PART I. – GENERAL TERMS
I. DEFINITIONS
Application means the web application developed by SILVER technologies d.o.o., Avenija Dubrovnik 15, 10000 Zagreb, VAT: 72359638540, info@silvermonitor.care (“SILVER MONITOR”), consisting of a graphical interface accessible from your smartphone and computer, through which you interact with various functionalities provided by the application, enabling you to record, store, access, and use your data generated through the use of products and services designed by SILVER MONITOR https://silvermonitor.care/.
Website means the website available at: https://silvermonitor.care/
User means a Consumer, i.e., any person who has a User account.
Authorized User is a legal entity, such as a nursing home or a legal entity providing healthcare services, that has contracted services with SILVER MONITOR, offering them to its users within its services.
Consumer means any natural person acting for purposes outside of his trade, business, craft, profession, or agriculture.
User account means the personal account of the User enabling them to log into the Application in an authenticated and secure manner.
Product refers to all related SILVER MONITOR hardware devices.
Service means all digital content available on the website https://silvermonitor.care/ using the user account. The services consist of:
• Creating a user account for the User;
• Providing graphical representation of data obtained through the use of Products, via the SILVER MONITOR application;
• Providing information to Users about SILVER MONITOR activities, promotions, special offers, and new features regarding SILVER MONITOR Products and Services.
Contract means any contract concluded between SILVER MONITOR and You/Consumer or Authorized User based on an order confirmed by SILVER MONITOR, after opening a User profile for Authorized User users and payment made for SILVER MONITOR’s Products and Services. Contract with Authorized User means any contract concluded with a legal entity, such as a nursing home or a legal entity providing healthcare services, intending to use the system – Application and device including but not limited to a smartwatch (“Device”), for its Users and provide services within its services to Users, against payment of the agreed price to SILVER MONITOR.
Distance contract means a contract concluded between SILVER MONITOR as the seller and the User within an organized system of sales or provision of services without simultaneous physical presence of SILVER MONITOR and the Consumer at one place, whereby until the moment of conclusion of the contract and for the conclusion of the contract, only one or more means of distance communication are used.
Sales contract means a contract whereby SILVER MONITOR as the seller transfers or undertakes to transfer to the User or Authorized User the ownership of goods, and the User pays or undertakes to pay SILVER MONITOR the price, including any contract that simultaneously involves goods and services.
Contract concluded outside of business premises is a contract between SILVER MONITOR as the seller and the User: (i) which is concluded with simultaneous physical presence of SILVER MONITOR and the User at a location that does not represent the business premises of SILVER MONITOR, even if the User made an offer, (ii) which is concluded at the business premises of SILVER MONITOR or through means of distance communication immediately after SILVER MONITOR accessed the User personally and individually at a location that is not its business premises, and where SILVER MONITOR and the User were simultaneously physically present.
All the terms mentioned above have a neutral gender meaning. Terms that include the singular form also include the plural (and vice versa).
In consumer contracts, in case of discrepancy between the definition used in these Terms and the legal definition of a particular term, the definition that is more favorable to the User shall apply. All terms in these Terms that are not explicitly defined shall apply in full accordance with the legal definition of each term from the Consumer Protection Act (“CPA”).
None of the provisions of these General Terms shall be interpreted in a way that would diminish and/or limit the rights of the consumer granted by applicable regulations.
In accordance with general regulations, the User must be a fully legal and fully capable individual or legal entity. Contracts on behalf and for the account of minors or fully/partially legally incompetent persons can be concluded by their legal representatives. The Seller bears no responsibility for any actions contrary to this provision.
These General Terms are drafted in accordance with the CPA, the Electronic Commerce Act, the Obligations Act, and the Trade Act.
SILVER MONITOR disclaims any liability for any disputes that may arise due to the user’s failure to read and/or understand these General Terms.
II. APPLICATION OF GENERAL TERMS
2.1. Contract. These General Terms between you (hereinafter referred to as “User”, “You”, “Consumer”) and SILVER MONITOR, SILVER technologies d.o.o., Avenija Dubrovnik 15, 10000 Zagreb, OIB: 72359638540, info@silvermonitor.care (hereinafter referred to as “SILVER MONITOR” or “We” or “Seller”).
2.2. Contents. SILVER MONITOR’s General Terms include: • These General Terms (Part 1) • General Sales Terms (Part 2) • General Terms of Use (Part 3) Products and Services are used in accordance with the Rules of Use and these General Terms.
2.3. Purpose. The purpose of the General Terms is to establish the terms of sale and use of Products and Services. The General Terms contain important information about Your rights and obligations.
2.4. Confirmation of Acknowledgment of General Terms.
a. Sale. By this, you confirm and warrant (i) that you have received and read these General Terms, (ii) that you will use the related health Products and Services provided by SILVER MONITOR only for personal and non-commercial use, (iii) that you are of legal age or authorized under the laws of your country of residence to contract with us; (iv) that ordering on the Website shall be construed as unconditional acceptance of these General Terms, which you will have access to before paying for Your order and which you have read and accepted; and (v) that you are fully informed that ordering on the Website implies Your obligation to pay for the ordered Products and Services.
b. Use. The use of Products and Services requires Your prior unconditional acceptance of these General Terms. You expressly accept the General Terms by checking the box provided for this purpose when creating Your User account. At any time, you can access the current General Terms available on our Website.
2.5. Duration. These General Terms remain in effect after their adoption, for the entire period during which the Products and Services are used. They apply to any modification of the Products and Services, any new version, Service, or functionality of our Products and Services, regardless of how they are accessed.
2.6. Amendments. We may amend the General Terms, especially to adapt to changes in legal regulations, as well as the development of Products and Services. In that case, we will notify You as soon as possible on the homepage of the Website and/or the ‘my account’ tab of the mobile application or via email. Any new use of Products and Services after notification and publication of a new version of the General Terms constitutes acceptance of such new General Terms.
III. COMMUNICATION
3.1. When You Write to Us. If You have any questions or inquiries regarding the Application, Products, and/or Services and any related notices, please send us a message via the Contact form on our Website. We will get back to You as soon as possible.
3.2. When We Write to You. By using the Services, You agree that most of our communication will be exchanged electronically, and we will provide You with notices by posting them in the Application or sending emails, and in exceptional situations, we may also call You on the contact phone number. It is Your responsibility to regularly check Your emails so that we can contact You at any time. Notices are deemed to have been sent on the day of their publication on our Website.
3.3. Evidence. All our communication conducted through the Application or sent via email, as recorded in SILVER MONITOR’s systems and stored on media storage, in accordance with applicable standards, shall be deemed reliable, and the parties will consider them authentic until proven otherwise.
3.4. SILVER MONITOR DOES NOT PROVIDE MEDICAL DIAGNOSES, DETERMINE THERAPIES, NOR ISSUE ANY FORMS OF PRESCRIPTIONS. ALL DATA PROVIDED ON THE SILVER MONITOR WEBSITE OR RELATED TO ANY FORMS OF COMMUNICATION SUPPORTED BY SILVER MONITOR IS INTENDED SOLELY FOR GENERAL INFORMATION PURPOSES AND DOES NOT INTEND IN ANY WAY TO ESTABLISH A DOCTOR-PATIENT RELATIONSHIP AS DEFINED BY STATE LAW. SILVER MONITOR IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR THERAPY. RELYING ON ANY INFORMATION PROVIDED BY SILVER MONITOR MEANS THAT YOU ARE ASSUMING THE SOLE RISK OF RELIANCE ON IT.
PART 2. GENERAL TERMS OF SALE
I. PRODUCT AND SERVICE OFFER
1.1. Description. Each product and service on the SILVER MONITOR website has a description. Only our published materials contain approved descriptions, specifications, features, and prices. You are responsible for verifying that these products and services meet your needs.
1.2. Offer. Sales offers on the SILVER MONITOR website are valid while stocks last or until their expiration date. Before finalizing your order, you can apply one discount code or gift card code. Multiple codes cannot be combined. The final price reflects all applicable discounts.
II. SUBSCRIPTION OFFER
2.1. Services Delivered via Subscription. Your subscription to SILVER MONITOR begins (i) on the day you install your product if you receive a free trial period as part of the device purchase, or (ii) on the day you purchase the subscription regardless of the free trial period. This subscription commits you to an initial contractual period of fixed duration unless otherwise stated, and that period is specified in the order form.
2.2. Right to Free Trial Period. SILVER MONITOR exclusively determines the criteria for eligibility for a free trial period for the SILVER MONITOR subscription. Individuals who have not subscribed to the SILVER MONITOR service in the last twelve (12) months are eligible for a free trial period.
2.3. Billing Cycle. Subscription fees for SILVER MONITOR are charged on a specified date, as indicated at https://silvermonitor.care/. If you had a free trial, billing starts after it ends. Billing is monthly or annual based on your chosen plan. Payment dates may vary if there are issues with payment processing, changes in billing cycle, or non-standard start dates. SILVER MONITOR will automatically charge your payment method, potentially incurring fees or local taxes. For details, contact your payment provider.
2.4. Updating Your Payment Method. You can change your payment method by visiting the subscription management website available at: https://silvermonitor.care/. After any update, you authorize us to charge such new payment method.
2.5. Termination. You are free to terminate your subscription to SILVER MONITOR at any time. You will have access to the service until the end of the paid billing period. Already made payments cannot be refunded unless information about automatic renewal, as stated above, has not been sent to you. In that case, you can cancel the subscription free of charge at any time from the renewal date. Payments made after the last renewal date or, in the case of indefinite subscriptions, after the date of conversion from the initial fixed-term subscription, in this case, are refunded within thirty (30) days from the termination date, minus amounts corresponding to, up to that date, the execution of subscription services. In the absence of a refund within thirty (30) days, the amounts will accrue interest at the statutory rate. To cancel the subscription, visit the subscription management website available at https://silvermonitor.care/ and follow the cancellation instructions. The decision to cancel the subscription results in the termination of the SILVER MONITOR service, as well as all associated features from the subscription end date. Your devices and all their features will continue to function normally. We will notify you by sending an annual email about the terms of cancellation of your subscription.
III. PRICES
3.1. Prices of Products and Services. Prices do not always include delivery and shipping costs and do not include the costs of commercial warranties offered for some of our Products. They are stated before order confirmation and will be invoiced in addition to the price of the ordered product.
3.2. Taxes Included. The prices listed on our website are for the territory of the Republic of Croatia and include taxes and represent final consumer prices for the territory of the Republic of Croatia.
3.3. Currency. Prices displayed on the website may be offered to you in a currency that does not match the currency of your country. We do not accept currency exchange fees. You should inform yourself about fees and applicable exchange rates when placing an order, especially regarding the payment method you want to use, which we offer.
3.4. Price Changes. The prices we show you are subject to change at any time. Only the price displayed on the summary page when placing the order will be valid.
IV. CUSTOMER IDENTIFICATION
4.1. Order Information. Your Information. To place an order, you must provide us with accurate and up-to-date information. This information enables us to fulfill and deliver the order. If you provide us with incorrect information, it releases us from liability for non-performance of the contract caused by it.
V. ORDERS
5.1. Delivery Methods. If we offer you various delivery methods, you are responsible for selecting the one that will be charged to you at the displayed price. The selected delivery method applies to all Products in your cart, with the price stated for all Products. If you want the products to be delivered by different methods, you must place multiple orders. Discount vouchers and gift cards do not apply to delivery costs.
5.2. Delivery Cost. To calculate the price of your order, the delivery cost will be added to your cart, and the total will show the price you will pay. Please note that this price does not include customs duties and any taxes you may have to pay under the legislation to which you are subject.
5.3. Payment Method Selection. We will offer you several payment method options. After selecting the payment method, you will be asked to fill out a form to identify the payment method you wish to use.
5.4. Summary. To complete your order, we will provide you with a summary of information about your order, allowing you to review the order details. Therefore, before clicking the button to complete the order and confirming your consent, you will be able to modify the billing address, delivery address, preferred delivery method, and your selection of items in the cart.
5.5. Order Completion. You accept that placing an order implies an obligation to pay. Failure to pay prevents the establishment of the Contract. SILVER MONITOR will send you an email confirming the receipt of the order, its acceptance by SILVER MONITOR, your acceptance of the General Terms and Conditions, and the payment of the order, using the email address you provided when placing the order.
VI. PAYMENT
6.1. Payment Methods. We accept various payment methods, including credit/debit cards, PayPal, Google Pay, Apple Pay, bank transfer, and cash on delivery. Additional options may be available. Card payments are processed through a Payment Gateway, so we do not access card details.
6.2. Legality of Transactions. Payments are processed by third-party platforms. We verify orders to prevent fraud and may cancel them if detected, notifying you via email. If your order is canceled in error, please contact customer support.
6.3. Unsettled Amounts. All unpaid amounts remain fully owed to SILVER MONITOR. In the event of non-payment, SILVER MONITOR reserves the right to suspend access to the Service until a valid means of payment is provided. As the amounts will continue to be invoiced according to the billing cycle without delaying other payment due dates.
VII. PRODUCT DELIVERY
7.1. Delivery Terms. In the absence of instructions indicating a different delivery date, we undertake to deliver the Products within thirty (30) calendar days from the conclusion of the Contract and payment of the order. Delivery is made by transferring physical possession and/or control of the product. Products will be deemed delivered when (i) the product delivery is made to the address you provided; or (ii) the Product is activated in connection with the User Account. Any risk of loss or damage to the products passes to you when you physically receive the Products.
7.2. Confirmation of Receipt. You must be present at the address you provided during the working hours of the delivery agents indicated by SILVER MONITOR or the carrier, and you must receive the products for checking the delivered Products and immediately inform SILVER MONITOR, via email, of any issues with the delivered items. Any complaint relating to an error or irregularity in delivery must be filed as soon as possible.
7.3. Redelivery. In the event of the return of an order if delivery was not possible, and this is not our fault or the fault of the company we engaged to perform the delivery, we may, without prejudice to other rights you have as a Consumer, request from you the costs necessary for redelivery.
7.4. Delay in Delivery. You may terminate the Contract if we do not deliver the products within thirty (30) calendar days of receiving the order confirmation email and payment of your order, unless we have indicated a period longer than thirty (30) days in your order. However, before terminating the Contract, you must ask us to complete the delivery within a reasonable additional period. Termination can only occur if we fail to deliver within that time. Your termination of the Contract must be made by registered letter with acknowledgment of receipt or writing on another durable medium. The Contract will be considered terminated when we receive the letter or other written notice informing us of such termination, unless your order has been delivered in the meantime. However, you may terminate the Contract immediately if we fail to meet the specified deadlines and if compliance with the relevant deadline is a material condition for you.
7.5. Refund. If the Contract is terminated in accordance with the terms set forth above, we will refund you all funds you have paid, no later than fourteen (14) days after the date of termination of the Contract.
VIII. RIGHT OF WITHDRAWAL
8.1. Right of unilateral contract termination. The consumer may unilaterally terminate this contract, without stating a reason, within 7 days from the date of conclusion of the contract or upon its receipt. The right of unilateral contract termination begins from the date of delivery, i.e., from the date of personal receipt of the shipment.
8.2. Form for unilateral contract termination. To exercise the right of withdrawal, the consumer must provide the trader with written notice stating that they are terminating the contract (APPENDIX 2: Form for unilateral contract termination with these General Terms and Conditions). The notice must be in writing and contain the information specified below and may be delivered as a letter sent by post or by email.
8.3. If the consumer exercises their right of withdrawal, they will not bear any costs incurred in this regard except for the direct costs of returning the Product.
8.4. We may only refund the amount once the Product has been returned to us or once you provide us with proof that you have sent the Product back.
8.5. We will provide you with confirmation of receipt of the notice of unilateral termination of the Sales Contract without delay, by email or mail. The right of unilateral contract termination is excluded in cases specified in Article 86 of the Consumer Protection Act, as further defined below (restriction of the right of unilateral termination).
8.6. Instructions for unilateral contract termination A sales contract with the Consumer concluded outside the business premises of the Company may be unilaterally terminated by the consumer within 7 days from the date the product is handed over to the Consumer, without giving a reason. In order to exercise the right of unilateral termination of this Contract, you must notify us of your decision to unilaterally terminate the contract within the specified period (and in any case before the expiry of that period), by sending an unequivocal statement by mail or email, in which you must state your full name, address, and signature (if sending your statement by mail) or email address (if sending your statement by email, using the email address you provided when opening your User Account), and you can also use the attached example form for unilateral termination of the contract provided below in these General Terms and Conditions. The deadline for unilateral termination is 7 days from the date on which the Product subject to the Sales Contract was delivered to you or to a third party designated by you, other than the carrier.
8.7. Refund of the amount paid
We may only refund the money after the Product has been returned, unopened and in its original packaging, or once you provide proof that you have sent the goods back to us and upon receipt of the unopened goods in their original packaging.
8.8. Product return
Return or deliver the Product to us at the address: SILVER technologies d.o.o. 10 000 Zagreb, Avenija Dubrovnik 15 without undue delay and in any case no later than 7 days from the date you notified us of your decision to unilaterally terminate the Contract. If you fail to return the Product within the specified period, we will consider that you have waived your right to unilaterally terminate the Sales Contract. It is considered that you have fulfilled your obligation to return the Product on time if you send or deliver the Product before the aforementioned deadline according to the method described earlier.
8.9. Consumer’s liability for depreciation of the value of the goods
In the event of exercising the right of unilateral contract termination, the Consumer is responsible for any depreciation in the value of the goods resulting from handling the Product, except for that necessary to determine the nature, characteristics, and functionality of the Product. Limitation of the right of unilateral contract termination. The precondition for unilateral termination of the Sales Contract is that the Product has not been used and that the Product is in its original packaging.
8.10. The Consumer does not have the right of unilateral contract termination if:
(i) the sales contract has been fully performed, and the Consumer has consented to the commencement of performance with explicit prior consent and confirmation that they are aware that they will lose the right to unilateral termination of the contract under this section if the service is fully performed,
(ii) the subject matter of the contract is a Product, the price of which depends on changes in the financial market beyond the control of the Trader and which may occur during the period of the Consumer’s right to unilateral contract termination,
(iii) the subject matter of the contract is goods made to the Consumer’s specifications or clearly personalized for the Consumer,
(iv) and in all other cases provided for by the CPA.
IX. POST-SALES SERVICE We will provide you with information on post-sales service for any inquiries you may have regarding our Products.
X. LEGAL WARRANTY / COMPLAINTS AND CONSUMER COMPLAINTS
10.1. Legal warranty. The Seller must deliver Products that comply with the contract and is liable for any non-conformity present at the time of delivery. To comply with the contract, the Product must meet the following criteria:
• corresponds to the description, type, quantity, and quality, especially regarding characteristics, compatibility, interoperability, or any other characteristics specified in the contract;
• is suitable for any particular use requested by the Consumer, which was reported to SILVER MONITOR at the latest upon conclusion of the contract and which SILVER MONITOR accepted;
• is delivered with all accessories and installation instructions, which must be provided in accordance with the contract.
10.2. Notice of how to submit consumer complaints
In accordance with the Consumer Protection Act, we inform Consumers that complaints expressing dissatisfaction with the purchased Product and/or the quality of the provided Service can be submitted in writing, and acknowledgment of receipt of such complaint will be promptly confirmed in writing. Complaints can also be submitted in writing to the address of the Seller SILVER technologies d.o.o., Avenija Dubrovnik 5, 10 000 Zagreb, or by email to the address: info@silvermonitor.care. Upon receipt of the complaint, we will provide a written response within 15 (fifteen) calendar days from the date of receipt of the written Complaint, so please provide your contact address for the delivery of the response in your Complaint. In case of complaints regarding material defects of the Product (as defined by the Consumer Protection Act and the Obligations Act), the Seller will consider the complaints and may, if necessary, accept them, in accordance with the manufacturer’s specifications for the Product purchased by the Buyer. Each Product for which a complaint has been received will be sent to our service center for inspection. The Seller will promptly and without delay inform the Consumer of any related costs. A Product that is not technically sound or does not meet the technical specifications stated on the Website may be delivered directly to the Seller’s headquarters by the Buyer, after which it will be forwarded for inspection. When reporting inadequate products, it is mandatory to attach a copy of the invoice, an accurate description of the defect, and complete and original packaging of the said Product. For all Products for which SILVER MONITOR provides a warranty, the warranty conditions specified in the Product warranty sheet apply. The User is obliged to keep the original invoice, warranty sheet, and Product delivery note for the entire warranty period. The warranty period starts from the date of issue of the invoice or from the date indicated in the original invoice. The warranty does not cover damage caused by improper use, mishandling contrary to the instructions of the respective product, and mechanical damage, damage caused by water spillage, atmospheric conditions, or other substances, nor intentional damage. To avoid any misunderstanding, upon delivery, it is the User’s duty to inspect the Product and point out any mechanical damages, in which case the Product, if the conditions are met, will be immediately replaced. If the complaint relates to defects in a Product for which the manufacturer’s warranty has expired, SILVER MONITOR undertakes to inform the User of the repair costs and the description of the necessary work before commencing work on the Product. The User is obliged to inspect or have the received Product inspected in the usual manner as soon as possible, and notify SILVER MONITOR of any visible defects within eight calendar days, and in the case of a commercial contract, without delay, otherwise, it loses the right that belongs to it on that basis. The Consumer as the Buyer is not obliged to inspect the item or have it inspected, but is obliged to notify SILVER MONITOR of the existence of visible defects within two months from the day the defect was discovered, and no later than within two years from the transfer of risk to the Consumer. The User must immediately check the contents of the shipment upon receipt of the purchased Product for all relevant parts listed in the manufacturer’s specifications. The costs of returning the goods are borne solely by the User.
10.3. Material defects of goods
Responsibility for material defects of goods is determined in accordance with the provisions of the Obligations Act, whereby the term ‘goods’ has the same meaning as ‘Products’ in these General Terms and Conditions. SILVER MONITOR is liable for material defects of goods that existed at the time of the transfer of risk to the User, regardless of whether they were known to them. SILVER MONITOR is also liable for those material defects that occur after the transfer of risk to the User if they are a consequence of causes that existed before that. SILVER MONITOR is not liable for defects if they were known to the User at the time of concluding the contract or could not remain unknown to them. If the User discovers that the packaging of the purchased product is damaged during delivery, please do not accept the Product, but draw the attention of the delivery person to the damage to the packaging and request that the Product be returned to SILVER MONITOR. If the User does not report the damage to the packaging to the delivery person at the time of accepting the Product, it is considered that they have accepted the Product with undamaged packaging. The User is obliged to provide the following information when referring to a material defect of the Product: order number, invoice number, description of the defect, and detailed photographs of the defect. Complaints that do not contain the specified information will not be considered. When a defect is discovered by the User after receiving the goods, which could not be detected by the usual inspection upon receipt of the goods, the User is obliged, under the threat of losing rights, to notify SILVER MONITOR of this defect within two months from the day they discovered the defect, and in the case of a commercial contract – without delay. SILVER MONITOR is not liable for defects that become apparent after two years from the delivery of the goods, and in the case of a commercial contract, six months.
In case of material defects in the goods, the User has the right to demand from SILVER MONITOR:
a) To remove the defect (either by repair if possible or replacement),
b) To deliver another defect-free item,
c) Price reduction, or
d) To declare the contract of sale terminated. In any case, in accordance with applicable regulations, the User reserves the right to compensation for damages, with the express exclusion of liability for compensation for lost profits in these terms. The User exercises these rights in accordance with the provisions of these General Terms and Conditions and applicable legal regulations.
10.4. Rectification of defects and delivery of goods without defect
The removal of defects is carried out in the manner provided for in this paragraph of these General Terms and Conditions. The delivery of defect-free goods is possible only if an authorized service, following the procedure provided for the removal of defects and complaints, confirms the existence of a defect, and SILVER MONITOR has the same defect-free goods available.
10.5. Price reduction
If the Customer requests a price reduction, the price is reduced in proportion to the difference between the value of the item without defects and the value of the item with defects. The value of the item or Product is determined at the time of conclusion of the Sales Contract.
In the event that SILVER MONITOR does not have the same item, the Customer, at their discretion, may exercise all rights accruing to them under applicable laws.
10.6. Warranty
SILVER MONITOR offers a limited warranty on Products. Details are in the accompanying certificate, forming part of the Terms. Warranty applies with original invoice and shipping receipt.
Warranty starts at Product acquisition: Display/screen: 2 years. Consumable parts like batteries, cables are not covered.
XI. DATA PROCESSING
11.1. Data Processing Customer Privacy Protection is of the utmost importance. We invite you to read our Privacy Policy – https://silvermonitor.care/privacy-policy-2/. This policy defines your rights.
XII. DISPUTE RESOLUTION
12.1. Contact us. You can address your complaint to our customer service by sending an email to info@silvermonitor.care
12.2. Out-of-Court Settlement. In the event of a dispute or lawsuit between SILVER MONITOR and you regarding the use of the Product or Service, the parties shall, in good faith, as soon as possible and before any legal proceedings, attempt to resolve the dispute through an amicable settlement or out-of-court dispute resolution. If, despite all our efforts to meet your expectations, you are not satisfied with our customer service, you can refer the matter to the market inspectorate of the State Inspectorate: through the State Inspectorate’s website https://dirh.gov.hr/podnosenje-prijava/83 in person or by mail to the address Šubićeva 29, 10 000 Zagreb. Also, as a consumer, you can try to resolve the problem through bodies competent for alternative dispute resolution. Alternative dispute resolution enables consumers to resolve their disputes with a trader based in the Republic of Croatia or in one of the European Union Member States, Norway, Iceland, or Liechtenstein in a fast, efficient, and cost-effective manner
XIII. GENERAL TERMS AND CONDITIONS
These Sales Terms are an integral part of the General Terms and Conditions.
APPENDIX I: CONSUMER COMPLAINT FORM
Please fill out and send us this form if you wish to withdraw.
APPENDIX II: Form for unilateral termination of the contract
PART 3. GENERAL TERMS OF USE
1.1. Website. The website is available at the address https://silvermonitor.care/.
1.2. Availability. Although SILVER MONITOR makes every effort to ensure the reliability and availability of access to the Services 24 hours a day, SILVER MONITOR shall not be liable for any temporary unavailability or difficulties in accessing or using the Services or for any interruption of access for any reason or period of time. In the event of planned downtime, especially in the context of maintenance and/or changes to the Services, SILVER MONITOR will make every effort to notify you in advance by posting a warning.
1.3. Changes. SILVER MONITOR may, at its discretion, discontinue, delete, modify, or add Services, permanently or temporarily. In such a case, SILVER MONITOR will notify Users in advance. All new, modified, or deleted features are subject to these General Terms of Use. The fact that you continue to use the Services after such developments constitutes acceptance of the changes and application of these General Terms of Use to such changes.
1.4. Third-party Services. Furthermore, you are solely responsible for verifying all technical means that enable you to access the Services, for which you will bear exclusive responsibility.
II. HOW THE APPLICATIONS, SERVICES, AND PRODUCTS FUNCTION
2.1. Preconditions for Use. To access the web application, you will need a personal smartphone or a web browser on your computer (“Device”). The quality of your internet connection, as well as the speed and performance of your Device’s processor, are essential conditions for optimal use of the Application.
2.2. Proper Use of the System. To order a service, you must first register for order through our website https://silvermonitor.care/hr/ by entering the appropriate information in the respective fields on the User Interface: name, surname, username, and email address. After completing the registration, you will receive an invitation message by email with a one-time password, which needs to be changed immediately. Now you can choose the Products and Services you wish to purchase. After selecting the products, you need to fill in the order details: country, address, city, postal code, county, phone number, and delivery address if different from the billing address. When selecting the payment method, our system will automatically guide you on how to make the payment, except in the case of cash on delivery. SILVER MONITOR does not process payment data; this is done by payment gateways, and we only receive confirmation that the payment has been made. Once the payment for the selected Products and Services is received and a contract is concluded between you and us, we proceed to create your User Account. If you register for an order and do not complete it within 30 (thirty) days, we will delete your registration account, and if you later access our website, you will need to register again. After creating the User Account, SILVER MONITOR sends a link to the registered email address with access credentials for system usage. You are required to immediately change the one-time password, and it must be strong, including an adequate number of characters, a mixed base, and various alphanumeric characters. When you log in to the system using the provided username and password for system usage, you need to complete the User Account details and enter other information for the system to function properly: address, age, gender, diagnosis, pharmacotherapy, and contact. Optionally, the user can enter an additional mobile contact number to receive SMS messages about activating the SOS alarm, and the system also monitors and displays the GPS position of the Device for the next 24 hours. When creating a user account, the Device is activated and associated with the user account, and we record its IMEI number in the system. During operation, the Device collects and sends the following data to the system: blood pressure, heart rate, oxygen saturation, temperature, steps/activity, battery status, which are displayed in the web application. The Device sends data to the system using 3G and/or 4G GSM networks and, if necessary, using Bluetooth or wireless internet connection.
Authorized users enter into the contract in the same manner as other users, independently linking the IMEI numbers of the devices they have purchased with their own users and entering their personal data to provide service to their users.
Premium service – if you contract the Premium service, the Device enables GPS positioning solely for the purpose of activating an alarm if the User passes through a geofence. Then the system records and displays the GPS position of the Device for the next 24 hours. Geofencing service requires address data hardcoded into the system, and alarm information is sent via SMS to mobile numbers in the Contact field.
2.3. Closing User Account.
a) By the User. The User may request the closure of their User Account at any time, without stating a reason. We will proceed with the closure and deletion of all data within 7 (seven) days.
b) SILVER MONITOR will delete all inactive User Accounts. An inactive User Account is any account in which there has been no login for longer than six (6) months, and the User has not clicked on the link received in the email from SILVER MONITOR for longer than six (6) months. When a User Account becomes inactive, SILVER MONITOR notifies the User via email, and the User has thirty (30) days to reactivate their User Account. After this period, the User Account is automatically deleted without any means of recovery. Additionally, in the event of a serious breach of these General Terms of Use (Terms), or to comply with any court order or legal or regulatory provision, SILVER MONITOR reserves the right to close the User Account and delete all user data, without warning or official notice, without prejudice to other provisions of these General Terms. In the event of a breach of these General Terms, SILVER MONITOR may suspend the User Account for the time necessary to conduct an investigation. The User will be notified and invited to contact SILVER MONITOR via email to receive information and provide any observations and/or evidence that the breach has been corrected. If such a breach is not corrected within fifteen (15) days of such notification, SILVER MONITOR may notify the User that their User Account will be closed. The closure of the User Account and the deletion of all data occur without prejudice to any damages that SILVER MONITOR may claim as compensation for such breaches.
2.4. Consequences of Deleting the Account. Regardless of the suspension or deletion of their User Account, the User remains responsible for their obligations under other applicable SILVER MONITOR General Terms that are still in force. Upon deletion of the User Account, all user data is erased.
2.5. Opening a User Account. Opening a User Account for Products and Services is necessary before linking, accessing, and using the Application. Usernames are strictly personal and confidential. The User is prohibited from disclosing them to any third parties and undertakes to make every effort to maintain their confidentiality. The User is fully and solely responsible for the use of their credentials, especially in the event of their use by a third party. Under no circumstances can SILVER MONITOR be held responsible for compromising the User’s identity. All actions taken from the User Account are considered to be taken by the User who holds that User Account. In case of loss/forgetfulness or theft of credentials, including cases where the User detects unauthorized use of their User Account, they undertake to immediately notify SILVER MONITOR through the password recovery process by clicking on “Forgot password?” available through the “Login” section.
2.6. Linking to the Product. We link the Product to the Application when we register your payment for the Product and Services. This connection enables you to: • Access your data through the graphical interface of the Application; • Store your personal data on SILVER MONITOR servers.
2.7. Security of Your User Account. If you create a User Account, you must follow a set of necessary actions to prevent a third party from accessing your account. The same applies to the password of your email account. Additionally, remember to log out when using devices that are not yours. Please note that unauthorized access to your account may enable unauthorized access, modification, and deletion of your data in the Application. It is prohibited to use your User Account by a third party.
2.8. Limitations of Use. When using the Application: • Using the Application in a manner contrary to these General Terms, laws, and regulations or the rights of third parties, including intellectual property rights or privacy rights, etc.; • Acting in a way that may cause any harm to SILVER MONITOR, its subsidiaries, partners, or any User of our associated Products and Services; • Introducing any false data into the Application on the website; • Disrupting or interfering with the proper functioning of the application or product in any way, especially if it could harm the rights of third parties or SILVER MONITOR; • Undertaking any actions and/or using a method that allows data scraping; • Using any illegitimate means to deceive or circumvent any authentication method used by SILVER MONITOR to enable the User to connect to the Product.
2.9. External Sources. The website may contain hyperlinks that redirect the User to third-party websites not published by SILVER MONITOR and over which it has no control. SILVER MONITOR cannot be held responsible in any way for the content published on third-party websites or for any damage or loss resulting from browsing those websites.
III. SERVICE WARRANTIES
3.1. Scope of Application. In addition to the mandatory legal warranties described in the General Terms of Sale, the Services are provided on an “as is,” “as available,” and “to the extent available” basis. 3.2. Limitation of Liability. SILVER MONITOR cannot be held responsible for (i) the unavailability of the Application, connection problems, any malfunction, interruption of service, temporary cessation of service provision, prevention of access to the Products and Services, or any of their functionalities and the consequences it may have for the User, (ii) any modification SILVER MONITOR may make to the Applications, Products, or Services, (iii) the use of Services and analyses obtained by the User, (iv) any claims, losses, or damage caused by any error or omission in the data and information provided by the User, (v) any potential harmful consequences for the User or third parties from the use, analysis, interpretation, or processing of purely indicative analyses by the User or a third party. SILVER MONITOR is not liable for any direct or indirect damage, whether foreseeable or not, caused by their use or inability to use the Services, especially any moral, physical, or material damage, including any loss of materials, profits, savings, revenue, customers, loss of opportunity, business prospects, replacement costs for services or technologies, or loss of data suffered by the User, damage to reputation, damage to physical integrity, and any action brought against the User. Consequently, SILVER MONITOR will not be liable for compensating for such damages.
IV. INTELLECTUAL PROPERTY
Applications, Products, and Services consist of elements such as texts, interfaces, photographs, graphics, images, browsing tools, trademarks, service marks, logos, designs, music, artworks, computer codes, software, fonts, and all other elements contained in the Product or Service (“Components”). The Components and all rights, including but not limited to ownership rights and intellectual property rights, are the property of SILVER MONITOR and/or its licensors and affiliated companies and are protected by the provisions of international agreements and any other applicable national laws of the country in which they are used. The structure, organization, and codes are trade secrets and confidential information belonging to SILVER MONITOR and/or its licensors and affiliated companies.
V. USER LICENSE
5.1. Compliance with Terms of Use. Subject to your full compliance with the Terms of Use, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, and revocable license, which SILVER MONITOR may revoke at any time at its discretion, to access and use the Application, Products, or Services. Your use of the application, product, or service does not grant you any intellectual property rights in the Application, Product, or Services.
5.2. Restrictions. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, lease, reverse engineer, decompile, extract, or attempt to discover the source code of any software contained in the Application, Product, or Services. No right or license, express or implied, is granted to you in connection with any part of the Application, except as expressly stated in these Terms. You are not granted a license to combine the Application, Product, or Service with any other software or hardware not provided by SILVER MONITOR.
5.3. Service Limitations
We do not provide medical advice. By accepting these General Terms of Use for Users, you agree and acknowledge that the role of SILVER MONITOR is limited to providing Services. Furthermore, you agree that:
• SILVER MONITOR does not provide diagnosis or treatment under any circumstances,
• The Services are in no way intended to substitute for the independent clinical judgment of a qualified healthcare professional;
• The Services are not intended to replace your relationship with a healthcare provider or the treatment of serious, urgent, or life-threatening health conditions and should not be used in those circumstances;
• General information available through the Services about health conditions, symptoms, available medications, treatment options, and other educational articles and videos are provided for general educational purposes only. Never disregard, avoid, or delay seeking medical advice from a physician or other qualified healthcare professional because of anything found in the Services. If you have or suspect you have a medical emergency, promptly contact a qualified healthcare professional;
• You agree and acknowledge that your use of the Application is limited to viewing your health data.
