools provided by the Device and the Reemo Service.
Use of Devices
The following terms apply to the use of Devices:
Use and Care. Devices must be charged and properly maintained to function reliably. Device Users are responsible for keeping their Devices charged. Device Users are also responsible for reasonable maintenance and cleaning of their Devices.
Repair and Replacement. For Device Users who pay for their subscription, except as may be provided by the manufacturer’s limited product warranty described below in this Agreement, Device Users are responsible for the cost of any repair or replacement of Devices. This includes repairs or replacements necessary because of lost or damaged Devices or any problems with a Device not covered by the Manufacturer’s Limited Warranty or after expiration of the Manufacturer’s Limited Warranty. Devices provided to Device Users by an Enterprise Sponsor will be repaired or replaced using the policy upon which the Enterprise Sponsor decides. While it is not required to do so, Reemo may provide new or refurbished Devices to Device Users in order to accommodate updates or enhancements in the Reemo Service or for other business reasons.
Unauthorized Modifications. If you make any unauthorized modification or attempt to circumvent the security on any Device or any software running on any Device (a “Jailbreak”), this may prevent Reemo from continuing to provide the Reemo Service for you. For Device Users who pay for their subscription, you will still be responsible for continuing to make all payments on your Subscription Agreement. Reemo is under no obligation to support, restore, or replace any Device following a Jailbreak. Any attempted or successful Jailbreak will also void any manufacturer’s limited product warranty and relieve Reemo and its authorized resellers from any and all liability.
No Transfers. Reemo provides the Reemo Service only for the original Device User of a Device. Because the information exchanged with the Reemo Service through your Device is personal to you, Reemo does not permit the original Device User to transfer the Device to any other person or allow any other person to wear the Device and receive the Reemo Service. If you allow any other person to use your Device, Reemo may discontinue the Reemo Service for your Device. For Device Users who pay for their subscriptions, you will still be responsible for continuing to make all payments on your Subscription Agreement.
Alerts and Notifications
As part of your use of the Reemo Service, you may receive alerts, notifications, text messages, or email messages. You agree to the receipt of these communications. Any non-service-related email communication will include an option of opt-out of that email communication. You are responsible for any messaging or data fees you may be charged by your wireless carrier if you provide contact information for communications from Reemo other than through your Device. You will not be charged extra for communications received from Reemo through your Device.
Manufacturer’s Limited Warranty on Devices
To the extent that the manufacturer of the Device provides a transferable manufacturer’s product warranty for the Device, such ten-current manufacturer’s limited product warranty is hereby transferred by Reemo to Device Users. All warranty service procedures will be as provided in the manufacturer’s then-current product warranty document applicable to the Device. Neither the manufacturer of the Device nor Reemo will have any liability to any Authorized User for (i) any claim arising, in whole or in part, from the incorrect use, misuse, faulty maintenance, improper handling, storage, or installation of any Device or any use of a Device for a purpose for which it was not intended or designed; (ii) any Device that has been altered, modified, repaired, or otherwise had parts replaced by any person other than the manufacturer or its authorized repair facilities; or (iii) any damages due to fire, explosion, accident, power irregularities or surges, acts of nature, or any other cause not wholly or directly attributable to the manufacturer or Reemo. You acknowledge that Reemo is not the manufacturer of the Device. Reemo itself makes no warranty as to the quality or performance of the Device and makes no warranty with respect to the Reemo Service.
If you have a potential warranty service claim with your Device, contact Reemo for assistance. Reemo will send you a new or refurbished replacement Device and require that you return your original Device in the packaging provided by Reemo. Refurbishing includes cleaning, maintenance and repair, and removal of all Device User data. Replacement Devices may be new or refurbished, at the sole discretion of Reemo. If you are a Device User who pays for your subscription, the following applies: you will be billed for the replacement Device if you do not ship the original Device back to Reemo within ten (10) days of receipt of the replacement. You will be responsible for return shipping and handling costs. If the problem with your Device is not covered by warranty but the Device can be refurbished, you will be responsible for payment of a refurbishing cost of Fifty Dollars ($50.00) plus the cost of any items, parts, or pieces not returned to Reemo that were included in the original packaging for the Devices received by the Device User, including without limitation charging cables, the box the Device itself was housed in, or any extra wristbands. If your Device was lost, or the problem with your Device is not covered by warranty and the Device cannot be refurbished because of the type or extent of damage, you will be responsible for payment of the cost of the replacement Device.
Disclaimer of Warranties
FOR DEVICE USERS WHO PAY FOR A DIRECT SUBSCRIPTION, EXCEPT AS EXPRESSLY PROVIDED ABOVE WITH RESPECT TO THE MANUFACTURER’S LIMITED PRODUCT WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE DEVICE AND THE REEMO SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS; AND (B) NO WARRANTIES, REPRESENTATIONS, OR PROMISES, EXPRESSED OR IMPLIED, ARE MADE BY REEMO TO YOU OR ANY OTHER USER REGARDING MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE DEVICE, THE REEMO SERVICE, OR ANY OTHER MATTER. REEMO DOES NOT WARRANT THAT THE DEVICE OR THE REEMO SERVICE WILL BE ENTIRELY FREE OF OMISSIONS, ERRORS, OR IMMATERIAL DEFECTS. REEMO MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SERVCIES PROVIDED BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY EMERGENCY RESPONSE PROVIDER RESPONDING TO A MESSAGE TRANSMITTED THROUGH THE REEMO SERVICE.
You are solely responsible for determining whether the Device and the Reemo Service meet your needs. Reemo makes no warranty that the Reemo Service will meet your needs or be available on an uninterrupted, secure, or error-free basis. Reemo makes no warranty regarding the quality, accuracy, timeliness, completeness, or reliability of the Reemo Service or any information provided by the Reemo Service or any information provided by the Reemo Service, you do so solely at your own risk.
Personal Emergency Response Service
The personal emergency response services (“PERS”) is a feature of the Reemo Service that allows Device Users to signal for assistance. If you are a Device User who has subscribed for PERS, you must first activate and register a Device with Reemo and provide Reemo with accurate contact information in order to begin using PERS. Reemo relies on a third-party monitoring service to monitor PERS signals. By accepting this Agreement, you acknowledge and agree that (i) monitoring and responding to PERS events, regardless of any delay, involves uncertainty, risk, and possible serious injury, disability, or death, for which neither Device User nor any Authorized User will attempt to hold the monitoring service or Reemo responsible or liable; (ii) PERS relies on the availability of cellular and GPS services that are not available everywhere at all times and Reemo has no control over the availability of such cellular or GPS services; (iii) PERS monitoring services are not foolproof and may experience signal transmission failures or delays for any number of reasons; and (iv) the actual time required for emergency assistance to arrive at a Device User’s location or to transport a Device User requiring medical attention is unpredictable and subject to many contributing factors, including but not limited to telephone network operation, distance, weather, road, and traffic conditions and human factors, all of which are outside of the control of Reemo and its third-party monitoring service.
PERS IS NOT A SUBSTITUTE FOR REGULAR CONSULTATIONS WITH YOUR CARE PROVIDER. YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROVIDER ABOUT HEALTH ISSUES OR CONCERNS.
REEMO SUBCONTRACTS MONITORING SERVICES IN CONNECTION WITH THE REEMO SERVICE. BY AGREEING TO THIS AGREEMENT, YOU ALSO ACCEPT AND AGREE TO THE MONITORING SUBCONTRACTOR PROVISIONS SET FORTH ON EXHIBIT A TO THIS AGREEMENT.
Intellectual Property
The Reemo Service, including all software, mobile applications, documentation, interfaces, data, content, text, logos, graphics, images, music, audio, video, works of authorship of any kind, ad information posted, generated, provided, or otherwise made available to you by Reemo in connection with the Device, as may be updated or replaced by future enhancements or updates, in any media, or in any other form, is licensed, not sold, to you by Reemo for use only under the terms of this Agreement. Reemo and its licensors retain ownership of Reemo Service and reserve all rights not expressly granted to you. The terms of this Agreement will govern any software updates provided by Reemo that replace or supplement the original product, unless accompanied by a separate license, in which case the terms of that license will govern.
Subject to the terms and conditions of this Agreement, you are granted a limited, non-exclusive, non-transferable license to access the Reemo Service on a single Device solely for your personal and non-commercial use. The Reemo Service and its underlying technology are protected by laws of the United States and foreign countries with regard to copyrights, trademarks, patents, trade secrets, and other intellectual property rights. You agree not to remove, change, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Reemo Service. You may not, and you agree not to enable others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify , or create derivative works of the Reemo Service or any part thereof., or attempt to circumvent any technological measure used by Reemo or its licensor to protect the Reemo Service. Title and intellectual property rights in and to any content or data displayed, stored, or accessed through your Device belongs exclusively to Reemo. Except as otherwise provided herein, this Agreement does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
Third-party software and other copyrighted material may be included in the Reemo Service. Licensing terms, disclaimers, and acknowledgements for such material may be contained in printed or electronic documentation for the Device for the Reemo Service and your use of such material is governed by the respective terms of such documentation.
Digital Millennium Copyright Act Matters
You agree not to upload or transmit any material or communication of any kind that infringes or violates any rights of any person or entity. Reemo does not permit material known by Reemo to be infringing to remain available on or through the Device or the Reemo Service. You agree to notify Reemo promptly if you have reason to believe that any material in the Device or the Reemo Service infringes the rights of any person or entity. Pursuant to the Digital Millennium Copyright Act (“DMCA”), Reemo has designated a registered agent to receive copyright claims. You may notify Reemo of alleged infringement of intellectual property rights by contacting Reemo’s designated registered agent by postal mail or by email (with confirmation of transmission), at: Reemo Health, Inc., Attn: Copyright Claims/COO, 200 Southdale Center, Edina, MN 55435; Email: heather. andrews@reemohealth.com.
In order to be effective, any notice of claim under this Section must comply with the detailed requirements set forth in the DMCA at 17 U.S.C. § 512 (c)(3). Upon receipt of a notice of claimed infringement, Reemo will review the claim and, if Reemo reasonably deems it appropriate in accordance with the DMCA and other applicable law and regulations, Reemo will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material at issue. Other communications should not be sent to Reemo’s designated registered agent under this Section, who is appointed solely for the purpose of receiving notices of copyright claims under the DMCA.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL REEMO, ITS AFFILIATES, AUTHORIZED RESELLERS, WIRELESS PROVIDERS, OR MONITORING SERVICE PROVIDERS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, CORRUPTION, OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DEVICE OR THE REEMO SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF REEMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL REEMO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS (U.S. $250). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Compliance with Law
Reemo may (but is not obligated to) monitor your access or use of the Reemo Service for compliance with applicable laws and the terms of this Agreement. Reemo may disclose any unlawful conduct or violation of law to law enforcement authorities and cooperate with such authorities in the prosecution of any Authorized Users who violate the law. Reemo reserves the right to remove or disable your access to the Reemo Service at any time and without notice, in Reemo’s sole discretion, if Reemo determines that your use of the Reemo Service is in violation of the law or in violation of the terms of this Agreement.
Changes to the Reemo Service
If you are a Device User who pays for a subscription, Reemo may change or discontinue, temporarily or permanently, any feature or component of the Reemo Service at any time without notice to you. Reemo is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Reemo Service. Reemo reserves the right to determine the timing and content of software and operating system updates, which may be automatically downloaded and installed by Reemo without prior notice to you.
Third-Party Links
The Reemo Service may provide references or links to third-party websites, applications, services, or resources that are not controlled by Reemo and are subject to their own terms of service and privacy policies. Reemo provides these references or links as a convenience to you and is not responsible for any content, products, or services of third parties making such offerings. Reemo does not sponsor or endorse any offering available at or through any such reference or link and no such offering is part of the Reemo Service. You should carefully review the terms of service and privacy policy of any third-party offering before accessing or using.
Resolving Disputes
Any claims or disputes that arise between you and Reemo (or Reemo’s affiliates, employees, officers, directors, agents or authorized resellers) will be resolved through binding arbitration or in small claims court. This means that neither you nor Reemo will have the right to litigate those claims or disputes in a federal or state court of general jurisdiction or have a jury trial on those claims or disputes. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal and your ability to participate in a class action. The dispute resolution provisions in this Agreement will survive the termination of this Agreement and the termination of your use of the Reemo Service or right to use the Reemo Service.
Any claim or dispute relating in any way to your use of a Device, the Reemo Service, or this Agreement, including the validity or enforceability of this arbitration provision, will be resolved, upon the election by either you or Reemo, by arbitration pursuant to this arbitration provision and the code of procedures of the national arbitration organization to which such claim or dispute is referred in effect at the time (the “Code”), except to the extent such procedures conflict with the terms of this arbitration provision. Claims or disputes will be referred to either JAMS (“JAMS”) or the American Arbitration Association (“American Arbitration”), as selected by the party electing to use arbitration. If a selection by Reemo of either of these organizations is unacceptable to you, you will have the right within thirty (30) days after you receive notice of Reemo’s election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a claim for arbitration, or for other information about these organizations, contact JAMS at 18881 Von Karman Avenue, Suite 350, Irvine , CA 92612 www.jamsadr.com; or American Arbitration at 120 Broadway, Floor 21, New York, NY 10017, www.adr.org. In addition to the arbitration organizations listed above, any claim or dispute may be referred to any other arbitration organization that is mutually agreed upon in writing by you and Reemo or to an arbitration organization or arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. Sections 1-16, provided that any such arbitration organization and arbitrator will enforce the class action restrictions set forth below in this arbitration provision.
Arbitration will proceed solely on an individual basis without the right for any claims or disputes to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims or disputes between you and Reemo alone. Claims or disputes may not be joined or consolidated with other parties unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement, and without waiving either party’s right of appeal, if any portion of the foregoing class action restrictions is deemed invalid or unenforceable, then this entire arbitration provision (other than this sentence) will not apply.
This arbitration provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (“FAA”), and the applicable code of procedures. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, as modified by this Agreement, and will honor claims of privilege recognized as law. Federal or state rules of civil procedure or evidence will not apply. Written requests to expand the scope of discovery rest within the arbitrator’s sole discretion and will be determined pursuant to the applicable code of procedures. The arbitrator will take reasonable steps to preserve the privacy of individuals and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction under this Agreement. Subject to the right of appeal under the FAA, the arbitrator’s written decision will be final and binding unless you or Reemo takes an appeal from the award by making a dated, written request to the arbitration organization within thirty (30) days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization will consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its code of procedures, and issue its decision within one hundred and twenty (120) days of the date of the appellant’s written notice. The panel’s majority vote decision will be final and binding.
Any arbitration proceedings will take place in the United States. Irrespective of who prevails in arbitration, you will only be responsible for paying the cost of your own counsel, experts and witnesses, and your share, if any, of the arbitration fees required by the applicable code of procedures, not to exceed the filing fees you would have incurred if the claim or dispute had been brought in the appropriate state or federal court closest to your residence. Reemo will pay the professional fees for the arbitrator’s services and the remainder of any arbitration fees.
As an alternative to arbitration, either you or Reemo may elect to resolve any dispute in small claims court in the country of your most recent billing address. Any claim, counterclaim, or other proceeding in small claims court will be on an individual basis only and you unconditionally waive any right to pursue a dispute on a class-wide basis , including joining a claim with the claim of any other person or entity or asserting a claim in a representative capacity on behalf of anyone else in any other proceeding.
Controlling Law and Time Limitations
This Agreement will be governed by and construed in accordance with the laws of the State of Delaware without giving effect to its choice of law principles and will be applied by any arbitrator in any arbitration proceedings. This Agreement will not be governed by the United States Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You must initiate any arbitration proceeding or cause of action within one (1) year after the claim arises or you will be barred from pursuing such arbitration or cause of action.
Term and Termination of this Agreement
Device Users. If you are a Device User who pays for your subscription, the initial term of your subscription is set forth in your Subscription Agreement with Reemo or Reemo’s authorized reseller. Following the initial term, your subscription will automatically renew for periods of one (1) month each until either you or Reemo terminates the subscription, provided you continue to pay your monthly subscription fees. You may terminate your subscription to the Reemo Service at any time after the initial term of your Subscription Agreement by contacting customer support at support@ReemoHealth.com at least thirty (30) days prior to the termination date. The terms of this Agreement will continue in effect during the term of your subscription and certain provisions of this Agreement will survive termination of your subscription, as provided below.
If you are a Device User who is provided a Device and Reemo Service through an Enterprise Sponsor, the term of your subscription is governed by the terms of the contract between Reemo and such Enterprise Sponsor.
Authorized Users. If you are an Authorized User, this Agreement will continue in effect so long as you have an active account for the Reemo Services. You may cancel your account at any time by contacting customer support at support@ReemoHealth.com. Certain provisions of this Agreement will survive cancellation of your account, as provided below. B
Termination by Reemo. If you violate any of the terms of this Agreement, Reemo reserves the right to deactivate your account and terminate this Agreement, at Reemo’s sole discretion, at any time and without notice or liability to you. Reemo may also terminate this Agreement and the Reemo Service at any time, with or without cause, and for any reason or no reason, by giving you at least thirty (30) days prior written notice of termination.
Effect of Termination. Upon any termination, Reemo may delete information related to your account after ninety (90) days without providing any advance notice of the deletion. Reemo may disable your online account within ninety (90) days, preventing you from using the Reemo Service after that time.
Survival. Upon any termination, discontinuation or cancellation of the Reemo Service or your account, the following provisions of this Agreement will survive and continue in full force and effect: Disclaimer of Warranties, Intellectual Property, Limitation of Liability, Term and Termination of License, Arbitration , Controlling Law and Time Limitations, and Additional Terms.
Additional Terms
Except as may be provided in any statement or notice posted by Reemo through the Reemo Service from time to time, this Agreement, the separate Reemo Privacy Policy, and, if you are a Device User who pays for your subscription, Subscription Agreement constitute the entire and integrated agreement between you and Reemo regarding the Reemo Service and supersede any prior oral or written understandings or agreements between you and Reemo. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, (except as specifically provided in the above arbitration provision relating to class action restrictions), the remainder of this Agreement will continue in full force and effect.
You agree to indemnify, defend, and hold harmless Reemo and its affiliates, employees, officers, directors, and agents from any claims or damages, including reasonable attorneys’ fees, arising out of or related to your breach of this Agreement or your use or misuse of the Reemo Service. You may not transfer or assign any rights or obligations under this Agreement and any attempt to do so will be null and void. Reemo my transfer or assign its rights or obligations under this Agreement without your consent and without notice to you. This Agreement will bind and inure to the benefit of Reemo and its successors and assigns and will bind and inure to the benefit of all Authorized Users and their heirs and legal representative.
Reemo’s failure to enforce any provision of this Agreement will not be considered a waiver of any right or provision. Reemo’s waiver of any provision will be effective only if in writing and signed by a duly authorized representative of Reemo. Waiver of any provision will not be deemed a further or continuing waiver of such provision or any other provision, right, or remedy. Exercise by Reemo of any remedy under this Agreement is without prejudice to Reemo’s other rights and remedies.
Any notices or other communications provided by Reemo pursuant to this Agreement, including notice of changes to the terms of this Agreement, will be given to you by email or by posting through the Reemo Service. For notices given by email, the date of receipt on the email message will be deemed the date of the notice.
In the event of a conflict or inconsistency between the terms of this Agreement and terms of any Subscription Agreement for the Reemo Service accepted by or on behalf of a Device User, the terms of the Subscription Agreement will control.
Contacting Reemo
Thank you for reading his Agreement. Questions or comments regarding the Reemo Service (other than with respect to DMCA notices, the process for which is described above) should be submitted to Reemo by using the contact information below:
Reemo Health, Inc.200 Southdale CenterEdina, MN 55435Support@reemohealth.com
Exhibit A to User Agreement
Monitoring Subcontractor Provisions
SUBCONTRACTING. Reemo may subcontract performance of monitoring services or other services under this Agreement to any third party (a “Subcontractor”). Notwithstanding any such subcontract, you acknowledge and agree that a Subcontractor’s obligations are to Reemo only and that Reemo is solely responsible to you for the Reemo Service, including receiving notification of signals; adding, changing, suspending, and cancelling the Reemo Service; investigating and resolving all actual and potential issues related to the Device; and maintaining your account data. Reemo may disclose to a Subcontractor all information necessary for performance of subcontracted services and the Subcontractor may retain and use such information, subject to all applicable requirements of federal and state laws and regulations. Neither the Device nor any telecommunications systems, services, or equipment used to transmit signals are Subcontractor property, and the Subcontractor accepts no responsibility for them. The Subcontractor has no obligation to you or any other User to detect or report information to anyone concerning the Device or any malfunction of the Device. Termination of a Subcontractor’s performance under its subcontract with Reemo is not a breach by Subcontractor or any direct or implied duty or obligation of Subcontractor to you. Any Subcontractor for monitoring services may record telephone calls.
FALSE ALARMS; TEST STATUS. Any Subcontractor for monitoring services is subject to applicable laws and industry standards designed to, among other things, reduce false alarms. These may result in practices and procedures that delay or modify requested notification or verification instructions from Reemo or you. Despite such instructions, the Subcontractor may, in its sole discretion, attempt to contact the monitored premises or you to verify that a signal is not a false alarm. IF THE SUBCONTRACTOR BELIEVES, IN ITS SOLE DISCRETION, THAT NO EMERGENCY CONDITION EXISTS, THE SUBCONTRACTOR MAY CHOOSE NOT TO FOLLOW THE INSTRUCTIONS FROM YOU OR REEMO. The Subcontractor may, without prior notice, in responsible to applicable law or insurance requirements, revise, replace, discontinue, or rescind its response policies and procedures. If a Device relays or records three (3) or more false alarms within a twenty-four (24) hour period, the Subcontractor may place the Device in “test status”. It is Reemo’s obligation to determine if the Device is functioning properly and make all adjustments and repairs necessary to ensure that it is. THROUGHOUT THE DURATION OF ANY TEST STATUS PERIOD, FOR ANY REASON AND AT THE REQUEST OF ANY PERSON OR ENTITY, THE SUBCONTRACTOR FOR MONITORING SERVICES HAS NO OBLIGATION TO PERFORM SERVICES.
DISCLAIMER OF WARRANTIES; SUBCONTRACTOR IS NOT INSURER. (a) Subcontractor is not an insurer of: (i) Reemo, you, or any other User or third person or entity (collectively, “Persons”), or (ii) Person’s property , including real and personal, or the contents thereof (collectively, “Property”); (b) service fees are based solely on the deterrence and other value of monitoring services and the limited liability provided Subcontractor herein, and are unrelated to the value of Persons or Property, or the likelihood, potential extent, or severity of injury thereto, including death, bodily or personal injury, or any other injury, loss, damage or other consequence (collectively, “Injury”); and (c) monitoring services may not always work as intended for various reasons, including Subcontractor’s or Persons’ negligence or other fault, and Subcontractor cannot predict the potential amount, extent or severity of Injury that may be incurred that may be due to the failure of the services to work as intended.
SUBCONTRACTOR MAKES NO REPRESENTATION OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT MONITORING SERVICES WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM THAT SYSTEM OR SERVICES ARE DESIGNED TODETECT OR AVERT, INCLUDING ANY INJURY. SUBCONTRACTOR MAKES NO REPRESENTATION OR WARRANTY AT ALL. Therefore, you agree that: (i) it is your sole responsibility to obtain adequate insurance, including property, casualty, life, medical and disability, covering Persons and Property against Injury; (ii) limitations of liability of Subcontractor, and waivers and indemnities, set forth herein are a fair allocation of risks and liabilities between Subcontractor and Persons; (iii) you will look exclusively to your own insurance company for financial protection from Injury; and (iv) you waive all rights and remedies against Subcontractor, including rights of subrogation, that you, any insurer, or any Person may have due to any Injury.
HOLD HARMLESS. IF A PERSON FILES A CLAIM OR LEGAL ACTION AGAINST SUBCONTRACTOR, YOU WILL INDEMNIFY AND HOLD HARMLESS SUBCONTRACTOR ROM AND AGAINST SUCH CLAIM, SUIT, DEMAND, ACTION, CAUSE OF ACTION, AND PROCEEDING, WHETHER ADMINISTRATIVE, CIVIL, CRIMINAL OR OTHERWISE, INCLUDING ALL DAMAGES, LIABILITIES, LOSSES, FINES, FEES, COSTS AND EXPENSES, INCLUDING JUDGMENTS, COURT COSTS, SETTLEMENT COSTS, ATTORNEYS’ FEES, INVESTIGATORS’ FEES AND WITNESS’ EES, FOR BOTH TRIAL AND APPEAL, SUBCONTRACTOR MAY INCUR OR BECOME RESPONSIBLE FOR, DIRECTLY OR INDIRECTLY, WHICH ARISE OUT OF OR RELATE TO THIS CONTRACT, SERVICES OR SYSTEMS (“CLAIM”). YOUR OBLIGATOINS HEREIN APPLY EVEN IF CLAIM(S) ARISES OUT OF OR IS CAUSED BY SUBCONTRACTOR NEGLIGENCE, BREACH OF CONTRACT, STRICT LIABILITY, FAILURE TO COMPLY WITH APPLICABLE LAW, OR OTHER FAULT, SUBJECT ONLY TO THE SECTION BELOW HEADED “LIMITATION OF LIABILITY.”
LIMITATION OF LIABILITY. YOU AGREE THAT YOUR EXCLUSIVE REMEDIES FOR ANY SUBCONTRACTOR LIABILITY ARE PROVIDED IN THIS SECTION. EXCEPT AS PROVIDED IN THIS SECTION, SUBCONTRACTOR SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR OTHER CONSEQUENCE ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF MONITORING SERVICES OR SYSTEMS TO WORK AS INTENDED, MARKETING, ADVERTISING, SALE, DESIGN, INSTALLATION, MAINTENANCE OR SERVICE OF SYSTEM, OR TRANSMITTERS. IF SUBONCTRATOR IS DETERMINED TO BE RESPONSIBLE FOR ANY INJURY, LOSS, OR OTHER CONSEQUENCE, ALL CLAIMS AGAINST, AND THE TOTAL LIABILITY OF, SUBCONTRACTOR SHALL BE LIMITED TO TWO HUNDRED FIFTY DOLLARS ($250). THIS AMOUNT ID YOUR EXCLUSIVE REMEDY, REGARDLESS OF HOW THE INJURY, LOSS, OR OTHER CONSEQUENCE IS CAUSED, EVEN IF CAUSED BY THE SUBCONTRACTOR NEGLIGENCE, BREACH OF CONTRACT, STRICT LIABILITY, FAILURE TO COMPLY WITH APPLICABLE LAW, OR OTHER FAULT. YOU AGREE THAT SUCH LIABILITY LIMIT IS A MATERIAL INDUCEMENT FOR SUBCONTRACTOR TO PERFORM SERVICES, AND THAT WERE SUBCONTRACTOR TO HAVE LIABILITY GREATER THAN THAT STATED IN THIS SECTION SUBCONTRACTOR WOULD NOT PERFORM SERVICES. YOU AGREE TO ACCEPT SUCH $250 IN COMPLETE SATISFACTION, DISCHARGE, AND RELEASE OF SUBCONTRACTOR. NO ADDENDA, ADDITIONAL LIABILITY, OR COST TO REEMO SHALL BE INTERPRETED TO HOLD SUBCONTRACTOR AS AN INSURER OR OTHERWISE MODIFY THE TERMS OF THIS EXHIBIT A. IN NO EVENT, WHETHER ARISING BEFORE OR AFTER COMPLETION OF THE OBLIGATIONS UNDER THIS EXHIBIT A, SHALL SUBCONTRACTOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, CONSWQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF USE, PROFIT, EARNINGS, SUPPORT, SERVICES, COMPANIONSHIP, MENTAL PAIN OR SUFFERING, OR CLAIMS OF THIRD PARTIES).
LIMITATOINS ON ACTIONS. No action or other legal proceedings connected with Subcontractor will be brough or filed more than one (1) year after the date of the incident giving rise to the claim. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY ACTION OR OTHER LEGAL PROCEEDING RELATING TO SUBCONTRACTOR, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
FORCE MAJEURE. Subcontractor is not responsible for any interruption of, delay in, or failure to perform services caused by acts or omissions beyond its control, including those of third parties (such as government, other service providers, and you), Acts of God, fire, labor slowdown, war, and Reemo. Subcontractor’s time for performance is extended for a period equal to the Force Majeure event duration. Subcontractor is not obligated to perform substitute services during such period. You will not seek any damages in connection therewith.
Last Updated: October 3, 2025