Terms of Use

2.1 Not a Medical Device

The CareCircle Services and SOS watch are NOT medical devices. They do not provide medical diagnosis, treatment, or professional medical monitoring. The Services are designed to assist with general caregiving and peace of mind only.

2.2 No Emergency Services (112 / 911)

The SOS button does NOT call emergency services (such as 112 in Europe or 911 in the US).

• The SOS button sends alerts to your private Care Circle (family/friends) only.
• Care Circle members are responsible for contacting emergency services if required.
• Vitu does not operate an emergency response call centre.

2.3 Technology Limitations

The Services rely on GPS, cellular networks, and battery life. You acknowledge that:

• Location tracking is not always precise (especially indoors or near tall buildings).
• Alerts may be delayed or fail due to poor internet/cellular connectivity.
• Batteries in wearable devices must be charged regularly to function.

You should never rely solely on CareCircle for the safety or life-support of the Wearer.

3.1 Primary Account Holder

The person who creates the account and manages the subscription. You represent and warrant that:

• You are at least 18 years of age and legally capable of entering into this agreement.
• If you are setting up the device for another adult (the "Wearer"), you have obtained their valid, voluntary consent or have the legal authority (e.g., power of attorney) to act on their behalf.
• You are responsible for paying subscription fees and managing the "Care Circle" members.

3.2 The Wearer

The person wearing the device.

• You confirm you have consented to share your location and health data with your Care Circle.
• You understand you can withdraw this consent at any time by using available app or account controls, asking the Primary Account Holder to remove you, or by ceasing to use the device.

3.3 Care Circle Members

Family or friends invited to view data. You agree to:

• Use the data only for the safety and care of the Wearer.
• Never use the data for stalking, harassment, or public sharing.
• Protect your login credentials to keep the Wearer’s data private.

4.1 Billing

Some features require a paid subscription. Fees are billed in advance on a recurring basis (monthly or annually).

• Direct: If you pay via our website, we use Shopify/Stripe.
• In-App: If you subscribe via Apple App Store or Google Play, their payment terms apply.

4.2 EU Right of Withdrawal (14 Days)

If you are a consumer in the EU/EEA or UK, you have the right to withdraw from your subscription contract within 14 days of the start date without giving any reason.

• To exercise this right: Contact support@vitu.health. We will refund the unused portion of your subscription.
• Note: If you purchased via Apple/Google, you must contact them directly for refunds.

4.3 Cancellation

You may cancel your subscription at any time.

• Effect: Your access continues until the end of the current billing period.
• No Refunds: Except for the 14-day EU right mentioned above, payments are non-refundable unless required by applicable local law.

6.1 Your Data Rights

You retain all rights to the personal data and activity data you generate. You grant Vitu a license to process this data solely to provide the Services and as described in our Privacy Policy.

6.2 Our IP

Vitu owns all rights to the App, the software, the firmware on the wearables, and the "CareCircle" brand.

7.1 For Users in the USA and Outside the EU

To the maximum extent permitted by law, Vitu and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. Vitu’s total liability for any claim shall not exceed the greater of (a) €50, or (b) the amount you paid us in the past 12 months.

7.2 For Users in the EU/EEA

Nothing in these Terms excludes or limits Vitu’s liability for:

• Death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation;
• Gross negligence or willful misconduct;
• Any other liability that cannot be excluded under applicable consumer protection laws.

Subject to the above, Vitu is not liable for failures caused by third parties (e.g., GPS satellite failure, Vodafone/telecom outages) or for your failure to charge or use the device correctly.

8.1 Governing Law

These Terms are governed by the laws of The Netherlands.

8.2 Local Consumer Rights

If you are a consumer residing in the EU, UK, or other jurisdictions with mandatory consumer protections, you may still benefit from the mandatory provisions of the law of your country of residence.

8.3 Dispute Resolution

In the event of a dispute, we encourage you to contact us first at support@vitu.health to find a resolution. If we cannot resolve it, disputes shall be submitted to the competent courts of Amsterdam, The Netherlands.