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. They apply both to the purchase of the NOA device and to the associated service tariff.

Provider:
GEOTRACE GmbH & Co. KG
Waldleite 21, 97295 Waldbrunn, Germany
Represented by its managing director and owner René Nürnberger; the general partner is SISpro GmbH.
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 mobile emergency button (“NOA Mini”) or emergency smartwatch (“NOA Uhr”) purchased by the customer, including accessories.
• 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 triggered by the device, either by pressing the SOS button or by automatic fall detection.
• Escalation – forwarding of an alarm to the 24/7 emergency call centre if no trusted contact confirms the alarm in time.
• 24/7 emergency call centre – the control centre operated by a specialised service provider to which escalated alarms are handed over.

3. Description of services & limits

What NOA provides. If the customer triggers an alarm via the device, or if the device detects a fall, the provider notifies the trusted contacts stored by the customer in stages via SMS, email, push notification and voice call. If no trusted contact confirms the alarm within five minutes, the alarm is handed over to the 24/7 emergency call centre. The device also transmits its position as determined by GPS.

What NOA expressly does not provide. The customer acknowledges:

• NOA is a safety and communication service. Its intended purpose is not the diagnosis, prevention, monitoring, treatment or alleviation of disease; NOA does not replace medical or nursing care or medical supervision.
• NOA is not an emergency rescue service and does not replace the emergency number 112. In life-threatening situations the public emergency number must always be called first, where possible.
• There is no continuous observation of the customer by staff. A response occurs solely on the occasion of an alarm.
• Fall detection is a technical aid. It is based on sensor readings and may miss falls (no alarm) or trigger without a fall (false alarm). 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.
• The service requires a working mobile network connection, provided by network operators as third parties, and a sufficiently charged device.

4. Conclusion of contract

The presentation of products in the online shop does not constitute a legally binding offer but a non-binding invitation to order. By clicking the “Order with obligation to pay” button you place a binding order for the products in your basket and the selected tariff.

Receipt of your order is confirmed by email immediately after the order is submitted. This confirmation of receipt does not yet constitute acceptance of the contractual offer. A contract is concluded once the provider accepts the order by express order confirmation or by dispatching the goods.

The contract language is German. The provider stores the contract text; the customer can view their order data in their customer account.

5. Prices & shipping costs

All prices are in euros and include statutory VAT. The price list shown on the website at the time of the order applies.

The device (NOA Mini or NOA Uhr) costs a one-off €69.99 including accessories. No connection or activation fee is charged.

Within Germany and to the delivery countries selectable during the order process (Austria, Switzerland, Luxembourg, the Netherlands) we deliver free of shipping costs – shipping is included in the device price. For deliveries to Switzerland, customs duties and import charges may apply and are borne by the customer. Delivery to DHL parcel stations is possible if you provide a corresponding address.

6. Payment terms

Payment can be made by:

• SEPA direct debit
• PayPal
• Credit card (Visa, Mastercard)
• Apple Pay

Charging takes place according to the chosen payment method. On ordering, only the device is charged; the recurring tariff fee is – irrespective of the payment method – only charged after the free month has expired (see section 11). If paying by SEPA direct debit you grant us a SEPA direct debit mandate; pre-notification is given with a shortened period of at least one day.

Usage-based charges under section 12 are collected with the next regular billing after they arise.

7. Delivery & shipping

Delivery is made to the delivery address provided by the customer by parcel service (usually DHL). The goods are generally ready for dispatch within 1 to 3 working days of conclusion of the contract. We deliver to Germany, Austria, Switzerland, Luxembourg and the Netherlands; we do not currently 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.

10. Warranty & guarantee

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

For the NOA device we grant – in addition to and without restricting statutory warranty rights – a manufacturer’s guarantee of 2 years from delivery. The guarantee covers defects in material and workmanship under intended use. Excluded are damage caused by improper handling, dropping, moisture (beyond the stated protection class), interference by third parties, and normal wear and tear, in particular the age-related decline in battery capacity. Guarantee claims are handled via info@noa.life.

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 the standby of the 24/7 emergency call centre under section 12.

Free month. On ordering, only the device is charged. The first month is free of charge: the free period begins exactly on the day of the order and runs for exactly one month, irrespective of the tariff chosen (e.g. order on 10 January → free until 10 February). The first debit takes place after the free month has expired. Cancellation during the free month is possible at any time and does not trigger any payment obligation for the following period.

Tariffs. The customer may choose between:

• Monthly tariff: €24.99 per month. No minimum term. Terminable at the end of the respective billing month.
• Annual tariff: €274.89 per year (equivalent to €22.91 per month). 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 customer 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 centre & escalation

If no trusted contact confirms an alarm within five minutes, the alarm is handed over to the 24/7 emergency call centre. The centre makes contact and, at its own professional discretion, initiates further measures, which may include alerting emergency services.

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 activating the centre in the NOA app.

Charges. Standby of the emergency call centre is included in the tariff. For the actual handling of an alarm the following applies:

• The first handling per device and calendar month is free of charge.
• Each further handling in the same calendar month and for the same device is charged at a flat rate of €15 – irrespective of the nature and extent of the measures taken.
• The decisive factor is the calendar month in which the handling takes place. If the customer owns several devices, the free allowance applies separately to each device.

Alarms that subsequently turn out to be false alarms also count as handling and are charged under the above rule if the centre has taken action. Function checks that the customer expressly triggers as a test alarm never reach the emergency call centre and do not incur any charge.

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, keep it operational 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 check functionality after setup and thereafter at reasonable intervals using the test function;
• 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 customer account and the NOA app 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.

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 of the device takes place only on the basis of separate consent that can be withdrawn at any time. Without this consent, the location is transmitted solely in the event of an alarm.

20. Old devices & batteries

Old devices. Electrical and electronic equipment must not be disposed of with household waste; the crossed-out wheeled bin symbol indicates this. The provider is obliged to take back old devices free of charge. At the end of its useful life you can return your NOA device to the address given in section 1 or hand it in at a municipal collection point.

Batteries and rechargeable batteries. The device contains a permanently installed rechargeable battery that cannot be removed by the customer. Batteries must not be disposed of with household waste. You can return the device to us for proper disposal or hand it in at a municipal 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.