Emfit Care™ - Service Delivery and Terms of Use
Emfit Care Service Delivery Terms
Version 2024-1; Effective Date: December 18, 2024
These Terms apply when you order one or more Emfit Oy’s Emfit Care products (“Product/Products”).
When purchasing a single Product, you will be charged a one-time activation fee (“Activation Fee”). This fee includes one device to be installed in the bed along with its accessories. The use of one device requires the payment of a recurring monthly fee (“Monthly Fee”). The 4G version of the device includes the costs associated with transmitting data generated by the device via the mobile data network to Emfit Oy’s servers. The price always includes the use of the Emfit Care cloud service, i.e., data reception, processing, storage, as well as the use of browser and Android applications. If your choice was the WiFi version of the device, there must be a WiFi network at the location from which the device can access the Internet. The costs of this (WiFi network) are naturally not included in the monthly fee. Additionally, the price does not include the terminal devices or usage fees through which users view data or receive notifications generated by the Emfit Care service.
These terms are valid between you and Emfit Oy. Emfit Oy is a Finnish company with business ID 0813747-4 and its headquarters located at Konttisentie 8, 40800 Vaajakoski. (hereinafter collectively referred to as “Emfit”, “Emfit Care”, “we”, “us”, “our” or similar).
These Terms apply to orders placed through the website (https://emfit.care).
We reserve the right to amend these Terms at any time. The effective date of the amended Terms will be indicated above. The amended Terms apply to orders placed on or after the effective date.
BY ORDERING A PRODUCT, YOU ACCEPT THESE TERMS.
We accept orders from private individuals, companies, organizations, and other legal entities, as well as entrepreneurs.
To order Products as a private individual or entrepreneur, you must provide your name, address, phone number, and email address, and you must be at least 18 years old. To place an order for a legal entity, you must also provide the official name of the entity (company, organization) and its billing contact details.
Your order constitutes an offer to purchase the Products listed in your order under these Terms. All orders are subject to our separate approval. When placing an order, you will automatically receive a copy of your order from us. Please keep this for your records.
If we accept your order, we will send you an order confirmation and invoice via email. This will include your order number, details of the ordered Products, and the applicable Terms.
The contract is only formed once you have paid the invoice.
The price charged for the Product is the price valid at the time of the order, as stated in the order confirmation/invoice.
We reserve the right to change prices at any time without prior notice. The updated prices will only apply to new orders placed after the price change. If a recurring monthly fee is increased, we commit to notifying you at least three (3) months in advance. We reserve the right to lower prices without prior notice. You have the right to cancel your Product subscription (recurring monthly billing) at any time, with termination effective at the end of the current billing cycle. We do not refund paid subscriptions for the current billing period. If you cancel your recurring monthly billing, your subscription will end at the conclusion of the current billing cycle.
Prices include value-added tax (VAT) and other applicable taxes but do not include delivery or handling fees.
Delivery and handling charges, along with any applicable VAT or other taxes, will be specified during the order process and in the order confirmation/invoice.
If certain costs cannot be reasonably calculated before the contract is finalized, you will be informed of how the total price will be determined.
We deliver Products only within Finland, subject to the following delivery restrictions:
We do not deliver to:
- P.O. Box addresses
- Hotels, inns, or guesthouses
- Correctional facilities
- The Åland Islands
The delivery method and estimated delivery time will be confirmed in the order confirmation/invoice. The delivery time will not exceed 7 days from the order confirmation unless you have agreed to a later delivery date.
The invoice must be paid to the specified bank account. We do not accept credit card payments. If you delay the shipment’s delivery or receipt after we have notified you of a delivery attempt, or if you have provided us with an incorrect delivery address that prevents successful delivery, the shipment will be returned to us. The shipment will also be returned if it is not collected within 7 business days from the first delivery attempt. If the shipment is returned for any of the above reasons, we have the right to terminate the contract and refund the amount you have paid in accordance with Section 9.
We are not responsible for delays or failures in performance if such delays or failures are due to circumstances beyond our reasonable control, which we could not have reasonably foreseen at the time of the contract and whose consequences we could not have reasonably avoided or overcome.
We ask that you inspect the delivery package and the received Products within 14 days of receiving the shipment to ensure that the Products are in good condition and that the correct quantity has been delivered. If a Product is damaged or missing, please contact our customer service by phone at 020 778 0870 or by email at .
We do not guarantee the availability of Products. We will not issue an invoice if we are unable to fulfill your order.
Unless we have already accepted your order and issued an invoice, we reserve the right, without liability or prior notice, to modify, suspend, or discontinue the sale or availability of any Product.
Before placing an order, please ensure that the Products are suitable for your intended use. We recommend utilizing the product information available on our Website to verify compatibility or calling us for assistance. If the content of our Website differs from or contradicts information found on another website or any other source, the information presented on our Website at the time of ordering shall take precedence.
Payments can only be made to our bank account. Our customer service may contact you to verify details of your order, such as confirming the delivery address or the accuracy of the recipient’s information.
Product Warranty and Liability for Defects
We are responsible for product defects in accordance with Chapter 5 of the Finnish Consumer Protection Act.
Emfit Care Device Warranty
The Emfit Care device warranty is valid for two years (24 months) from the date of activation. The warranty covers structural, material, and manufacturing defects. However, it does not cover normal wear and tear or damages resulting from such wear.
The warranty does not cover damages caused by the user, including but not limited to:
- Malfunctions due to negligent handling
- External factors such as lightning strikes, water damage, or other environmental conditions
The warranty does not cover any indirect or consequential damages, such as personal injuries or loss of income.
Emfit Oy reserves the right to replace a defective product covered under warranty with an equivalent product at its discretion. The replacement of a product does not extend the original warranty period.
Warranty Claims and Contact Information
For warranty-related matters, the Customer must contact Emfit Oy:
Email:
Phone: +358 20 778 0870
If a product is sent for warranty repair or replacement, it must be carefully packed to prevent damage during transportation.
Product Replacements
We only replace products if they are defective or damaged. If you need to exchange your product for the same model, please email us first at before proceeding with the return.
THE WARRANTY DOES NOT LIMIT YOUR RIGHTS UNDER THE FINNISH CONSUMER PROTECTION ACT.
If you discover a defect in the product, please notify our customer service immediately:
Email:
Phone: +358 20 778 0870
This agreement also applies to any future services purchased by the Customer from the Service Provider without requiring a separate agreement.
The Privacy Policy available on the Service website governs the use of personal data.
The Website may only be used for legal purposes and in a lawful manner.
We are not responsible for any interruptions in the operation of the Website.
If any provision of these Terms is found to be partially or entirely invalid, illegal, or unenforceable, it shall be applied to the extent permitted by applicable law. The invalidity, illegality, or unenforceability of one provision does not affect the applicability of the remaining provisions.
THESE TERMS DO NOT AFFECT OR LIMIT YOUR STATUTORY RIGHTS, WHICH CANNOT BE ALTERED BY AGREEMENT.
These Terms, the Online Store, and any sales transactions shall be governed by Finnish law.
If a dispute cannot be resolved through negotiations, you may submit the matter to the Consumer Disputes Board (Kuluttajariitalautakunta) for resolution. Additionally, you have the right to bring legal action in the District Court, either in the seller’s domicile or in the district of your own residence.
Emfit Care™ Service Terms of Use
Publisher: Emfit Oy
Date: 18-12-2024
Revision: 1 ©
Copyright: Emfit Oy
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE EMFIT CARE SERVICE.
These terms govern the agreement between the Customer (“Customer”) and Emfit Oy (“Emfit”), Business ID 0813747–4, regarding the provision of the Emfit Care service. The Service refers to the services provided by Emfit to the Customer.
These terms form an inseparable part of the agreement. Any purchase, procurement, or other terms provided by the Customer shall not apply to the agreement, even if they are included as part of the Customer’s purchase order, any other document, or message submitted by the Customer.
The following terms have the meanings defined below:
Agreement refers to the contract formed upon payment for an order placed on the Emfit Care website, where the parties agree on the provision and acquisition of the Emfit Care service for the Customer.
Customer refers to an individual, entrepreneur, or legal entity (company or organization) that has placed an order for the Emfit Care service for their own use, for a relative, for business purposes, or on behalf of a company or organization they represent.
Relative refers to a family member or close relative of the Customer.
Customer Data refers to any data or content entered by the Customer on the Emfit Care website when placing an order or logging into the service, including but not limited to personal data.
(Note: Other than a valid email address and phone number, no additional personal data is required for using the Emfit Care service. When ordering through the Emfit Care website, the Customer (the purchaser) must provide their name, street address, email, and phone number.)
Documentation refers to user manuals and other written or electronic materials related to the Emfit Care service, provided by Emfit to the Customer or accessible through the Emfit Care service.
Device refers to the Emfit device designed by Emfit for use with the Emfit Care service.
Error refers to a repeatable issue that causes the Emfit Care service to function significantly differently from its service description. Emfit reserves the right to update the service description periodically.
Intellectual Property Rights refer to patents, inventions, trademarks, domain names, trade secrets, copyrights, database rights, and other intellectual property rights, whether registered or unregistered.
Emfit Care Service refers to software provided as a service via networks, including its updates, modifications, and new versions that Emfit may introduce during the term of the Agreement.
Service Hours refer to Finnish business hours, Monday to Friday from 9:00 AM to 5:00 PM (EET), excluding Finnish national holidays.
Customer Registry Data refers to customer data in its raw or processed form, and/or combined with other data, but in a way that does not allow the identification of an individual person or customer.
Support Service refers to customer support, as described in Section 13 of the Terms.
Update refers to a modification of the Emfit Care service, which may include security updates, bug fixes, and/or minor adjustments. In case of disagreement about whether a change qualifies as an update or a new version, Emfit’s decision is final.
New Version refers to a significant modification of the Emfit Care service, which introduces new features or major improvements to its functionality. A new version may also include security updates, bug fixes, and/or minor changes. In case of disagreement about whether a change qualifies as a new version or an update, Emfit’s decision is final.
When you (Customer) place an order by submitting the order form, you simultaneously express your acceptance of these Terms of Use. These Terms govern the use of all features and services available through the Emfit Care service.
The Terms of Use and the Service Agreement (order) you have entered into with Emfit together constitute the contract between the Customer and Emfit, defining the rights and obligations of both parties regarding the service.
Purchasing Products
To purchase Products as a private individual, you must:
- Provide your name, address, phone number, and email address
- Provide a delivery address, if different from the billing address
- Be at least 18 years old
To purchase Products for a company or organization, you must have the necessary authorization or position to make purchases on its behalf.
3.1 The Customer is granted a non-exclusive, non-transferable, and non-sublicensable right to use the Emfit Care service during the term of the Agreement for their own use, the use of a relative, or for their company or organization, in connection with the use of the device(s) as specified in this Agreement.
3.2 The Customer’s right to use the Emfit Care service is subject to the payment of the agreed service fee.
3.3 To use the service, the Customer must register and create an account using a personal email address and password. Emfit may verify the Customer’s email address before the service is activated.
3.4 The Customer guarantees that the email address provided during registration is valid and remains accessible. Emfit and its subcontractors have the right to store and process the Customer’s personal data in accordance with Emfit’s Privacy Policy.
3.5 The Customer agrees to provide truthful and complete information when registering for the service and to keep this information up to date. The Customer must ensure that their username and password are protected from unauthorized use and must immediately notify Emfit of any misuse.
3.6 The Customer is responsible for their actions and communications within the service and for any consequences arising from its use. The Customer agrees to use the service only for its intended purpose and for their own use.
3.7 The Customer agrees to comply with applicable laws and regulations, these Terms of Use, and any other guidelines issued by Emfit. If Emfit detects changes or additions that are incompatible with these Terms or applicable laws, it reserves the right to investigate and unilaterally decide whether to remove the Customer from the Emfit Care service.
3.8 The Customer may terminate their registration if they no longer wish to use the service. Upon termination, the Customer will no longer have access to the service.
3.9 Emfit may terminate the Customer’s registration or restrict access to certain parts of the service if Emfit has reasonable grounds to believe that the Customer has violated the Terms of Use or if Emfit needs to shut down the service entirely.
3.10 If Emfit deems it necessary to change the Terms of Use, and the Customer does not accept the revised terms within the specified time, Emfit has the right to terminate the service either immediately or at the end of the paid subscription period. If Emfit terminates the service immediately or before the end of a paid period, it is obligated to refund the unused portion of the service fee to the Customer.
3.11 Unless otherwise specified in this Agreement or in any additional agreements between the Customer and Emfit, the Customer may not:
- (i) Use the Emfit Care service or documentation to provide services to third parties,
- (ii) Transfer the Emfit Care service or documentation to third parties,
- (iii) Grant access to third parties,
- (iiii) Allow third parties to benefit from the Emfit Care service or documentation.
Relatives of the Customer are not considered third parties.
3.12 The Customer may not modify or alter the documentation or, even if technically possible, modify, disassemble, or attempt to reverse-engineer the software used to provide the Emfit Care service.
3.13 The Customer agrees not to remove or disable any copyright, trademark, or other proprietary notices from the Emfit Care service or documentation.
3.14 The Customer guarantees that Emfit and its subcontractors have the right to store and process the Customer’s data lawfully for the purposes of the Agreement.
3.15 During the term of the Agreement and thereafter, Emfit has a perpetual, irrevocable, transferable, sublicensable, and royalty-free right to store and use Customer Registry Data to develop the Emfit Care service and other business operations.
3.16 The Customer is responsible for obtaining and covering the costs of the necessary devices, data transmission services, hardware, software, and security services required to view the data generated by the Emfit Care service and receive notifications.
4.1 Emfit is responsible for providing the Customer with the necessary information required to use the Emfit Care service.
4.2 Emfit must inform the Customer of anticipated service interruptions as soon as possible before the interruption occurs. The notification may be made through any of the following methods: email, text message, phone call, or app notification. Emfit has the right to send fault notifications to the Customer’s registered email address, via text message, phone call, or app notification.
Emfit is not liable for any costs or issues resulting from temporary service interruptions but will make every effort to resolve any faults as soon as possible.
4.3 Emfit is responsible for damages caused by its own actions but is not liable for damages occurring outside its managed network. Emfit does not compensate for indirect or unforeseeable damages.
4.4 Emfit is not responsible for delays, deficiencies, or damages caused by force majeure events that are beyond its control and that could not have been reasonably anticipated at the time of contract formation.
Force majeure events include, but are not limited to:
- Natural disasters
- Electrical or network failures
- Internet, WiFi, public network, or telecommunications disruptions
- Security attacks
- Transportation disruptions
- Strikes and labor disputes
- Delays in customs clearance
- Difficulties in obtaining import/export permits or other government actions
Labor disputes are considered force majeure events, even if Emfit is directly affected or involved. Additionally, any force majeure event affecting Emfit’s subcontractors is considered a force majeure event for Emfit.
4.5 Emfit is not responsible for the content or functionality of third-party services that may be accessed through its platform.
4.6 Emfit reserves the right to modify the delivery method(s) of its services, provided that the Customer is notified at least one (1) week in advance via email to the contact details provided by the Customer.
Unless mandatory applicable law states otherwise, Emfit is not liable for:
(i) Indirect, incidental, special, or consequential damages, such as loss of profits, wasted work time, lost savings, punitive damages, or compensation paid to third parties.
(ii) Loss or alteration of data or any damages caused as a result, including costs related to restoring or transferring data.
4.8 Unless otherwise required by applicable law, Emfit’s total liability for all events occurring within a calendar month, including refunds, price reductions, and service level credits, shall not exceed the monthly service fee paid by the Customer for that calendar month.
4.9 Emfit may deliver written notices and other communications to the Customer via the Emfit Care service interface, mobile application, or other electronic format.
5.1 A private customer, who qualifies as a consumer under Finnish consumer protection law, has the right to cancel a paid subscription within fourteen (14) days from the date of purchase. The Customer may exercise this right by submitting a cancellation request using the return form provided by Emfit or by any other clear written notification.
5.2 The Customer does not have the right to cancel a paid subscription if the Emfit Care service or any of its features has been activated upon the Customer’s request before the end of the cancellation period. By accepting these terms, the Customer expressly requests that the Emfit Care service or its features be activated before the cancellation period expires.
6.1 Ownership rights, as well as all copyrights, trademarks, and other intellectual property rights related to the Emfit Care service, including documentation, support services, and other results of Emfit’s services, along with any copies, modifications, translations, changes, and derivatives, belong to and remain the property of Emfit or its contractual partners.
6.2 Emfit grants the Customer a non-exclusive, non-transferable license, which Emfit may revoke at any time at its sole discretion. This license strictly allows the Customer to use the service in accordance with the Terms of Use.
Using the service does not grant the Customer any intellectual property rights over the service itself.
7.1 Pricing
7.1.1 The Customer shall pay the one-time activation fee and the service usage fee according to the current price list. Emfit reserves the right to modify the service pricing and payment terms. Any changes will be communicated to the Customer at least three (3) months in advance. However, price changes beyond Emfit’s control (e.g., due to legal or regulatory reasons) will take effect immediately.
7.1.2 Emfit may introduce free or additional paid features, which the Customer may choose to include in their Emfit Care service. Any additional charges must be paid for the remaining contract period based on Emfit’s current pricing.
7.1.3 Emfit reserves the right to change the service fees and other prices by notifying the Customer at least three (3) months before the change takes effect. If the Customer’s service fee increases, they have the right to terminate the contract at the end of the current billing period.
7.1.4 At its discretion, Emfit may require a prepayment or deposit for the activation of the service or additional features offered later. The prepayment or deposit is non-interest-bearing. Emfit may offset any outstanding payments against the prepayment or deposit. However, Emfit is not obligated to refund prepaid service fees.
7.2 Billing
7.2.1 As an Emfit Care™ Customer, you agree that the agreed service fee will be charged on the first day of each month, or on another agreed due date.
7.2.2 The Customer is responsible for keeping their payment information up to date in the payment channel used in the Emfit Care online store. This includes ensuring that payment details, such as credit card validity, remain current.
7.2.3 Emfit reserves the right to check the Customer’s credit history.
7.2.4 Unless otherwise agreed, billing will proceed as follows:
a) Recurring fees (monthly, quarterly, or annual fees) will be billed in advance before the start of the billing period.
b) Additional support services and other agreed fees will be billed monthly after the billing period.
7.2.5 Service fees must be paid before the start of a new billing period. If payment is delayed, Emfit has the right to suspend service delivery and/or restrict the Customer’s access to the service. If Emfit chooses to continue the service despite late payment and the Customer has not terminated the service, Emfit has the right to charge late payment interest in accordance with the Finnish Interest Act. Emfit may also charge reminder fees for additional payment notices.
7.2.6 If Emfit suspends service delivery or restricts service access due to non-payment, Emfit has the right to charge a reactivation fee based on its standard pricing.
7.3 Support Services and Additional Costs
7.3.2 If the Customer requests an on-site support visit, Emfit may charge the Customer for travel expenses and daily allowances incurred for providing support services. Travel time will be billed according to Emfit’s hourly rate in the current price list.
8.1 The Agreement remains in effect indefinitely until either party terminates it by sending a termination notice via email to the other party.
8.2 Either party may immediately terminate the Agreement by providing written notice to the other party if the other party materially breaches the Agreement and fails to rectify the breach within thirty (30) days after receiving a written request to do so.
8.3 Emfit has the right to terminate the Agreement immediately if the Customer deliberately disrupts the Emfit Care™ service. This also includes using the service for illegal activities or in violation of these terms.
In such cases, the Customer will not be refunded any prepaid service fees.
9.1 Emfit reserves the right to modify the terms of the agreement at any time.
9.2 Emfit may make changes to the Emfit Care service and its documentation at any time.
9.3 Emfit may suspend the Emfit Care service or access to it for reasons such as:
a) Necessary maintenance, replacement, or servicing.
b) Interruptions in public networks, security risks, power supply issues, legal or regulatory requirements, suspected misuse of the Emfit Care service, violations of these terms, or any similar reason.
9.4 Emfit may transfer the agreement and all rights and obligations under the agreement and these terms to third parties. Emfit may also outsource its obligations, and in such cases, Emfit remains responsible for its subcontractors’ performance as if it were its own.
9.5 Any changes to these terms are not binding on Emfit unless a duly authorized Emfit representative has provided written consent in a signed document.
9.6 If any provision of these terms is deemed unlawful, the remaining provisions shall remain in effect. Any invalid provision shall be interpreted in a way that best fulfills its original intent within the limits of applicable law.
If the parties to the agreement have disputes regarding the contract, they will be resolved in court or through mediation.
This agreement also applies to any future services the Customer may purchase from the Service Provider without a separate agreement.
The use of personal data is governed by the privacy policy available on the service website.
13.1 Emfit provides support services to the Customer, provided that the Customer pays the service fee in accordance with the agreement terms.
13.2 Customers may report errors to Emfit’s customer service via email at or by calling customer service at +358 20 778 0870. Emfit’s support service operates on weekdays from 9:00 to 17:00.
13.3 Emfit’s support service is provided remotely. On-site support is only available upon written agreement between the parties and is subject to an additional fee according to Emfit’s price list.
13.4 Emfit will use commercially reasonable efforts to investigate and correct reported errors once sufficient information about the error has been provided by the Customer. Emfit performs investigation and correction during maintenance hours. However, Emfit does not guarantee that all errors can be fixed or that errors will be fixed within a specific timeframe. Emfit prioritizes error resolution based on severity and impact.
Support services do not cover error corrections, and Emfit is not responsible for errors that:
a) Result from incorrect use of the service.
b) Are caused by non-compliance with the agreement terms or user instructions.
c) Result from modifications or repairs made by someone other than Emfit.
d) Are caused by third-party software, products, services, configurations, content, or data.
e) Occur due to the Customer failing to install the latest Emfit software updates.
f) Arise from the use or connection of the Emfit Care service with any third-party products, accessories, software, or services.
g) Are caused by hacking, viruses, or other malware.
h) Result from internet failures or other network disruptions.
i) Are due to accidents, power fluctuations, environmental disruptions, fire or water damage, hardware failures, or missing components.
j) Are caused by factors beyond Emfit’s reasonable control.
13.6 For the avoidance of doubt, support services do not include consulting or other expert services, such as the creation of custom reports.
The Emfit Care™ service is designed to monitor the presence and absence of an elderly person living alone at home while in bed. It also collects, transmits, and stores heart rate and respiration data during bed occupancy to support well-being monitoring.
The manufacturer does not intend for these features to be used for diagnosing, monitoring, or studying physiological processes related to any disease, injury, or disability.
Therefore, the manufacturer considers that the product and server software are not subject to the European Union Medical Device Regulation (MDR).
14.1. EMFIT CARE DEVICE AND SERVICE ARE NOT A SAFETY OR MEDICAL DEVICE.
EMFIT CARE SERVICE MUST NOT BE USED TO PREVENT PERSONAL INJURY OR ANY OTHER HARM.
THE USE OF EMFIT CARE SERVICE DOES NOT DEFINE OR REMOVE THE CUSTOMER’S OR USER’S RESPONSIBILITY TO ACT IN A WAY THAT AVOIDS HARM OR DAMAGE.
EMFIT CARE SERVICE DOES NOT REPLACE THE NEED TO SUPERVISE INDIVIDUALS WHO REQUIRE MONITORING.
THE CUSTOMER IS RESPONSIBLE FOR ENSURING THAT THE PERSON WHOSE BED THE EMFIT CARE DEVICE IS INSTALLED ON GIVES CONSENT FOR ITS USE AND FOR SHARING THE DATA COLLECTED BY THE DEVICE WITH THE CUSTOMER.
14.2. WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW, EMFIT DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED) RELATING TO THE EMFIT CARE DEVICE, SERVICE, MAINTENANCE, AND DOCUMENTATION, UNLESS THEY SPECIFICALLY RELATE TO THE DEVICE’S INTENDED USE.
These Terms and the Agreement shall be interpreted in accordance with the laws of Finland, excluding its conflict of law principles and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Unless mandatory applicable law dictates otherwise, all disputes arising from or related to these Terms and the Agreement shall be subject to the exclusive jurisdiction of the competent Finnish district court.
Emfit also reserves the right to take legal action in courts located in the jurisdiction where the Customer has a domicile or residence.
If the private customer qualifies as a consumer under Finnish consumer law, they are informed of an alternative dispute resolution body:
Consumer Disputes Board (Kuluttajariitalautakunta), Finland
🔗 http://www.kuluttajariita.fi/fi/index.html