AURAGUARD (PILOT PROGRAM) TERMS AND CONDITIONS
1. Abbreviations and Definitions
1.1 The Company: AuraGuard OÜ, which develops and manages the AuraGuard Devices and services.
1.2 E-mail: Electronic mail. Notifications are sent to the e-mail address provided by the User for participation in the Pilot Program.
1.3 Beta: The development phase version of the Device used in the Pilot Program.
1.4 Pilot Program: The limited-time testing period for the AuraGuard Device.
1.5 As-is: The Device is provided to the User in its current state, without additional warranties.
1.6 As-available: The Device and service are available according to their existing technical status and conditions.
1.7 The Device: The home monitoring device being developed by AuraGuard OÜ, which analyzes User activity data and sends notifications to the User based on business logic.
1.8 The User: The users of the Device; the person in whose home or other location the Device is installed, and the person who receives notifications from the Device.
1.9 Terms and Conditions: This document, which regulates participation in the Pilot Program, the use of the Device, and the rights and obligations of the User and the Company.
1.10 The Agreement: The contractual relationship between the User and the Company, which arises upon the User's acceptance of these Terms and Conditions.
1.11 User Manual (Operating Instructions): A document prepared by the Equipment Company containing information on the correct, safe, and intended use, installation, maintenance, and troubleshooting of the device/equipment.
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2. Acceptance of the Terms and Conditions
2.1 By ordering or using the Device, the User confirms that they have read these Terms and Conditions and agree to them in full. Acceptance is deemed effective from the moment the User submits the order or application for participation in the Pilot Program.
2.2 If the User does not agree to these Terms and Conditions, in part or in full, they do not have the right to use the Device or join the Pilot Program.
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3. Pilot Program and Device Status
3.1 The Device is in the development phase, and the device offered under the Pilot Program is a beta version.
3.2 The Device is continuously being developed, and the Company has the right to offer the User an exchange of the Device for a newer version. The notification and consent of the User will take place via e-mail. The User is not obligated to agree to the exchange for a newer version.
3.3 The User acknowledges that the beta version may contain errors, limitations, or unexpected behaviour. The User undertakes to immediately inform the Company via e-mail of any significant errors or deficiencies in the operation of the Device.
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4. Duration and Pricing of the Pilot Program
4.1 The end date of the Pilot Program is 30.11.2026. Each User's Pilot Program will last for a maximum of 12 months from the date of receiving the Device, but no later than 30.11.2026.
4.2 The first 3 months of using the Device are free of charge for the User.
4.3 For the subsequent 9 months, the use of the Device is available for a price of 10 € per month.
4.4 The Company will submit an invoice for the chargeable period monthly via e-mail. The payment deadline is 14 days.
4.5 In case of a payment delay of more than 30 days, the Company has the right to suspend the provision of the service and remove the User from the Pilot Program, demanding the immediate return of the Device. Before terminating the Pilot Program, the Company will send the User an additional warning via e-mail, granting a short further period for remedy.
4.6 The User may withdraw from the Pilot Program at any time by notifying the Company via e-mail and returning the Device to the Company.
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5. Use and Return of the Device
5.1 The Device is provided to the User for use during the Pilot Program period.
5.2 The Device must be returned no later than the end of the Pilot Program or if the User decides to withdraw from the program.
5.3 The User is responsible for the correct installation and use of the Device in accordance with the Company's instructions.
5.4 The return of the Device must take place within 14 days after the end of the Pilot Program or the submission of the withdrawal notice. Return costs shall be covered by the User, unless otherwise agreed in writing. The Device must be returned in a condition consistent with normal wear and tear.
5.5 The User is responsible for damage or loss of the Device that is not due to normal wear and tear, and is obliged to compensate the Company for the cost of the Device (€300) or the repair costs.
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6. Limitation of Liability
6.1 The Company does not guarantee that in the event of health issues or accidents, the Device will detect an unusual or dangerous event or situation or notify the User.
6.2 The operation of the Device is based on probability and limited data; the Company does not guarantee that the Device will identify an accident or health issue.
6.3 The operational efficiency of the Device also depends on the installation location, environment, and the User's correct actions in compliance with the User Manual when operating the Device.
6.4 The Device is offered on an As-is and As-available basis, without any additional warranties.
6.5 The Company shall under no circumstances be liable for accidents, health issues, or other consequences that may arise for the User in connection with the use, non-use, or malfunction of the Device.
6.6 The Company is not liable for indirect, incidental, or special damage resulting from the use or inability to use the Device.
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7. Intellectual Property and Rights
7.1 The Device and all related software solutions, technical solutions, and trademark-related elements belong to the Company, including all copyrights and property rights.
7.2 The User does not have the right to copy, modify, distribute, or use the Device for commercial purposes.
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8. Data Processing and Privacy
8.1 The Device primarily collects non-personal data on the User's activity and inactivity. This enables the Device to function normally and the Company's development team to improve the Device's operation.
8.2 The Device does not store or process other data; no photos or videos are stored or transmitted.
8.3 The Device transmits alert messages to the User via e-mail.
8.4 The Company (data controller) processes the e-mail address (personal data) provided by the User for the purpose of providing the service (sending notifications and messages) and for the performance of the Agreement.
8.5 The collected data is used exclusively for the normal operation of the Device, the development of the Device, the analysis of the Pilot Program, and the improvement of the service.
8.6 The Company undertakes to comply with all applicable data protection laws (including GDPR) and ensure the secure processing of data. If authorized processors (e.g., cloud service providers) are used for data processing, the Company will enter into the appropriate data processing agreements with them.
8.7 Collected data will be retained for 12 months after the end of the Pilot Program, unless laws require longer retention.
8.8 Data Subject Rights: The User has the right to exercise all rights arising from data protection legislation at any time, including: the right to access data collected about them, the right to demand the rectification of inaccurate data, the right to the erasure of their data (the right to be forgotten), and the right to restrict processing. To exercise these rights, a written request must be submitted to the Company's e-mail address. The Company will respond to requests within the time limit stipulated by law.
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9. Withdrawal and Termination
9.1 The User may withdraw from the Pilot Program at any time by notifying the Company via e-mail and returning the Device.
9.2 The Company may terminate the User's participation if the use of the Device is unsafe, unlawful, or if the User violates the Terms and Conditions.
9.3 The Company also has the right to terminate participation if the User fails to pay for the chargeable period within 30 days (see 4.5).
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10. Miscellaneous Provisions
10.1 The Company may update the Terms and Conditions at any time. In the event of material changes, the User will be notified via e-mail.
10.2 The Company reserves the right to change the terms, prices, and period of the Pilot Program, notifying the User within a reasonable time.
10.3 In the event that the changes to the Terms and Conditions, the terms of the Pilot Program, or the price are unacceptable to the User, the User has the right to withdraw from the Pilot Program and return the Device to the Company within 30 days of notification of the changes, without incurring any additional obligations, except for the return of the Device.
10.4 All disputes shall be settled in accordance with the laws of the Republic of Estonia.