These Additional Terms for Guardian Use (the Additional Terms) apply to the use of the Xplora App by a Guardian in connection with the Xplora Senior service.
These Additional Terms apply in addition to the general terms and conditions for the Xplora App and any other applicable Xplora terms (together, the General Terms). If there is any conflict between these Additional Terms and the General Terms, these Additional Terms will prevail, but only for the Guardian’s use of the Xplora App in connection with the Xplora Senior service.
In the event of conflict between these Additional Terms and applicable mandatory consumer law, such mandatory consumer law shall prevail.
These Additional Terms are governed by the law of the country in which the Guardian resides.
1. Parties and scope
These Additional Terms apply between the user of the Xplora App as a Guardian and Xplora Technologies Ltd, company registration number 853610988, registered at 3rd Floor, Unit 6, Barley Mow Centre 10 Barley Mow Passage, Chiswick, London W4 4PH, United Kingdom (Xplora, we, us or our).
The Xplora Senior service is designed for use between:
- the person using the Xplora Senior app on a separate Doro device (the Senior); and
- one or more connected family members, relatives, friends, caregivers or other trusted persons using the Xplora App as a Guardian.
The Xplora App and the Xplora Senior app together enable connected features between the Senior and one or more Guardians, subject to the relevant permissions, settings and technical availability of the users.
Any Doro hardware warranty, device support, device-specific functionality, mobile subscription, connectivity service, operating system functionality, app store terms or third-party service terms remain separate and are not governed by these Additional Terms unless expressly stated otherwise. Moreover, the Seniors use of the Xplora Senior service is governed by separate terms and conditions applicable between the Senior and Xplora.
2. Acceptance and rightful use
These Additional Terms are intended for one or more connected family members, relatives, friends, caregivers or other trusted persons using the Xplora App as a Guardian in connection with a Senior’s use of the Xplora Senior app.
The person using the Xplora Senior app on the separate device is referred to in these Additional Terms as the Senior.
By activating or using the Xplora App as a Guardian in connection with the Xplora Senior service, you confirm that you are at least 18 years old and legally able to accept these Additional Terms.
If you set up or use the Xplora App in relation to a Senior, you are responsible for ensuring that you have the necessary authority, that the information you provide is accurate and up to date, and that any required notices, permissions or consents in relation to the Senior have been given or obtained.
3. Guardian use of the Xplora App
The Xplora App gives Guardians access to companion features in connection with the Xplora Senior service.
Guardian use of the Xplora App includes:
- linking the Guardian’s Xplora App with the relevant Senior’s service or account;
- being invited, added or removed as a Guardian;
- viewing information, status updates or other service-related information made available through the service;
- receiving alerts, reminders or notifications;
- using location-related, communication-related and other safety-related features supported by the service;
- sharing information from the Guardian to the Senior, and receiving information from the Senior, where the relevant permissions have been granted, including location information where such sharing is enabled;
- adjusting settings, permissions and user preferences; and
- activating, managing or cancelling a paid subscription connected to the relevant Guardian use.
Certain features are directional, mutual or role dependent. This means that some features allow the Guardian to receive information about the Senior, some allow the Senior to receive information about the Guardian, and some require active consent, sharing choices or permissions from one or both users.
The exact functions available to a Guardian may vary depending on the relevant product setup, market, language version, subscription plan, operating system, enabled permissions, technical setup and the availability of third-party services.
Certain functions require a compatible app version, enabled permissions, active internet or mobile connectivity, successful account linking and continued availability of the Xplora Senior service and relevant third-party services.
Xplora may update, modify, add, remove, restrict or discontinue any part of the features connected with Guardian use of the Xplora App from time to time.
4. Important limitations
The features connected with Guardian use of the Xplora App are part of a consumer technology and companion service only.
Unless expressly stated otherwise, they are not:
- an emergency service;
- a substitute for direct personal contact, supervision, care or caregiving;
- a medical, healthcare, rescue, monitoring or alarm service; or
- guaranteed to be continuously available, accurate, error-free, secure, complete or real-time.
Guardians must not rely on the Xplora App as the sole means for emergency response, urgent communication, health monitoring or personal safety in relation to the Senior, themselves or any other person.
Scam protection as a feature may not necessarily identify, block or prevent all fraud attempts.
Location-related, communication-related, alert-related and similar features may be affected by device placement, battery level, network coverage, operating system restrictions, permissions, technical errors, service interruptions or third-party dependencies.
5. Guardian responsibilities
Each Guardian is responsible for using the Xplora App in accordance with these Additional Terms, the General Terms and applicable law.
Each Guardian must:
- keep account credentials secure and notify Xplora of suspected misuse of his/her account;
- ensure that account and contact information is accurate and kept up to date;
- use the Xplora App only for lawful and intended purposes;
- ensure that the Guardian has proper authority to access information relating to the Senior through the service;
- ensure that any information about the Guardian that is shared with the Senior is shared only where the Guardian has enabled or accepted that sharing;
- ensure that any required permissions, settings and connectivity are enabled if a function is intended to work; and
- not use the service for unlawful surveillance, harassment, misuse or infringement of another person’s rights.
6. Privacy and personal data
Xplora processes personal data in connection with the Guardian’s use of the Xplora App, including account information, contact details, device information, technical information, usage data, subscription information and, where relevant to the functions used, location-related data, alert-related data and connected-user information.
Xplora’s processing of personal data is described in the applicable Privacy Notice available here, which explains what personal data is collected, how it is used, the legal bases relied on, retention periods, possible recipients of data and the rights available under applicable data protection law.
By using the Xplora App in connection with the Xplora Senior service, the Guardian acknowledges that personal data may need to be processed in order to provide the functions, manage access and interaction between the Senior and Guardians, maintain security, provide support, process payments, improve the service, comply with legal obligations and establish, exercise or defend legal claims.
Where a Guardian enables or uses the service in relation to a Senior or any other connected person, the Guardian is responsible for ensuring that any required notices have been given and any required permissions or consents have been obtained in accordance with applicable law.
If a function involves location-related data, communications data or other potentially sensitive information, that function may require separate device permissions, acknowledgements, sharing choices or settings. If those permissions, choices or settings are not enabled, the relevant functionality may be limited or unavailable.
Personal data in relation to the screen viewer and scam protection features may be processed by TeamViewer and Telesign.
Payment-related information may be processed by Doro AB, Stripe or other payment service providers in accordance with their own privacy information and legal obligations, to the extent necessary to process subscription payments and manage billing.
7. Paid subscription, pricing and payment
Certain features connected with Guardian use of the Xplora App are offered as a paid recurring subscription.
The applicable price will be presented before sign-up or activation is completed.
Payment for the relevant subscription will be processed through Doro AB’s Stripe Payments setup and made by payment card accepted in the sign-up flow.
By registering a payment card and completing sign-up, the user authorises the applicable subscription fees to be charged to the registered card through Doro AB’s Stripe payment solution in accordance with the applicable billing cycle.
The user is responsible for ensuring that the registered payment details are valid, up to date and have sufficient available funds or credit. If a charge cannot be completed, Xplora or Doro AB may retry the charge. Xplora may also suspend or restrict access to the paid features if payment is not received.
All prices are stated inclusive of VAT unless expressly stated otherwise.
Xplora may change prices for future subscription periods. Any material price change will be notified within a reasonable time before it takes effect. If the user does not accept the new price, the user may cancel the subscription with effect from the end of the then-current calendar month.
8. Term and cancellation
The paid features connected with Guardian use of the Xplora App are provided as a recurring subscription that continues until cancelled.
However, cancellation will only take effect at the end of the current calendar month. The user will continue to have access to the paid features until the end of that month and must pay all applicable charges up to that time.
No pro rata refund will be given for any part of a started month unless required by mandatory law.
Cancellation may be made through the subscription management solution made available by Xplora, or by another method notified by Xplora to the user.
9. Availability, suspension and termination
Xplora does not guarantee uninterrupted or error-free availability of the features connected with Guardian use of the Xplora App.
Those features may be unavailable or affected by maintenance, updates, telecom failures, internet failures, device issues, third-party service interruptions, security incidents or other causes beyond Xplora’s reasonable control.
Xplora may suspend, restrict or terminate access to the relevant features with immediate effect if:
- these Additional Terms or the General Terms are materially breached;
- payment is not received when due;
- Xplora reasonably suspects misuse, fraud, unlawful activity or unauthorised use; or
- suspension, restriction or termination is necessary for security, legal or technical reasons.
Where reasonably practicable, Xplora will give prior notice before such action is taken.
10. General Terms continue to apply
Except as expressly set out in these Additional Terms, the General Terms for the Xplora App continue to apply in full to the Guardian’s use of the Xplora App in connection with the Xplora Senior service, including provisions relating to intellectual property and changes to the terms.11.
11. Limitation of liability
Xplora is only liable for direct loss resulting from defects in the Xplora App in connection with the Senior service. However, this does not apply if we demonstrate that the defect was caused by circumstances beyond our control and which we could not reasonably have been expected to avoid or overcome the consequences of. Xplora is not liable for indirect loss resulting from defects, unless such loss was caused by our gross negligence or willful misconduct. Moreover, Xplora is not liable for loss attributable to circumstances or actions caused by the Guardian or third parties.
The maximum amount of liability Xplora may have is limited to the amount paid by the Guardian to us.
We only supply our products and services for domestic and private use. If you use our products and services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. Right to change your mind
You have a legal right to change your mind within 14 days and receive a refund. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. We may therefore deduct from any refund an amount for the supply of the service. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
Contact us at https://xplora.co.uk/pages/support-form if you want to exercise your right to change your mind or use the form attached in the email confirmation of your purchase.
13. Complaints, claims and other inquiries
Complaints, claims, and other customer inquiries may be submitted to Xplora using the contact details provided below. The Guardian also has the right to refer their case to the relevant consumer protection authorities or other competent consumer dispute resolution bodies.
14. Xplora contact details
Xplora Technologies Ltd
Registration number: 853610988
Address: 3rd Floor, Unit 6, Barley Mow Centre 10 Barley Mow Passage, Chiswick, London W4 4PH, United Kingdom
