Terms and Conditions Of Use

UPDATES. The company may post updates to these Terms and Conditions of Use on its website (https://321alert.ca/agreement_terms_and_conditions). Customers are responsible for regularly reviewing the Terms and Conditions of Use to stay informed of any changes. By continuing to use the Company’s products or services after updates are posted, the customer acknowledges and agrees to the updated Terms and Conditions as they appear on the website. The Company may also mail updated Terms and Conditions of Use to the customer’s address on file from time to time.

THE SYSTEM AND MONITORING SERVICES. The “System” refers to the emergency alert system, personal transmitter(s) and any other accessories or devices provided by Company, including any key lock box. “Premises” refers to Customer’s address set-forth above. Monitoring service consists solely of monitoring service personnel (“Personnel”) alerting the persons, entities or agencies you have identified in writing (“Responders”). “Company” means Alertezy Solutions Inc, a British Columbia limited liability company, doing business as 321 Alert (“321 Alert”), including its owners, officers, employees, agents, contractors, monitoring centers, and assigns. Company will provide monitoring and notification services seven (7) days per week, twenty-four (24) hours per day. When the monitoring facility (Facility) receives data or other communications from the System reporting conditions that require assistance, this is referred to as a “Response Condition”. Once the Facility receives a Response Condition, but before alerting any Responders, Personnel may, in their sole and absolute discretion and without any liability, (a) contact or attempt to contact the Premises as frequently as they deem appropriate to verify the need to alert Responders to the Response Condition; and (b) after being told by anyone at the Premises to disregard the Response Condition, not alert Responders of the Response Condition or advise Responders to disregard the Response Condition. 

ASSIGNEES AND SUBCONTRACTORS. This Agreement is not assignable by you. This Agreement or any portion thereof is assignable by Company in its sole discretion. Company may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. You acknowledge and agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company to provide any service set forth herein to you and bind you to such subcontractors with the same force and effect as they bind you to Company. 

PAYMENT. The Customer agrees that billing commences on the date services are ordered (further referred to as ‘Point of Sale’) and will be charged to the payment method authorized at the point of sale for the amount specified by Company. The renewal payment will be due each billing cycle (monthly, quarterly, semi-annual or annual) unless and until this Agreement is terminated. The Customer authorizes Company to auto withdraw the renewal payment and any past due amounts using the default payment method on file at the time the subscription is scheduled to renew. The Customer agrees to pay all sales, service, property, use and local taxes, permits or licenses and any additional fees or charges arising under this Agreement. Balances that are over thirty (30) days past due will be subject to a monthly finance charge equal to 1.5% per month or the maximum allowable by law. In the event that it becomes necessary for Company to undertake legal proceedings to collect payments due under this Agreement, the Customer agrees to reimburse all reasonable attorneys’ fees associated with such collection action, except where prohibited by law. 

TERM & TERMINATION On page 1 of this Agreement, the Customer will select their contract term: Month-to-Month, 1-Year Agreement, or 2-Year Agreement. This "Term and Condition of Use" shall commence upon the successful processing of payment for the System and shall continue unless and until terminated in accordance with the terms set out herein.
The Company reserves the right, at its sole discretion, to suspend Services or terminate this Agreement. The Customer may terminate this Agreement at any time by providing the Company with 30 days’ prior written notice. The Customer will remain responsible for payment of all fees and charges incurred up to the end of the 30-day notice period on a prorated basis. Month-to-Month Agreement: Upon providing 30 days' notice, the contract will terminate at the end of the notice period, and the final prorated bill will be due. 1-Year Agreement: If the Customer terminates before the end of the term, the full outstanding balance of the 1-year agreement shall become due and payable immediately. 2-Year Agreement: If the Customer terminates before the end of the term, the full outstanding balance of the 2-year agreement shall become due and payable immediately. By selecting a 1-year or 2-year term, the Customer acknowledges that they are receiving preferential pricing and additional services. These agreements are non-refundable, and the full outstanding balance shall be paid in full upon early termination. Upon cancellation, the Customer expressly authorizes the Company to charge the full outstanding balance to the credit card on file in accordance with applicable laws and regulations. In the event of non-payment, the Company shall provide notice to the Customer specifying the date on which Services will be terminated. All termination notifications will be sent to the most recent billing address provided by the Customer. Once Services have been terminated, the Company shall not be liable for any injuries, damages, or expenses incurred by the Customer as a result of such termination. The System may not function correctly without an active service plan. If the Company reactivates the Services, the Customer shall be required to pay, in advance, the then-prevailing reconnection fee as determined by the Company. If the System is returned unopened within 14 days of the initial delivery, the Customer shall be entitled to a full refund of the purchase price of the System and any prorated recurring costs. If the System is opened within the refund period, a $100.00 restocking fee shall be automatically applied.








Prepaid Service Plans The Company also offers Prepaid 1-Year and Prepaid 2-Year service plans. By selecting a prepaid plan, the Customer agrees to pay the full contract amount in advance in exchange for discounted pricing, promotional incentives, and/or bonus services.All prepaid service plans are NON-REFUNDABLE for any reason, including but not limited to early termination, non-use of the Services, dissatisfaction, relocation, medical changes, or device return. No full or partial refunds, credits, or prorated amounts shall be issued once payment has been processed.If the Customer terminates a Prepaid 1-Year or Prepaid 2-Year plan prior to the end of the selected term, Services may be discontinued at the Company’s discretion; however, no refund or credit shall be provided, and all prepaid amounts shall be deemed fully earned by the Company upon receipt.By selecting a prepaid plan, the Customer expressly acknowledges and agrees that the prepaid amount is paid in consideration of the discounted rates and bonus offers provided and that such prepaid amounts are final,

SYSTEM INSTALLATION AND USE. Customer must abide by Company’s written requirements for the installation and use of the System (the “Installation and Use Requirements”). The Installation and Use Requirements are incorporated by reference in this Agreement as if set forth in full herein. Customer acknowledges receipt of a copy of the Installation and Use Requirements with the delivery of the System. Company may re-publish the Installation and Use Requirements from time-to-time and Customer shall be bound thereby upon Company’s delivery thereof to Customer. 

FALSE ALARMS AND FORCED ENTRY. If the System is activated for any reason, you alone shall pay any fines, fees, costs, expenses or penalties assessed against you. Company or Facility by any court or governmental agency. You must provide Responders access to the Premises. If you fail to provide access, Responders may use force to enter the Premises, and that may result in damage. You alone are responsible for any such damage. Company has no control over response times for Responders. You acknowledge that you may be able to reach Responders more quickly by telephone, including by dialing 911. You hereby release Company and Responders from all claims, losses and damages that may arise from any forced entry or delayed response. 

SYSTEM EQUIPMENT. The System may include, depending on the plan selected, a base station (wired or cellular), mobile device, cradle charger, pendant and automatic fall detection pendant. Company, in its sole discretion, may repair or replace the System if it becomes damaged or is defective, unless (i) the System has previously been disassembled, repaired or modified by someone other than us or our authorized service representative or (ii) the System has been damaged as a result of the negligence or misconduct by any person other than us or our authorized service representative (iii) the warranty period has passed.

LIMITATIONS OF THE SYSTEM AND THE SERVICES. Company is not responsible for the promptness, sufficiency or adequacy of the action of any Responder. Company will not send any of its personnel to the Customer location in response to an emergency signal. Neither the System nor the Services can prevent death, bodily or personal injury, or any other harm or damage to the Customer or others who use them. The System and the Services rely on the availability of the Customer home telephone service provider, cellular network coverage, and the availability of global positioning system (“GPS”) data to operate properly. These systems are provided by a third party and cannot be controlled by the Company. There is always a chance that the System may fail to operate properly. The Fall Detection Pendant does not detect 100% of falls. If Customer is able, Customer should press your help button on Fall Detection Pendant in the event of an emergency. The 911 emergency services line is an alternative to the System and the Services.

INSURANCE. Company is not an insurer. The monitoring service fee is based solely on the services we provide and the limitation of liability and other protections arising under this agreement. Accordingly, you shall maintain insurance in an amount sufficient to provide full and complete coverage for any loss, damage or expense that may be sustained by you, your family or others, including medical insurance, disability insurance, life insurance and property insurance. Company and representatives (as that term is defined in the next paragraph) are released for all such loss, damage and expense. 

LIMITATION OF LIABILITY. Should there arise any liability on the part of Company or any of its officers, directors, shareholders, members, partners, employees or sub-contractors (and the employees of sub-contractors) (collectively, “representatives'') for any personal injury or death or any other loss, damage, cost or expense, property damage or other liability arising out of or from, in connection with, or related to any reason, including the (1) active or passive, sole, joint or several negligence of any kind or degree of Company or any of the representatives, (2) improper operation of the system or the failure of the system to operate; (3) breach of contract, or (4) any claims for subrogation, contribution or indemnification, all such liability shall be limited to the maximum sum of $1,000.00, collectively for company and representatives. 

CONSEQUENTIAL DAMAGES. In addition to any other provision in this agreement, the Company shall not be liable for any general, direct, special, exemplary, punitive, incidental or consequential damages. WAIVER OF SUBROGATION. You waive any rights your insurance Company may have to sue company or representatives for money paid by you or on your behalf. 

EXTENDED WARRANTY OPTION:. If you select and pay for extended warranty and are an active subscriber, your alert system will be covered for free repair or replacement limited to 1 replacement per year.

FALL DETECTION
Fall detection technology is designed to provide assistance but does not guarantee detection of all falls. Users must press the help button whenever assistance is needed, as fall detection may not activate in every situation. The device requires a significant impact onto a hard surface, such as concrete or tile, to trigger detection. For optimal performance, the medical alert must be worn as a pendant on the outside of clothing.By using the fall detection feature, the subscriber acknowledges and accepts that it may not detect every fall. The subscriber agrees to take full responsibility for relying on this feature and understands that pressing the help button remains the most reliable method to call for assistance.

MOBILE ALERT SYSTEM. If you have our mobile alert system, monitoring service will not begin and the company and central station will have no obligation to notify emergency personnel or other persons identified as emergency contacts until. 1. Company has received your emergency contacts 2 you have sent a test signal from the system which was successfully received by the central station, please note you must have adequate Cellular coverage for your device to work, in the area where system is being used, You are responsible for testing your mobile divide everywhere you go. Subscriber also understands their physical location will be used in connection with providing the service and that authorized caregivers may request your current location from time to time. You hereby agree that the Company and the central station may provide the responders and any other necessary third parties as determined by us the current location from time to time, You hereby agree that the Company and central station may provide the responders and any other necessary third parties, as determined by us and the central station in our reasonable discretion, what access to your physical location You hereby release the Company and central station of all liability which may arise out of disclosure of such information to responders and other necessary third parties.

TESTING OF THE SYSTEM. The parties hereto agree that the equipment is in the exclusive possession and control of the customer/subscriber and that is the customer's sole responsibility to test the operation of the equipment  and to notify the company in writing if any equipment is in need or repair or service. The company shall not be required to service the equipment unless it has received such written notice from the subscriber. The subscriber further acknowledges that the system may be dependent upon the proper functioning of a battery. If the battery needs service, the customer/subscriber must notify the company in writing. 

INDEMNIFICATION. If anyone other than you, including your insurance Company, asks Company or representatives to pay for any loss, damage, cost or expense (including property damage, personal injury or death) arising out of or from, in connection with, related to, as a consequence of, or resulting from any reason, including (1) the active or passive, sole, joint or several negligence of any kind or degree of Company or any of the representatives, (2) the improper operation of the system or the failure of the system to operate; (3) the breach of contract, or (4) any claims for subrogation, indemnification or contribution, you agree to pay (without any condition that company or representatives first pay) for all such loss, damage, cost and expense, including attorneys’ fees, which may be asserted against or incurred by Company or any of the representatives in connection with any and all such claims. 

Suspension of Monitoring Services Company may, without prior notice, suspend or terminate its services, in Company’s sole discretion, in the event of civil unrest, rioting or natural disaster which renders monitoring or first responder response impractical, or in event of Subscriber’s default in performance of this agreement or in event Monitoring Center facility or communication network is nonoperational or Subscriber’s medical alert system is sending excessive false alarms or runaway signals.

BILLING DISPUTES; BLOCKED PAYMENTS If the Customer disputes any charge, blocks a credit card, initiates a chargeback, or otherwise prevents payment of any amount due, the Customer must promptly contact the Company to arrange an alternative payment method acceptable to the Company. Failure to do so constitutes a material breach of this Agreement.Any dispute, chargeback, or payment reversal for a validly owed amount shall result in a non-refundable $99.00 dispute administration fee, which shall be added to the Customer’s account along with all outstanding balances. Disputing a charge does not relieve the Customer of the obligation to pay all amounts due.The Company may suspend or terminate Services until all amounts are paid in full. If unresolved, the account may be referred to collections or legal action, and the Customer agrees to pay all collection costs and reasonable attorneys’ fees, to the fullest extent permitted by law.

DISPUTE RESOLUTION; ARBITRATION; VENUE; WAIVERS Any dispute, claim, or controversy arising out of or relating to this Agreement, the System, the Services, billing, payments, or any related matter (a “Dispute”) shall first be addressed through good-faith informal discussions. If the Dispute is not resolved within thirty (30) days, it shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) and conducted on an individual basis only, and not as a class, collective, representative, or consolidated action.The arbitration shall take place in the State of Wyoming, and the parties expressly consent to personal jurisdiction and venue therein. To the fullest extent permitted by law, all class actions, class arbitrations, and representative actions are expressly waived, and each party waives any right to a trial by jury.Notwithstanding the foregoing, Company may seek injunctive or equitable relief in a court of competent jurisdiction in the State of Wyoming to protect its rights or enforce this Agreement.

CONSENT TO ELECTRONIC COMMUNICATION. The Monitoring Services require that we or the Monitoring Center communicate with you or the persons whose name and telephone number you provide. Such communication may take different forms, including a live telephone call, a pre-recorded telephone message using an auto-dialer, an SMS or other form of text message or some other form of electronic communications (collectively, “Communications Methods”). The Monitoring Center will communicate with you and other persons at the telephone number you provide, including any mobile phone number or residential landline number using one or more of the Communications Methods, in the Monitoring Center’s sole discretion. You must (a) inform each such person that the Monitoring Center will communicate with them at such numbers using one or more of the Communications Methods; and (b) obtain permission from such person that the Monitoring Center may (i) use one or more of the Communications Methods to communicate with them at such telephone numbers; and (ii) record such communications as set forth more fully in this Agreement. You also give Company and its contractors or representatives permission to use the telephone to communicate (via any of the Communications Methods set forth above) for all matters, including promotional and sales-related matters or collection matters from time-to-time. 








CONSENT TO COMMUNICATION
By entering into this agreement, the Customer consents to receive communications from 321 Alert and its authorized service providers via email, SMS, phone calls, social media platforms, mobile app push notifications, website push notifications, and any other communication channels. These communications may include, but are not limited to, updates about services, billing information, emergency notifications, promotions, and other relevant business matters. The Customer acknowledges and agrees that providing their contact information constitutes express consent under applicable laws in Canada and the United States, including but not limited to the Canadian Anti-Spam Legislation (CASL) and the Telephone Consumer Protection Act (TCPA) in the United States. The Customer also waives any claim, right, or action against 321 Alert or its service providers for communications made in accordance with this consent. The Customer may withdraw consent to receive communications by providing written notice, except where such communications are required for the performance of this agreement or by law.

Extended Warranty Conditions
Extended No-Hassle Warranty Insurance is available at a monthly charge per device. Coverage includes one (1) replacement device per 12-month period. Expedited shipping is included via USPS (typically 2–3 business days, depending on location). Coverage applies to lost, stolen, or physically damaged units. Additional replacements within the same 12-month period are subject to standard replacement fees.

SEVERABILITY. Should any provision hereof (or portion thereof), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing. 

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and understanding between the Subscriber and Company concerning the subject matter hereof and supersedes all prior discussions, agreements and representations, whether oral or written and whether or not executed. This Agreement and the respective rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the Commonwealth of British Columbia Canada, without regard to conflict of law provisions. In the event that it should become necessary for Company to institute legal proceedings to enforce any provision of this Agreement, the Subscriber agrees to pay Company reasonable attorneys’ fees and costs, except where prohibited by law.