General terms & conditions.

1. Scope & provider

These general terms and conditions (“T&Cs”) apply to all contracts concluded by a consumer or trader (“customer”) with the provider named below via the website www.noa.life or in the NOA app. They apply both to the purchase of the NOA device and to the associated service tariff and to the add-ons that can be booked in the NOA app.

Provider:
GEOTRACE GmbH & Co. KG
Waldleite 21, 97295 Waldbrunn, Germany
Local Court (Amtsgericht) Würzburg, HRA 7109. Represented by its general partner SISpro GmbH (Local Court Würzburg, HRB 11779), which in turn is represented by its managing directors René Nürnberger and Matthias Nürnberger.
Phone: +49 (0) 93 06 / 53 42 388 · Email: info@noa.life
Further details in the imprint.

A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code). A trader is a person acting in the exercise of their trade, business or profession (§ 14 German Civil Code).

Deviating terms of the customer do not become part of the contract unless the provider expressly agrees to their application in text form.

2. Definitions

• Device – the NOA device purchased by the customer, including accessories: the mobile emergency button NOA Mini (type Q20) or the emergency call watch NOA Watch (type L18). Section 3 sets out which services belong to which device.
• Tariff – the paid service that enables operation of the device (SIM card, mobile network, location, alerting).
• Trusted contact – a person stored by the customer in the NOA app who is notified in the event of an alarm.
• Alarm – a signal from the device triggered by pressing the SOS button. On the NOA Mini, an alarm can also be triggered automatically: by a detected fall event, by leaving or entering a safety zone or by prolonged immobility of the device, insofar as the customer has switched on these alarm types in the NOA app.
• Call chain – the order, set per NOA Mini in the NOA app, in which the NOA Mini calls the trusted contacts in the event of an alarm.
• 24/7 emergency call service – the connection of an individual NOA Mini to the 24/7 emergency call centre, which can be switched on for that device in the NOA app.
• 24/7 emergency call centre – the control centre operated by a specialised service provider and staffed around the clock. When the emergency call service is switched on, it is the last link in the NOA Mini’s call chain.
• Call-out – the taking-on of an alarm from a NOA Mini by the 24/7 emergency call centre. This also applies if the alarm reaches the emergency call centre only through the device’s call.
• Voice announcement add-on – the paid additional service under section 12a that can be booked for a NOA Mini in the NOA app: an automatic call with a spoken announcement to selected trusted contacts.
• NOA account – the customer’s user account for the NOA app. No account is required to purchase a device on the website.
• Price overview – the list of prices for the device, the tariff, call-outs of the 24/7 emergency call centre (NOA Mini) and add-ons that is shown to the customer before the contract is concluded: on the website during the order process, in the NOA app before the respective booking. It forms part of the contract documents; for a purchase on the website it is enclosed with the order confirmation.

3. Description of services & limits

Purpose. NOA is a portable alarm and communication device with an app service. At the press of a button, the NOA Mini notifies the trusted contacts you have specified and – if switched on – a private 24/7 emergency call centre. This also happens in the case of certain automatically detected events: a detected fall event, leaving or entering a safety zone, prolonged immobility of the device. The NOA Mini transmits the device location and enables a conversation via the device.

What the NOA Mini provides. If the customer triggers an alarm on the NOA Mini, the NOA Mini calls the trusted contacts in its call chain one after another and enables a conversation via the device; in addition, the provider notifies the trusted contacts stored by the customer via SMS or email, depending on which channels the customer has selected in the NOA app for each individual trusted contact. The provider also informs the customer personally by push notification in the NOA app, insofar as the customer has allowed push notifications. Without the button being pressed, the NOA Mini triggers an alarm if it detects a fall event, if it leaves or enters a safety zone or if it does not move for a prolonged period – in each case only insofar as the customer has switched on this alarm type in the NOA app. If the 24/7 emergency call service is switched on for a NOA Mini, the 24/7 emergency call centre is the last link in the call chain (section 12). The NOA Mini also transmits its position as determined by GPS. For a NOA Mini, the paid voice announcement add-on can also be booked (section 12a).

NOA Watch. The NOA Watch is an emergency call watch with an SOS button and GPS. We will publish the range of functions and technical data at the start of sales. The call chain, conversation via the device, automatic alarms (fall, safety zone, inactivity), the 24/7 emergency call service and the voice announcement add-on are only available for the NOA Mini.

What NOA expressly does not provide. The customer acknowledges:

• NOA is not intended to detect, monitor, prevent, treat or compensate for diseases, injuries or disabilities. It does not measure any bodily functions. NOA does not replace the emergency number 112, nor does it replace medical, nursing or ambulance services.
• The NOA device cannot place an emergency call to 112. In a life-threatening situation, dial 112 yourself if possible. NOA is not an emergency rescue service.
• There is no continuous observation of the customer by staff. A response occurs solely on the occasion of an alarm.
• Automatic fall detection is only available on the NOA Mini. It does not detect every fall and can trigger false alarms. Automatic detection on the NOA Mini is a technical aid: it evaluates the movement and position of the device, not the condition of the person; the inactivity alarm only measures whether the device moves. No particular detection rate is owed.
• Location is determined via GPS and mobile networks. Accuracy and availability depend on the surroundings and network coverage; inside buildings, location is often imprecise or impossible.
• No alarm can be transmitted without a charged battery or without mobile network reception. The mobile network connection is provided by network operators as third parties.
• If a trusted contact’s voicemail picks up, the call counts as answered and the call chain ends. Ask your trusted contacts to switch off their voicemail for calls from NOA. Details are set out in sections 12 and 13.
• At present, no degree of protection against water has been verified – protect the device from moisture.

4. Conclusion of contract

Purchase of the device on the website. The presentation of the devices on the website does not constitute a legally binding offer but a non-binding invitation to order. By clicking the “Place binding order” button, the customer submits a binding offer to purchase the device. A tariff is not part of this order. The purchase contract is concluded with the provider’s order confirmation by email. The provider sends the order confirmation after receipt of payment or, for SEPA direct debit, after the direct debit has been submitted. No NOA account is required for a purchase on the website.

Tariff in the NOA app. The customer concludes the tariff in the NOA app after receiving the device, when activating the device. By clicking the “Order with obligation to pay” button, the customer submits a binding offer; the contract is concluded as soon as the NOA app confirms the activation as successful. Section 12 applies to the 24/7 emergency call service and section 12a to add-ons.

The contract language is German. For a purchase on the website, the provider stores the order data and the version of these T&Cs to which the customer agreed; the customer receives these T&Cs, the withdrawal policy and the price overview as a PDF with the order confirmation.

5. Prices & shipping costs

The prices in the price overview (section 2) shown before the order on the website or before the booking in the NOA app apply. All prices are in euros and include statutory VAT.

The price of the device (NOA Mini or NOA Watch) is paid once and includes accessories and shipping. No connection or activation fee is charged.

We deliver exclusively to delivery addresses in Germany. This applies regardless of the customer’s place of residence and nationality.

6. Payment terms

The provider processes payments via the payment service provider Stripe.

Purchase of the device on the website: by credit or debit card (Visa, Mastercard), also via Apple Pay or Google Pay where the payment window offers this, or by SEPA direct debit. If paying by SEPA direct debit, the customer grants a SEPA direct debit mandate. On ordering, only the device is charged. The device is only shipped after receipt of payment.

Tariff, call-outs of the 24/7 emergency call centre (NOA Mini) and add-ons: exclusively by credit or debit card (also via Apple Pay), which the customer stores in the NOA app. The tariff fee is charged when the device is activated in the NOA app (section 11). Charges for paid call-outs under section 12 are invoiced separately for each call-out and collected via the payment method stored for the tariff. The charge for a booked voice announcement add-on under section 12a is likewise collected via the payment method stored for the tariff.

Direct debit not honoured. If the direct debit is not honoured, we will ask you by email to pay within 7 days; if you do not pay in time, we may withdraw from the contract. We will not ship the device until payment has been received.

7. Delivery & shipping

Delivery is made by parcel service (usually DHL) to the delivery address in Germany provided by the customer. The device is generally ready for dispatch within 1 to 3 working days after receipt of payment. We do not deliver to other countries.

Where a delivery date is stated, it applies subject to our own supply. If the goods are unavailable, the provider will inform the customer without undue delay; any payments already made will be refunded without undue delay.

8. Retention of title

The delivered goods remain the property of the provider until payment has been made in full. The SIM card contained in the device remains the property of the provider and must, on request, be returned or destroyed after the contract ends.

9. Right of withdrawal

Consumers have a statutory right of withdrawal. Details, including the withdrawal period and the model form, can be found in the withdrawal policy.

Withdrawal from the purchase contract for the device also covers the tariff, since the tariff cannot be used without the device.

The withdrawal policy contains a separate section on booking an add-on in the NOA app (section 12a).

10. Warranty & guarantee

Statutory warranty rights apply. The limitation period for warranty claims for new goods is two years from delivery of the goods.

Manufacturer’s guarantee. In addition to the statutory warranty rights, GEOTRACE GmbH & Co. KG, Waldleite 21, 97295 Waldbrunn, Germany, as manufacturer and guarantor, grants a guarantee on the following terms:

• Subject: the devices NOA Mini (type Q20) and NOA Watch (type L18).
• Duration: 2 years from delivery of the device.
• Territorial scope: devices delivered to a delivery address in Germany.
• Content: The guarantee covers defects in material and workmanship under intended use. In a guarantee case, the guarantor repairs or replaces the device at its option; this is free of charge for the customer, including the costs of shipping the device to and from the guarantor.
• Excluded is damage caused by improper handling, dropping or impact, ingress of water or moisture (see section 3), interference by third parties, and normal wear and tear, in particular the age-related decline in battery capacity.
• Making a claim: The customer reports guarantee cases within the guarantee period by email to info@noa.life, stating the device number and a description of the defect.

The statutory warranty rights exist alongside the guarantee free of charge and are not restricted by it.

11. Tariff, SIM card & term

The NOA device requires a service tariff. It includes the SIM card with multi-network access (Telekom, Vodafone, Telefónica), mobile connectivity, GPS location, notification of trusted contacts and, for the NOA Mini, the standby of the 24/7 emergency call centre under section 12.

Start of the tariff. On ordering, only the device is charged. The tariff begins as soon as the customer activates the device in the NOA app; the first tariff fee falls due and is collected at that moment. There is no contribution-free period. On conclusion the customer expressly consents to the immediate start of the service.

Tariffs. The customer may choose between:

• Monthly tariff: price per month according to the price overview. No minimum term. Terminable at the end of the respective billing month.
• Annual tariff: price per year according to the price overview. Payment is made in advance for twelve months. If the customer terminates during the term, the provider refunds the amounts attributable to the unused full months on a pro rata basis.

Roaming within the European Union and in Norway, Switzerland and the United Kingdom is included in the tariff. Use outside these countries is not technically guaranteed.

Termination. Termination must be in text form and may be declared by email to info@noa.life, via the NOA account or via the cancellation page. The right of either party to terminate for good cause remains unaffected.

Price changes. The provider may change tariff charges with six weeks’ notice, effective from the beginning of a billing period. The customer will be informed in text form. If the charge increases, the customer has a special right of termination effective when the change takes effect; this will be pointed out separately in the notification. If the customer does not terminate, the change is deemed accepted.

12. 24/7 emergency call service & emergency call centre

Switching on per device. The 24/7 emergency call service is only available for the NOA Mini. It is switched on individually for each NOA Mini in the NOA app; by default it is switched off. Switching it on requires the customer’s separate consent to the charges under this section and to the terms of the 24/7 emergency call centre. The emergency call service is only effective as long as a tariff exists for the device. The customer can switch it off again at any time in the NOA app; while it is switched off, no alarm from this device reaches the emergency call centre.

Procedure. When the emergency call service is switched on, the emergency call centre is the last link in the call chain: if none of the trusted contacts called beforehand answers, the device calls the emergency call centre. If a trusted contact’s voicemail answers the call, the device treats this as an answered call; the emergency call centre is then not called. The emergency call centre sees every alarm from this device immediately in its system, including the location and the notes stored for the device; it takes action when the device calls it. If it takes on the call-out, it makes contact, initiates further measures at its own professional discretion, which may include alerting emergency services, and documents the call-out.

The emergency call centre is operated by a specialised service provider: Sicherheitszentrale-24 GmbH & Co KG, Matthäus-Stäblein-Straße 8, 97424 Schweinfurt. Its activity is additionally governed by the terms of the 24/7 emergency call centre, which the customer accepts separately when switching on the emergency call service in the NOA app.

Charges. Standby of the emergency call centre is included in the tariff. Only a call-out, i.e. the taking-on of an alarm by the emergency call centre, can give rise to a charge:

• The first call-out per device and calendar month is included.
• Each further call-out in the same calendar month for the same device is charged at a flat rate of the amount stated in the price overview – irrespective of the nature and extent of the measures taken.
• The decisive factor is the calendar month (German time) in which the emergency call centre takes on the call-out. If the customer owns several devices, the included allowance applies separately to each device.

Alarms that are merely displayed to the emergency call centre without it taking on a call-out do not incur a charge and do not use up the allowance. An alarm that subsequently turns out to be a false alarm does, however, count as a call-out and is charged under the above rule if the emergency call centre has taken it on and has thus taken action. When the emergency call service is switched on, test alarms are also displayed to the emergency call centre; they, too, only incur a charge if the emergency call centre takes them on as a call-out.

12a. Voice announcement add-on

Service. For a NOA Mini, the customer can book the paid voice announcement add-on in the NOA app. Once it is booked, the trusted contacts for whom the customer has selected the voice announcement are called automatically via the provider’s telecommunications gateway provider when this device raises an alarm; the call plays a spoken announcement about the alarm. There is no conversation with the person wearing the device. The voice announcement supplements the device’s call chain and the notifications under section 3; it does not replace them. The 24/7 emergency call centre is not called with a voice announcement. The add-on is not available for the NOA Watch.

Limits. The provider owes the automatic call attempt, not its success; delivery is not guaranteed. The provider does not learn whether a call was answered and the announcement heard; the customer therefore receives no feedback. The call may also be answered by voicemail. Section 3 (limits of the service) and section 15 (availability) apply accordingly.

Requirements. The add-on is booked per device and requires an existing tariff for that device. It follows the tariff: if the tariff is paused, the add-on is paused as well and, like the tariff, is not charged for that period. If the tariff ends, the add-on ends with it without the need for a separate termination. If the customer switches between the monthly and the annual tariff, the add-on switches along on the same terms.

Price. The add-on costs the amount stated in the price overview per device, per month with the monthly tariff or per year with the annual tariff. It is not included in the tariff, is billed for the same billing period as the device’s tariff and is collected via the payment method stored for the tariff. Section 11 applies accordingly to price changes.

Booking and start. The add-on can be booked together with the tariff when the device is activated, or at any time later in the NOA app, as long as the tariff is not paused. Booking requires the customer’s separate consent to the costs. By confirming the paid booking, the customer submits a binding offer; the contract for the add-on is concluded as soon as the NOA app confirms the booking as successful. The provider additionally confirms a later booking by email. At the customer’s express request, the service begins immediately upon booking. For a later booking, the pro rata amount for the period until the end of the current billing period of the tariff is charged and collected immediately; thereafter the add-on is billed together with the tariff. If this amount cannot be collected, the booking is not concluded; the tariff remains unaffected.

Termination. The customer can terminate the add-on independently of the tariff in the NOA app or by the means set out in section 11:

• With the monthly tariff it ends at the end of the billing period already paid; no refund is made.
• With the annual tariff it ends at the end of the current month of the term. The provider refunds the amount attributable to the unused full months on a pro rata basis, but no more than the amount paid for the add-on.

Until the termination takes effect, but no later than the end of the current billing period of the tariff, the customer can revoke it in the NOA app, provided no refund has yet been made; if the tariff is paused, this is only possible after it has been resumed. The add-on then continues without a new payment. After that, the add-on can be booked again at any time.

13. Customer’s duties to cooperate

The effectiveness of the service depends decisively on the customer observing the following duties. The customer undertakes:

• to charge the device regularly and in accordance with the operating instructions, keep it operational and protect it from moisture (section 3), and heed warnings about a low battery level;
• to wear or carry the device as intended;
• to store at least one trusted contact and keep their contact details up to date;
• to ensure that the stored trusted contacts are reachable and know that and how they will be notified in the event of an alarm;
• to ask the trusted contacts in the call chain of a NOA Mini to switch off their voicemail for calls from NOA, because voicemail ends the call chain (sections 3 and 12);
• to check functionality after setup and thereafter at reasonable intervals, for example by means of a test alarm agreed with the trusted contacts;
• to notify changes to their own contact details, address and payment data without undue delay;
• to report faults, damage or loss of the device without undue delay;
• to keep the access data for the NOA account confidential.

If the customer breaches these duties and an alarm is therefore not transmitted, not transmitted in time or not transmitted to the correct person, the provider’s responsibility lapses to that extent, insofar as the breach was causal. Statutory rules on contributory negligence remain unaffected.

14. Trusted contacts

The customer stores in the NOA app the data of persons who are notified in the event of an alarm. This constitutes personal data of third parties.

The customer warrants that, before storing the data, they have informed the persons concerned about the storage and the purpose of processing and – where required – obtained their consent. The customer indemnifies the provider against third-party claims arising from storing data without the necessary authorisation.

A trusted contact owes the customer no response; no obligation to render assistance arises from these T&Cs. The provider owes notification, not its success.

The customer can change or remove trusted contacts in the NOA app at any time. At the request of a person concerned, the provider will also remove their data directly.

If NOA is used in a facility to prevent the person wearing the device from leaving the facility, approval by the guardianship court (Betreuungsgericht) may be required (§ 1831 (4) German Civil Code). Obtaining it is the responsibility of the customer or of the person authorised to represent the wearer.

15. Availability, maintenance & faults

The provider operates the systems required for the service with the care of a prudent business person and aims for availability that is as uninterrupted as possible. No particular availability rate is warranted.

Maintenance work that may cause interruption will, where possible, be scheduled for low-traffic periods and, where plannable, announced with reasonable notice. Measures that cannot be postponed in order to avert security risks may be carried out at any time and without prior notice.

Temporary restrictions may arise in particular from faults in mobile networks, outages at upstream suppliers, power failures, attacks on the IT infrastructure and force majeure. The provider remedies faults within its area of responsibility without undue delay after becoming aware of them.

The customer will be informed in a suitable manner about significant faults affecting the emergency path as soon as this is possible.

16. NOA app & rights of use

For the duration of the contract, the provider grants the customer a simple, non-transferable and non-sublicensable right to use the NOA app and the associated services to the contractually agreed extent. There is no claim to the provision of source code.

The provider may further develop and adapt the app and the services, in particular to increase security, remedy errors or meet legal requirements. Essential functions that the contract is directed at are retained. If an essential function is restricted, the customer has a special right of termination.

The customer may not reverse engineer, decrypt or circumvent the app except where permitted by law.

17. Late payment & suspension

If the customer is in default with the payment of due charges, the provider may suspend the service after prior reminder in text form and setting a reasonable deadline of at least two weeks. The reminder will expressly point out the impending suspension and its consequences for the emergency path.

The claim to the agreed charges remains in place during suspension. Once the arrears have been settled, the service is reactivated without undue delay.

18. Liability

The provider is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, within the scope of a guarantee assumed, and under the provisions of the German Product Liability Act.

In the case of slight negligence, the provider is liable only for breach of a material contractual obligation (cardinal obligation), the fulfilment of which makes proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely. In this case liability is limited to the foreseeable damage typical for the contract.

Liability is otherwise excluded. These limitations also apply in favour of the provider’s legal representatives, employees and vicarious agents.

The provider is not liable for circumstances outside its area of responsibility. These include in particular:

• outages or restrictions of third-party mobile and power networks;
• inaccuracies or failures of satellite positioning;
• the absence of any response from stored trusted contacts;
• consequences of failure to cooperate under section 13, in particular a discharged device or one that is not carried;
• decisions and measures taken by emergency services and authorities;
• force majeure.

The above exclusions do not apply where the provider is responsible for the circumstance or was itself under a duty to take precautions.

19. Data protection

Information on the processing of personal data – including location data, alarm data and the data of trusted contacts – can be found in our privacy policy.

Continuous location, display of the location outside an alarm, location history and, for the NOA Mini, safety zones, fall and inactivity alarms require the consent of the person wearing the device; the customer obtains it before switching on these functions.

20. Old devices & batteries

Old devices. Electrical and electronic equipment does not belong in household waste; the crossed-out wheeled bin symbol indicates this. You can hand in your NOA device free of charge at a municipal collection point.

Batteries and rechargeable batteries. The device contains a lithium-ion battery. Devices with batteries do not belong in household waste; hand the device in at a collection point.

21. Changes to these T&Cs

The provider may amend these T&Cs where this is necessary to adapt to a changed legal situation or supreme court rulings, to close gaps in the provisions or to adapt to changed technical circumstances, and where this does not unreasonably disadvantage the customer.

Changes will be communicated to the customer in text form at least six weeks before they take effect. If the customer does not object within this period, the changes are deemed accepted; this consequence will be pointed out separately in the notification. If the customer objects, either party may terminate the contract effective from the date the change takes effect.

22. Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 German Act on Consumer Dispute Resolution).

23. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

The place of performance and jurisdiction for disputes with merchants, legal entities under public law or special funds under public law is the registered office of the provider.

The customer may assign claims against the provider only with the provider’s consent. The customer has a right of retention only in respect of counterclaims arising from the same contractual relationship. The customer may set off only against undisputed claims or claims established as final and binding.

Should individual provisions of this contract be wholly or partly invalid, the validity of the remaining provisions shall not be affected.