Terms of Use for the LUADA 4G PRO & LUADA 2 Emergency Watch and the LUADA 2 Emergency Watch

1. Scope

1.1 These Terms of Use apply to contracts you enter into with LUADA eHealth Solutions GmbH (hereinafter referred to as LUADA GmbH), Twentestr. 1A, 48527 Nordhorn, via the websites www.luada.de or www.hybrid-smartwatch.shop (online shop). The Terms of Use particularly apply to the purchase and use of the LUADA 4G PRO Emergency Watch and the LUADA 2 Emergency Watch.

1.2 In addition, our General Terms and Conditions apply. Deviating terms and conditions do not apply, even if LUADA GmbH does not explicitly object to them.

2. Content and Conclusion of the Contract

2.1 The LUADA 4G PRO Emergency Watch and the LUADA 2 Emergency Watch can be purchased without a SIM card or in combination with a paid subscription for the built-in SIM card. Through the SIM card, certain services are enabled, such as notifying designated, trusted contacts of accidents involving the wearer of the emergency watch. The emergency watch is purchased via the LUADA GmbH online shop, for which the listed one-time purchase price must be paid. Depending on the selected plan, a subscription for the emergency service is also concluded with the customer, for which monthly costs apply.

2.2 In addition to these Terms of Use, our privacy policy for the LUADA 4G PRO Emergency Watch and the LUADA 2 Emergency Watch applies.

2.3 The presentation of the LUADA 4G PRO and the LUADA 2 Emergency Watch on our website does not constitute an offer in the sense of Section 145 of the German Civil Code (BGB), but rather a non-binding invitation for you to order the product. By clicking on the Order button, you place a binding offer with LUADA GmbH. You will receive an email confirmation of your order, containing the order details. This confirmation is not an acceptance of your offer; it is merely to inform you that the order has been received by LUADA GmbH. The contract is concluded when LUADA GmbH accepts the offer by shipping the ordered product or confirming the shipment to you in a separate email or a message in your Message Center in your customer account. If you have a customer account, you can view your order data there.

2.4 If you order the LUADA 4G PRO Emergency Watch or the LUADA 2 Emergency Watch with a built-in SIM card, you must enter the relevant health data and emergency contacts on our website, which are necessary for the services to be provided by LUADA GmbH according to Section 3. If you purchase the emergency watch without a SIM card, you can set it up yourself according to the instructions in the user manual. In this case, there is no need to provide health data and emergency contacts in advance.

3. Services of LUADA GmbH

3.1 The type and scope of the contractual services result from the service description, the price list for the plan, and, where applicable, from other agreements made between the contracting parties. LUADA GmbH is free to choose the technical means to provide the agreed services, unless otherwise contractually agreed.

3.2 LUADA GmbH is entitled to commission third parties (subcontractors) to perform the services.

3.3 LUADA GmbH provides the LUADA 4G PRO and LUADA 2 Emergency Watch with a preinstalled SIM card and covers all mobile network costs within the German mobile network that arise from contract-compliant use of the emergency watch.

3.4 Based on your information, LUADA GmbH creates an emergency contact list for the watch wearer. LUADA GmbH does not carry out any emergency measures itself and is not responsible for such measures performed by third parties. The services are limited to transmitting the emergency call to the customer’s specified contacts.

3.5 The built-in SIM card includes domestic standard calls within Germany. Special numbers, premium services, and call forwarding to domestic or foreign numbers are excluded. Domestic standard SMS are also included. This does not apply to premium SMS services with premium billing. In addition, 300 MB of data volume is included for packet-based data usage in the German o2 mobile network. Unused data volume expires at the end of the billing period. Until the data volume included in the plan is used up, a maximum speed of up to 300 Mbps for downloads (average 59.7 Mbps) and up to 50 Mbps for uploads (average 25.6 Mbps) in the German o2 mobile network applies. After the included data volume is used up, the upload and download speeds per billing period are reduced to 32 kbps.

3.6 When speeds are reduced, there may be limitations in GPS location functions.

3.7 The built-in SIM card only works within the German mobile network.

4. Payment Terms and Customer Obligations

4.1 You are required to pay the purchase price for the LUADA 4G PRO Emergency Watch or the LUADA 2 Emergency Watch, as well as the agreed subscription fee, using one of the payment methods offered during the ordering process and to do so punctually. The billing period for the subscription is one month unless otherwise agreed.

4.2 LUADA GmbH will invoice the fees by email at the respective billing date. The stated prices are final prices and include statutory VAT.

4.3 You must ensure that the emergency watch and the SIM card are stored securely. In the event of the emergency watch being lost, you must inform us immediately. You are liable for unauthorized use of the SIM card if you are aware of such unauthorized use.

4.4 The usage and contract-related information you provide must be accurate, and any changes during the contract term must be updated. You agree to provide truthful, accurate, and up-to-date information and assume the risk associated with providing false, inaccurate, or outdated information. We will treat all information in accordance with our privacy policy.

4.5 Misuse of the LUADA 4G PRO Emergency Watch or the LUADA 2 Emergency Watch as well as the built-in SIM card is not permitted. In particular, it is not permitted to: – remove the card during the contract term and use it in other switching and transmission systems, such as for voice connections or data transfers between third parties, business telephone systems, or data networks (LAN/WLAN). – sell, rent, or lend the SIM card or the emergency watch with the built-in SIM card to third parties without our consent during the contract term. – establish connections for the purpose of obtaining payouts or other benefits for you or a third party based on the connection (e.g. for calls to chat lines or advertising hotlines). – send or receive legally prohibited, unsolicited information or other services. Any such violation constitutes a valid reason for immediate termination of the contract and obligates you to pay damages according to Section 5.

4.6 After the contract term expires, the built-in SIM card will be deactivated. You are then entitled to insert another SIM card into the LUADA 4G PRO Emergency Watch or the LUADA 2 Emergency Watch.

4.7 You must inform LUADA GmbH without delay if your name, residence address, billing address, bank details, or the email address provided changes. Furthermore, you must notify LUADA GmbH immediately if the LUADA 4G PRO Emergency Watch or the LUADA 2 Emergency Watch is lost.

4.8 If you are not the wearer of the emergency watch, you are responsible for ensuring that the wearer complies with these Terms of Use and agrees to them.

5. Contract Term and Termination

5.1 The subscription can be concluded with a 12-month term or a 24-month term. Both subscriptions can be terminated with one month’s notice at the end of the minimum term. If no notice of termination is given by the deadline, the contract will automatically be extended for an indefinite period after the end of the minimum term and can then be terminated at any time with one month’s notice. You can continue to use the SIM card until termination takes effect.

5.2 The mutual right of termination for good cause remains unaffected. An immediate termination by LUADA GmbH is possible, among other reasons, if you culpably violate the obligations listed in Sections 4.1 and 4.5. An immediate termination of the subscription by you is possible in particular if the wearer of the emergency watch should pass away.

5.3 If the contractual relationship ends before the minimum term expires for reasons not attributable to us, you are obliged to pay us compensation in the amount of 75% of the remaining monthly fees due until the end of the agreed minimum contract term. The compensation amount can be higher or lower if we prove greater damage or if you prove lesser damage.

6. Limitation of Liability and Set-Off

6.1 LUADA GmbH is liable for intent and gross negligence. In addition, LUADA GmbH is liable for negligent breaches of duties whose fulfillment makes proper execution of this contract possible in the first place, whose violation jeopardizes the purpose of the contract, and on whose compliance you may regularly rely. The same applies to breaches of duty by legal representatives and agents of LUADA GmbH.

6.2 Beyond that, LUADA GmbH is not liable unless it concerns liability for injury to life, body, or health or under the Product Liability Act.

6.3 The emergency call function requires adequate mobile network reception. Without reception, the emergency call function may be restricted. Ensuring this reception is not part of the contractual services of LUADA GmbH. Therefore, LUADA GmbH is not liable for impairments or disruptions in the mobile network, including any impairments within the living area or other locations where the emergency watch is worn.

6.4 The functionality and accuracy of GPS location (Global Positioning System) can also be affected by external factors beyond our control. This applies, for example, if the GPS network fails or if you or the wearer of the emergency watch are in a location not sufficiently covered by the GPS network. LUADA GmbH is not liable for restrictions to the location function in such cases.

6.5 We are not liable for any costs incurred due to improper calls to emergency call centers.

6.6 You are entitled to set off your claims if and to the extent that your counterclaims are determined by a final and binding court decision, are undisputed, or have been acknowledged by LUADA GmbH. You are only entitled to exercise a right of retention if your counterclaim arises from the same purchase contract.

7. Trial Period and Right of Withdrawal

7.1 If you are a consumer, you have a 30-day right of withdrawal. Please refer to the separate cancellation policy, which you can find here ( Rückgaberecht – luada.de ). In the first 30 days, we do not charge any fees for the subscription, irrespective of the declaration of withdrawal, meaning that use of the LUADA 4G PRO Emergency Watch or LUADA 2 Emergency Watch is free of charge during the first 30 days.