Terms and Conditions
for Response by Doro and
Response Premium by Doro

1.      Limitation of service and necessary equipment

The following terms and conditions constitute the terms of the Agreement between you as a User (hereinafter referred to as “User”) and Doro AB (hereinafter "Doro") a company registered in Sweden with company registration number 556161-9429, with regards to the free of charge service Response by Doro (hereinafter referred to as the “Service”) and the paid subscription service Response Premium by Doro (hereinafter referred to as the “Subscription”).

In terms of this Agreement there are three types of Users and unless addressed specifically as per below, the term “User” will be used in general for all three collectively:

1. The Responder, i.e. the party that will receive the alarm signals from the senior (hereinafter referred to as “Responder”). This is often a close relative of the Senior and may also be the Payer.
   
   
2. The Senior, i.e. the party that will have a Doro device and activate the alarm signal from the Doro device in case of emergencies (hereinafter referred to as “Senior”).
   
   
3. The Payer (hereinafter referred to as “Payer”) i.e. the party that will be paying for the paid Subscription, for those customers who chose to activate the paid Subscription Response Premium by Doro. The Payer is by default also always a Responder. The Payer must be a consumer user, at least 18 years of age, have a registered address in the Country of Sale and own a debit or credit card.

Response by Doro is a built-in free of charge service on the Doro senior devices whereby Responders (e.g. relatives, friends and family) can assist a Senior (i.e. the Doro device user) with basic settings like adjusting sounds, screen brightness etc. In addition, the Response by Doro service also provides the Senior with an assistance button on the Senior’s device, which if the Senior presses it, will send a distress alarm signal to the Responders. The Response by Doro service is free of charge and available in all markets where the Doro senior devices are sold.

Response Premium by Doro, is a paid subscription service which adds on to the Response by Doro service but also adds the service of the Doro Alarm Receiving Centre, in the regard that if the Senior has pressed the assistance button but none of the Responders are available to accept the distress signal, the alarm is then automatically re-routed to the Doro Alarm Receiving Centre which will be able to assist the Senior. The paid Response Premium by Doro subscription is only available in selected countries. For an updated list of available countries, please consult www.doro.com.

Doro Software, In order to provide the Response by Doro service and the Response Premium by Doro subscription, Doro is making its Response by Doro software (hereinafter “Doro Software”) available to the User and by downloading, installing or otherwise using the Doro Software, the User agrees to be bound by this Agreement. The User must make sure to have fully read and understood this Agreement before using Response by Doro and Response Premium by Doro as well as the Doro Software.

Country of Sale, the country where the Response by Doro Service and Response Premium by Doro Subscription and the Doro device are sold. NB: these services and subscription may not be available in all markets

No rights or obligations under this Agreement or any part thereof may be transferred to third parties without Doro’s written consent.

Doro reserves the right to appoint subcontractors to fulfil its obligations under this Agreement.
In such case, Doro is still responsible for the subcontractors’ work as well for Doro’s own work.

2.      Limitation of service and necessary equipment

The User’s use of the Service, Subscription and Doro Software is at the User’s own risk and is for use only in the Country of Sale.

Doro endeavours to always provide a fully functional Service and Subscription but does not guarantee that the Doro Software, Service or Subscription will work at all times due to circumstances beyond Doro's control, for example if the User does not have network service, if there are hardware failures in the phone etc.

Doro does not warrant that operation of the Doro Software will be uninterrupted or error free, or that functions in the Doro Software will operate in combination with any hardware not provided by Doro.

To the maximum extent permitted by applicable law, the Doro Software is provided “as is” and “as available”.

Doro is not responsible for the accuracy, reliability, availability, efficiency or correct use of the Service or Subscription. GPS or navigation data, including data about the Senior’s current location, may be inaccessible, incorrect or incomplete due to reasons beyond Doro’s control.

NOTE: Use of the Doro Software, Response by Doro Service and Response Premium by Doro Subscription does not replace medical care or other care and care systems. If ever experiencing chest pain, pressure, tightness or squeezing in the centre of chest or anything suspected to be a heart attack, please contact emergency services immediately.

The Response by Doro Service must be activated by registering through the Response by Doro app with the required information at the given time. Full use and deployment of the Service depends on the User's access to a supported device, as well as Internet access. For a list of compatible devices, see www.doro.com.

The Service and Subscription can only be registered for one specific device and one mobile telephone number (MSISDN) and it is only from this device and this MSISDN that the alarm function included in the Service and Subscription can be used. The Service and Subscription may be transferred to a new device assuming that the User make use of the same user credentials (MSISDN and password) when logging into the Service or Subscription on the new device.

Note: It is the responsibility of the User to ensure that the battery on the Senior device is not drained if the User is setting or adjusting the screen brightness, screen saver etc. Careless usage of such settings may drain the battery on the Senior phone, especially in low battery state.

3.      Requirements for the Response by Doro Service to work

The alarm function is activated by pressing the assistance button on the Doro device.

For the alarm function to work on the Doro device, the

• Service has to be activated for that particular device
• Device must have a traceable MSISDN, i.e. the functionality to display Caller ID has to be activated
  Note: The Service and Subscription will not work for customers who are making use of withheld/hidden/secret/unknown telephone numbers
• Device must have a working SIM-card with either an active post-paid mobile subscription or in the case of pre-paid sufficient credit balance on the SIM-card
• User information of the Senior as well as the Responder(s) must be available as per
  section 14 “Personal Data” of this Agreement
• Responder(s) and Senior must be using SIM-cards from the same country
  
  

The maintenance of the Doro senior device may affect the performance of the Service and Subscription and it is the User’s responsibility to ensure the functionality.

4.      Acceptable use

The Service and Subscription are meant to be used only in a case of emergency. Doro reserves the right to limit or even close down the Service and Subscription for a User if either is being repeatedly misused, for example by pressing the alarm button when there is no real emergency.

5.      Usage abroad

For current prices on roaming tariffs, please contact the applicable mobile network operator. Doro is not responsible for use outside of the Country of Sale and although some parts of the Service and Subscription may work abroad, Doro does not guarantee the Service nor the Subscription outside the Country of Sale.

6.      Activation

The Service and the Subscription are both activated through the Response by Doro app.

The Response by Doro Service will begin to work immediately when the User activates the Service.

The Response Premium by Doro Subscription will be activated once a Payer has chosen to activate and pay for the Response Premium by Doro Subscription.

7.      Charging costs

Response by Doro service
The Response by Doro service is free of charge and there is no cost to any User, neither the Responder nor the Senior, for this service.

However, costs for calls, SMS and data consumption when setting up the Service as well as using the Service including operator subscriptions, etc. are not included in the free of charge Response by Doro Service. Such costs are billed separately to the User’s post-paid contract or pre-paid card as per the agreement with their mobile network operator.

Note: Each press of the assistance button will for the free of charge Service make use of the Senior’s data connection and will be charged to the Senior by the Senior’s mobile network operator accordingly.

Response Premium by Doro subscription
The Response Premium by Doro subscription is a cost-based service which is charged monthly in advance to the Payer through a payment service provider for the Subscription provided under this Agreement. A Subscription period of the Response Premium by Doro corresponds to one (1) calendar month.

Costs for calls, SMS and data consumption when setting up the Subscription as well as using the Subscription including operator subscriptions, etc. are not included in the Response Premium by Doro Subscription. Such costs are billed separately to the User’s post-paid contract or pre-paid card as per the agreement with their mobile network operator.

Note: Each press of the assistance button will for the paid Subscription send one (1) SMS and make one (1) phone call to a local telephone number which will be charged to the Senior by the Senior’s mobile network operator accordingly

The terms of the payment service are governed by the terms and conditions of the payment service provider at any time.

8.      Payment

Payment for the Response Premium by Doro subscription is always made in local currency and all prices are inclusive of local applicable VAT.

All charges must be paid in advance. If payment fails, Doro reserves the right to block the Subscription.

By selecting “buy”, “ok”, “Accept” or other similar confirmation of acceptance in the order flow, the Payer confirms to submit an order for the Response Premium by Doro. All orders are subject to acceptance by Doro. The Payer agrees that, once accepted by Doro, all orders, shall be legally valid and binding.

9.      Transfer

If the Payer wishes to transfer the Subscription to another Senior, the Payer must contact Doro. Doro is entitled to charge an administrative fee for the new holder of the agreement upon transfer.

10.  Limitation of liability

Doro is liable for damages according to local mandatory law. Doro can only be held liable for claims or losses directly related to and subject to this Agreement. Doro is not responsible for the User’s potential loss, loss of profits or similar indirect or consequential damage including any potential loss of business, revenue or profits, loss of data, business interruption, loss of business information, or for any other pecuniary loss arising out of the use of or inability to use the Doro Software, the Service or the Subscription. To the extent permitted by law, Doro's liability is limited to the amount received during the six (6) months before the damage occurred. Damage that the User wants to make Doro responsible for, must be notified to Doro as soon as the damage has been noted, but no later than 10 days thereafter.

Doro is not responsible for negligence or delays in the performance of Service or Subscription if such an error or delay is due to force majeure, including natural disasters, extreme weather and climatic events, war, terrorism, strikes, riots and fires.

In addition, Doro cannot be held responsible for circumstances beyond what is considered to be within Doro's reasonable control, for example interruptions in telecommunications networks or an inadequate connection or any other obstacle in communication.

It should be noted that the Response by Doro Service is only a service that transmits alarms from the Senior’s device to the Responder’s device. The Response Premium by Doro subscription is a service whereby the alarms can also be responded to by the Doro Alarm Receiving Centre, but Doro is not responsible and cannot be held responsible for any actions or omissions that require medical advice, treatment or other health related action or assessment.

11.  Amendment and Termination of the agreement

For the Response by Doro service as per this Agreement there is no subscription, therefore any of the Users may terminate this Agreement at any time.

The Response Premium by Doro Subscription as per this Agreement may be terminated after any mandatory subscription period has elapsed and only if the Payer has settled all outstanding invoices in connection with the Subscription, and only the Payer can terminate the Subscription.

Doro reserves the right to continuously update or change this Agreement. Any such changes will be notified no later than two months before they come into force. The User can terminate the Agreement with 14 days’ notice during the period, i.e. with effect no later than the date of entry into force of the amendment. If the Customer continues to use the subscription after the current date, Doro will consider this to be a sign of approval by the changes.

Changes will be announced by e-mail, letter or through SMS.

12.  Fixed term, maturity, termination and cancellation

The Agreement might have an initial mandatory subscription period.

If the User wishes to cancel/terminate his/her service and/or subscription, this must be done through Response by Doro app.

Only the Payer can terminate the subscription.

Unless otherwise agreed in writing, the Subscription may end with a notice period that expires during the current month of termination of the Subscription, provided that termination is made at least one day before the end of the current month. If cancellation is initiated later than at least one day before the end of the current month, notice period will not expire until the end of the following month.

Upon termination of the contract, the Subscription will no longer be available to the Users.

13.  Messages and Customer information

Doro reserves the right to send messages to Users regarding the Agreement. Doro sends information including order confirmations, service announcements, payment reminders, reminders, billing notices including information and notification of changes in subscription terms and prices.

Doro also reserves the right to contact the User in order to inquire about the User’s satisfaction with regards to Doro products and services.

User information is never disclosed or sold to third parties.

14.  Personal Data

Doro complies with both national personal data laws and the new EU privacy rules in accordance with the Doro Privacy Policy, http://www.doro.com/en-ie/privacypolicy/

14.1 Personal Data

In connection with the Service and Subscription, Doro may register the following data about the Senior:

• Name
• Gender
• Date of birth
• Address
• Telephone number and/or e-mail
• Contact information
• Potentially the IMEI of the Senior’s Doro phone used as part of the Service and Subscription

Doro also registers the following data about the Responder:

• Name
• Telephone number and/or e-mail
  
  

This data is mandatory for the Service and Subscription to be provided and it is the responsibility of the Responder to ensure that the data is always updated and correct for both the Responder and Senior. Updating the data can be done in the Response by Doro app or by contacting Doro Support.

Doro assumes no responsibility for cases where the Service and Subscription cannot be provided if the problem is originating from data missing, being incomplete or incorrect.

Doro collects the above data about the User in order to:

• send any physical goods included in the Service or Subscription by order
• if applicable manage the Service or Subscription data
• changes to the Service or Subscription terms and conditions and the like to the User
• respond to requests from the User
• help and provide the User with the best possible service

Doro only collects data as stated above or which the User explicitly authorises access to. In this way, the User knows exactly what data Doro registers and why Doro stores the User’s data in accordance with Doro's Privacy Policy and only as long as the User has an ongoing Service or Subscription with Doro.

All Personal Data as per above is stored within the European Union during the duration of the Service and Subscription. After the Service or Subscription ceases, the Personal Data will be anonymised and kept only for statistical purposes without the individual User being able to be identified.

14.2 Voice Call Data

All voice calls to the alarm centre are recorded for security purposes and the recordings are saved for a period of six months, independent of the User’s subscription status.

All voice call data to the alarm centres is stored within the European Union, save for voice call data to the Doro Alarm Receiving Centres in the United Kingdom, which is save in the United Kingdom.

15.  License to use the Doro software for the Service and Subscription

The User agrees that the Doro Software provided as part of the Service and Subscription is provided to the User by way of a license only. The Doro Software is licensed only for use strictly in accordance with this Agreement. Doro grants a personal, limited, non-exclusive, non-transferable right to install and use the Doro Software for the Service and the Subscription on the User’s device.

The User may not copy the Doro Software or distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the software, except to the extent that any applicable law prohibits these restrictions.

The User agrees to use the Doro Software only for purposes that are permitted by this Agreement and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

The User agrees to be solely responsible for the use of the Doro Software, as well as any breach of the User’s obligations under this Agreement, and for any consequences of such breach.

16.  Intellectual Property Rights

The Doro Software, the Response by Doro and the Response Premium by Doro are protected by applicable intellectual property rights. All copyright and other intellectual property rights in and in connection with the Doro Software, the Service and the Subscription and the accompanying materials including but not limited to print, graphics, user interface and editorial content, are owned by Doro, or its suppliers.

17.  Rights

All rights regarding the Service and the Subscription belong to Doro and/or partners with whom Doro has an agreement with. Trademarks and other logos, features, images, etc. belong to Doro or Doro's partners.

18.  Force Majeure

Doro is not responsible for failure to perform any of its obligations under this Agreement, where such failure is due to an event that is beyond Doro’s reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, terrorist activity, or acts of God.

19.  Disputes and complaints

In case of disagreement of the Agreement, complaints should be submitted to Doro Customer Service. Dispute of the interpretation or application of the Agreement shall be settled by local courts under local law.

If the User has questions regarding the terms of subscription or use of the User’s personal information, the User is welcome to contact Doro Customer Service.

20.  CONTACT INFORMATION

DORO AB (publ)

Registered office: Malmö

Company Registration Number: 556161-9429
at the Swedish Companies' Registration Office (Bolagsverket)

Address:
Doro AB
Jorgen Kocksgatan 1B
SE-211 20 Malmo
Sweden

Phone: +46 (0)46-280 50 00

Email: sales@doro.com