Terms of Service

By purchasing, activating, or using EverSafe Pro (the "Service"), you ("Subscriber") agree to be bound by these Terms of Service ("Terms"). Please read them carefully before completing your purchase. If you do not agree to these Terms, you may not use the Service.

These Terms apply to all persons who interact with the Service, including the account holder (the adult child, family member, or other person who purchases the subscription), primary users (the elderly or at-risk persons whose emergency information is stored), and family members who access the Service in any capacity.

EverSafe Pro is operated by Ian Leitch, trading as EverSafe Pro, based in New Zealand. Contact: hello@eversafe.pro.

EverSafe Pro provides the following to Subscribers:

• Physical ICE (In Case of Emergency) wallet cards and keyring tags, personalised with the primary user's medical and emergency contact information, produced and couriered to the Subscriber
• A QR code-linked emergency information page ("ICE Page") for each primary user, accessible by any internet-connected device without login or application installation
• A pre-configured Android tablet device for use in the home of the primary user, providing access to the family noticeboard, photo frame service, and related features
• An online account management portal ("Admin Portal") for the Subscriber to manage primary user information, family connections, and account settings
• Family connection services including a shared noticeboard, photo frame, and event calendar accessible to invited family members
• ScamWatch alerts designed to help protect primary users from scams and fraud targeting seniors

The Service does not include and is not a substitute for emergency services, medical care, professional medical advice, or personal care services. Subscribers should always contact emergency services (111, 999, 911, 000, or the applicable number in their country) in the event of a medical emergency.

EverSafe Pro is provided on an annual subscription basis. Your subscription begins on the date of purchase and renews automatically each year on the same date unless cancelled in accordance with these Terms.

EverSafe Pro commits to maintaining the ICE Page for each primary user for the full duration of the active subscription period. As long as your subscription is current, the ICE Page will remain publicly accessible.

Business continuity and no liability clause: EverSafe Pro is operated as a small business. In the event that EverSafe Pro ceases operations, we will make reasonable efforts to provide at least 30 days' notice and offer a pro-rata refund for any unused portion of a current subscription period. However, EverSafe Pro shall not be liable for any loss, harm, or consequence — including inability to access the ICE Page — arising from the cessation of business operations after the conclusion of any paid subscription period. Subscribers are encouraged to maintain physical copies of their loved one's medical information independently of this Service.

EverSafe Pro does not guarantee 100% uptime. Planned maintenance and unexpected outages may temporarily affect access to the ICE Page, Admin Portal, or other digital services. We will make reasonable efforts to restore service promptly and to notify Subscribers of planned downtime in advance.

As a Subscriber, you are solely responsible for:

• Ensuring that all medical, personal, and emergency information entered into the Service is accurate, complete, and kept up to date
• Reviewing and approving the accuracy of all information before authorising the production of ICE cards
• Obtaining the informed consent of each primary user (or their legal guardian or attorney) for the collection, storage, and public display of their emergency information
• Maintaining the security and confidentiality of your account login credentials
• Ensuring that the primary user's tablet remains connected to a functioning internet (WiFi) connection
• Promptly updating the Service when the primary user's medical information, medications, conditions, or emergency contacts change
• Informing relevant family members and emergency contacts that their details are stored within the Service

EverSafe Pro accepts no responsibility for harm arising from inaccurate, incomplete, or out-of-date information entered by the Subscriber or their authorised users.

EverSafe Pro provides the ability to record Do Not Resuscitate ("DNR") status and related advance care directive information on the ICE Page. This feature is provided as a convenience only.

EverSafe Pro does not provide legal or medical advice regarding DNR orders or advance care directives. The display of DNR information on an ICE Page does not constitute a legally binding DNR order and must not be relied upon as a substitute for a valid legal document in the applicable jurisdiction.

Subscribers who wish to record DNR status should ensure that a valid, signed DNR or advance care directive is held in a manner recognised under the law of their country and region. EverSafe Pro shall not be liable for any decision made by emergency responders on the basis of DNR information displayed on the ICE Page.

By enabling DNR status on a primary user's ICE Page, the Subscriber confirms that they have the legal authority to record this information and that a valid supporting document exists.

To the maximum extent permitted by applicable law, EverSafe Pro, its operator, and any associated persons shall not be liable for:

• Any death, injury, harm, or adverse outcome arising from a first responder's failure to access, read, or act upon information displayed on the ICE Page
• Any consequence of inaccurate, outdated, or incomplete information entered by the Subscriber or their authorised users
• Loss or unavailability of the Service due to internet outages, power failures, third-party service disruptions, or events beyond our reasonable control
• Any indirect, special, incidental, consequential, or punitive damages of any kind

EverSafe Pro's total liability to you for any claim shall not exceed the total amount paid for the Service in the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be excluded under applicable consumer protection law, including the Consumer Guarantees Act 1993 (New Zealand) or equivalent legislation.

ICE wallet cards and keyring tags are produced to the specifications approved by the Subscriber during the setup process. The Subscriber is responsible for reviewing and confirming the accuracy of all information before authorising production. Once production has been authorised and cards have been dispatched, EverSafe Pro is not obligated to reprint cards due to Subscriber error.

Replacement cards may be ordered at any time for the published replacement fee, which includes courier delivery. Current pricing is displayed on the EverSafe Pro website.

Physical products are couriered to the delivery address provided at purchase. EverSafe Pro is not responsible for delays caused by courier services, incorrect addresses provided by the Subscriber, or customs and import processes. Delivery timeframes are estimates only.

Cards are produced using durable PVC card stock and are designed to be carried in a wallet or on a keyring. EverSafe Pro does not warrant that cards will remain legible indefinitely and recommends replacement when cards show signs of wear.

The tablet device included in the EverSafe Pro subscription is provided as part of the Service. The tablet remains the property of EverSafe Pro for the duration of the subscription unless otherwise agreed in writing.

The tablet is pre-configured to run the EverSafe Pro application in a dedicated display mode. The Subscriber must not modify, reset, root, or reconfigure the tablet in a manner that disrupts the EverSafe Pro application. Any unauthorised modification that renders the tablet unusable for its intended purpose may result in a replacement charge.

The tablet requires a WiFi internet connection to function. EverSafe Pro is not responsible for the Subscriber's internet connection, router, or home network configuration.

In the event of cancellation or account closure, EverSafe Pro may request the return of the tablet device. Return shipping instructions will be provided. EverSafe Pro reserves the right to charge a non-return fee where a tablet is not returned within a reasonable period following account closure.

Subscription fees are charged annually in advance. Pricing is displayed on the EverSafe Pro website at the time of purchase. EverSafe Pro uses nominal price equivalence — the same number appears in each supported local currency.

Payment is processed by Stripe. EverSafe Pro does not store payment card numbers or sensitive card data.

Cancellation within 14 days (cooling-off period): If you cancel within 14 days of initial purchase and physical cards have not yet been dispatched, you are entitled to a full refund.

After card dispatch: Once physical cards have been dispatched, up to 50% of the annual fee (representing card production and shipping costs) is non-refundable. A proportional refund of the remaining subscription period may be provided at EverSafe Pro's discretion.

Renewal refunds: Renewal fees are non-refundable once the renewed subscription period has commenced, except where required by applicable consumer protection law.

Subscriptions renew automatically. EverSafe Pro will notify you by email prior to renewal. To prevent renewal, cancellation must be received at least 14 days before the renewal date.

You may cancel your subscription at any time by emailing hello@eversafe.pro. Requests received less than 14 days before a renewal date may not prevent that renewal from being processed.

EverSafe Pro reserves the right to suspend or terminate your account immediately without notice if you breach these Terms, engage in fraudulent activity, or use the Service in a manner that may cause harm.

Following account closure, your account data — including primary user medical information, family connections, and noticeboard content — will be retained for 90 days and then permanently deleted. Billing records and consent logs will be retained for 7 years as required by applicable law.

The ICE Page will become inaccessible upon subscription lapse or account closure. EverSafe Pro recommends that Subscribers maintain independent records of their loved one's medical information.

These Terms are governed by and construed in accordance with the laws of New Zealand. Any dispute arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.

This does not affect your rights under applicable consumer protection legislation in your own jurisdiction, including the Consumer Guarantees Act 1993 (New Zealand), Australian Consumer Law, the Consumer Rights Act 2015 (United Kingdom), or equivalent laws in Ireland, the United States, or Canada.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remainder of the Terms. The remaining provisions shall continue in full force and effect.

These Terms, together with the Privacy Policy and any additional terms communicated at the time of purchase, constitute the entire agreement between you and EverSafe Pro regarding the Service and supersede all prior representations, agreements, or understandings, whether oral or written.

EverSafe Pro may update these Terms from time to time. Material changes will be communicated by email at least 30 days before they take effect. Continued use of the Service after the effective date of updated Terms constitutes acceptance of those Terms.

For questions about these Terms, please contact us at hello@eversafe.pro. We aim to respond to all enquiries within one business day.