Terms of Use – Vive Home AS

1. Introduction and Definitions

These Terms of Use apply to your visit to vivehome.no and your use of the ViveHome system, the ViveHome app, and related services (the “Service”). By visiting the website or using the Service, you confirm that you have read and accepted these terms. If you do not accept the terms, you must not use the Service.

The definitions below apply to these terms:

• Website – our website vivehome.no and all related web pages, including pre-launch pages, contact forms, purchase pages, and dashboards.
• Service – the ViveHome health monitoring system (wearable device(s), screen(s), software, dashboards, alerts, and related support).
• Main user – the person who wears the device and whose health data is monitored.
• Next of kin/caregiver – a person designated to receive alerts and access the main user’s dashboard data.
• User or you – any visitor to the Website or user of the Service (main user, next of kin, or healthcare professional, as applicable).

2. About ViveHome and Service Description

Vive Home AS (“ViveHome”, “we”, “us”) develops welfare technology solutions for health monitoring and everyday safety. ViveHome offers:

• A website for information, contact forms, orders and purchases (including secure payment), and where applicable account flows.
• A health monitoring system comprising wearable device(s) (e.g. ViveWatch), screen(s), and software that measure and display vital signs (e.g. heart rate, blood oxygen saturation, temperature, blood pressure where supported) and can trigger alerts to next of kin or caregivers.
• Web dashboards for main users, next of kin and where applicable healthcare professionals to view data, trends and alerts.
• Purchase and subscription: hardware and optional accessories are sold via the Website; a recurring subscription may be required to enable full device and platform functionality (e.g. alerts, support). Payment may be made by card, Klarna or Vipps as offered at checkout.
• Contact and support: contact forms, email and phone for inquiries and support.

We reserve the right to further develop, change or discontinue parts of the Service or Website with reasonable notice where practicable.

3. Eligibility and Accounts

You must be at least 18 years old (or of legal age in your jurisdiction) to create an account, place an order, or act as next of kin. If you use the Service on behalf of a main user (e.g. as a guardian or authorised representative), you represent that you have authority to do so.

You are responsible for keeping your login credentials confidential and for all activity under your account. You must notify us immediately of any unauthorised use.

4. Acceptable Use

You must use the Service in accordance with these terms and applicable law. You may not:

• gain unauthorised access to systems, user accounts or third-party data,
• disrupt or overload the Service, or attempt to overload our infrastructure,
• distribute malicious code or software,
• infringe the rights of others, or
• use the Service in a way that may endanger your own or others’ health or safety,
• resell, sublicense or commercially exploit the Service or content except as expressly permitted.

We may suspend or terminate access if we reasonably believe you have breached these terms or other acceptable use.

5. Orders, Payment and Subscription

Purchase and pre-order of the ViveWatch system is governed by our current terms of sale. When you place an order, you offer to purchase the selected products and/or subscription on the terms shown at checkout. We reserve the right to refuse or cancel orders (e.g. for pricing errors, fraud or stock limitations). Payment is due as stated.

We may use third-party providers for payment (e.g. Stripe, Klarna, Vipps). Your use of these methods is subject to their respective terms and privacy policies. We do not store your full card number; payment data is processed by the provider.

Subscription fees (e.g. monthly ViveHome subscription) renew until cancelled. You may cancel in accordance with the subscription presented at sign-up or in your account. Refunds for hardware or subscription are governed by our refund policy and applicable consumer law (e.g. the Consumer Purchases Act where relevant).

You are responsible for ensuring that the information you provide is correct.

6. Not Medical Advice; No Guarantee as Medical Device

The ViveHome system is intended to support monitoring and awareness of vital signs and to facilitate alerts to caregivers. It is not a substitute for professional medical advice, diagnosis or treatment. Always seek advice from a qualified healthcare professional with questions about a medical condition or emergency. Do not disregard professional medical advice or delay seeking it because of something you have seen or inferred from the ViveHome service.

If our devices are not certified as medical equipment in your jurisdiction, they are for general wellness and informational use only. We do not guarantee that the Service will detect every health event or that alerts will always be delivered in time.

7. Intellectual Property

The Website and Service, including text, graphics, logos, software and design, are owned by Vive Home AS or our licensors and are protected by copyright and other intellectual property rights. You may not copy, modify, distribute or create derivative works without our prior written consent, except for limited private use in accordance with these terms.

8. Availability and Changes

We strive for high uptime and stable operation of the Service, but cannot guarantee uninterrupted or error-free access. Content, functionality and technology may be changed, updated or further developed without notice.

9. Limitation of Liability

The Service is provided “as is”. ViveWatch is a supplementary welfare technology assistive device and is not medically approved equipment. The system is not intended for and cannot be used as a substitute for professional medical monitoring, direct observation by caregivers or healthcare professionals, or emergency services in acute situations. The system may fail to detect deviations or send alerts due to technical, network, software or other reasons, and ViveHome is not liable for missed alerts, erroneous notifications, or health conditions that occur without warnings. Call 113 in emergencies.

To the extent permitted under Norwegian law, ViveHome and its affiliates, directors, employees and agents shall not be liable for indirect, incidental, special, consequential or punitive damages (including loss of profit, data or goodwill) arising from your use of or inability to use the Website or Service, even if we have been informed of the possibility of such damage.

Our total liability for any claims arising from or related to these terms or the Service shall not exceed the amount you have paid us in the twelve (12) months before the claim, or, if no payment was made, one hundred euros (100 EUR) or equivalent in local currency.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or other liability that cannot be excluded or limited under applicable law.

10. Security and Responsibility for the ViveWatch Device

You are responsible for securing the ViveWatch device against loss, theft, misuse or unauthorised access. ViveHome is not liable for loss or damage to data if the device is lost, stolen or compromised through loss or unauthorised access. If the device is lost or stolen, you must notify us immediately at [email protected]. We will then deactivate the device and delete the personal data associated with it.

11. Indemnification

You agree to indemnify and hold harmless ViveHome and its affiliates, directors, employees and agents from and against any claims, damages, losses and expenses (including reasonable legal fees) arising from or related to your use of the Website or Service, your breach of these terms, or your breach of third-party rights or applicable law.

12. Termination

We may suspend or terminate your access to the Website or Service at any time for breach of these terms, for operational or legal reasons, or otherwise with reasonable notice where practicable. You may stop using the Service at any time; account closure may be requested via the contact details below. Provisions that by their nature should survive (including limitation of liability, indemnification and governing law) will survive termination.

13. Changes to the Terms

We may update these Terms of Use from time to time. The updated version will be published on the website with a new “Last updated” date. Continued use of the Service after such a change means you accept the updated terms, unless otherwise required by law. For significant changes, we may provide additional notice (e.g. via email or notice on the Website).

14. Governing Law and Disputes

These terms are governed by Norwegian law. Any disputes arising from or in connection with these terms or the Service shall be subject to Norwegian courts, except where mandatory consumer law in your country requires otherwise. In case of disagreement, we will first attempt to find an amicable solution. If the matter is not resolved amicably, the dispute may be brought before Norwegian courts. This does not affect your mandatory rights as a consumer.

15. General

If any provision of these terms is held to be invalid or unenforceable, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right. These terms constitute the entire agreement between you and ViveHome regarding the Website and Service and supersede any prior agreements or communications.

16. Contact