Warm-Hello

Terms of Service

IMPORTANT NOTICE: Warm-Hello is an automated text-messaging notification service operated by 10894796 Canada Inc., a corporation incorporated under the federal laws of Canada, doing business as “Warm-Hello.” Warm-Hello facilitates routine check-ins between individuals and their designated personal contacts.
WARM-HELLO IS NOT A MEDICAL ALERT SYSTEM, PERSONAL EMERGENCY RESPONSE SYSTEM (PERS), MEDICAL MONITORING SERVICE, HEALTHCARE SERVICE, OR EMERGENCY DISPATCH SERVICE.
Warm-Hello does not monitor for health conditions, determine whether an emergency has occurred, contact emergency services such as 911, or replace professional caregiving or emergency services. Delivery of SMS notifications depends on third-party telecommunications providers, networks, devices, and other factors outside Warm-Hello’s control and cannot be guaranteed. In an emergency, immediately contact 911 or the applicable local emergency service.

1. Acceptance of Terms

These Terms of Service (the “Terms”) are a binding legal agreement between you (the “Account Manager,” “you,” or “your”) and 10894796 Canada Inc., doing business as “Warm-Hello” (“Warm-Hello,” “we,” “us,” or “our”), a corporation incorporated under the federal laws of Canada, with a principal mailing address at:

10894796 Canada Inc. d/b/a Warm-Hello
53 Lancewood Cres
Brampton, Ontario, Canada L6S 5Y5

Your access to and use of the Warm-Hello website, applications, products, and services (collectively, the “Service”) are subject to these Terms and the Warm-Hello Privacy Policy.

By creating an account, starting a free trial, purchasing a subscription, clicking to accept these Terms during checkout or onboarding, or otherwise using the Service, you represent and warrant that:

  1. You are at least 18 years of age or the age of majority in your jurisdiction, whichever is applicable;
  2. You have the legal capacity and authority to enter into these Terms;
  3. If you are enrolling another individual as a Senior, you have obtained the permissions and consents required by applicable law; and
  4. You have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, do not create an account, enroll a Senior, purchase a subscription, or use the Service.

2. Service Description; No Emergency or Medical Service

2.1 Service Description

Warm-Hello is a voluntary, non-emergency automated check-in and notification service.

An Account Manager may enroll a designated individual (a “Senior”) to receive scheduled check-in prompts. If a Senior does not respond to a scheduled check-in within the applicable configured period, Warm-Hello may send a notification to the personal contacts designated by the Account Manager.

The Service is designed to facilitate communication between individuals and their designated contacts.

2.2 No Emergency Monitoring

Warm-Hello detects whether a scheduled check-in response has been received according to the Service’s operating rules.

A missed check-in does not establish or indicate that an emergency, injury, illness, incapacity, fall, medical event, or other dangerous situation has occurred.

A missed check-in may occur for many reasons, including:

  • The Senior is unavailable;
  • The Senior is asleep or otherwise unable to respond;
  • The Senior’s phone is turned off;
  • The phone battery is depleted;
  • The phone is lost, damaged, or inaccessible;
  • Cellular, SMS, or internet connectivity is unavailable;
  • SMS delivery is delayed, blocked, filtered, or unsuccessful;
  • The Senior’s phone number has changed;
  • The Senior has changed devices;
  • The Senior does not see or hear the notification;
  • A telecommunications carrier experiences an outage or interruption;
  • A device, software, network, or third-party service experiences a failure; or
  • Warm-Hello experiences a technical failure, interruption, or delay.

Similarly, receipt of a check-in response does not establish that the Senior is safe, healthy, conscious, or free from an emergency.

2.3 No Emergency Duty

To the maximum extent permitted by applicable law, Warm-Hello does not assume a duty of care or obligation to dispatch, notify, summon, or contact medical, police, fire, ambulance, emergency-response, or other governmental personnel on behalf of any user or third party.

Warm-Hello does not receive, process, interpret, or act upon emergency-response signals.

Warm-Hello does not independently determine whether an emergency exists.

2.4 Not a Medical or Healthcare Service

The Service is not, and shall not be construed to be:

  • A medical device;
  • A medical alert system;
  • A personal emergency response system (PERS);
  • A medical monitoring service;
  • A healthcare service;
  • A telehealth service;
  • A substitute for professional caregiving;
  • A substitute for emergency services; or
  • A substitute for professional medical advice, diagnosis, or treatment.

Always seek appropriate professional medical or emergency assistance when necessary.

2.5 Emergency Services

Warm-Hello does not contact 911, police, fire departments, ambulance services, hospitals, physicians, medical facilities, or other emergency-response organizations on behalf of users.

In an actual or suspected emergency, immediately contact 911 or the applicable local emergency service.

Users must not rely on Warm-Hello as their sole method of monitoring a person’s health, safety, welfare, location, or condition.

2.6 SMS and Carrier Disclaimer

SMS delivery depends on third-party telecommunications carriers, cellular networks, internet connectivity, device configuration, device power status, SIM functionality, spam filters, carrier policies, software, and other factors outside Warm-Hello’s direct control.

Warm-Hello does not guarantee delivery, timing, accuracy, completeness, or receipt of any SMS message, check-in prompt, missed-check-in notification, escalation notification, or other communication.

You assume the risk that an SMS message may be delayed, blocked, filtered, undelivered, garbled, misdirected, or otherwise unavailable.

3. Senior Authorization; Trusted Escalation Contacts; Third-Party Information

3.1 Authorization to Enroll a Senior

By enrolling, creating an account for, adding, or providing personal information about a Senior, including the Senior’s name, telephone number, or trusted-escalation-contact information, you represent and warrant that:

  1. You are the Senior’s legally authorized representative; OR
  2. You have obtained the Senior’s informed and voluntary consent to collect, use, disclose, and process the Senior’s information for the purposes described in these Terms and the Privacy Policy;
  3. If you are acting on behalf of the Senior, you have the legal authority to provide the applicable consent;
  4. The telephone number provided for the Senior is accurate and belongs to the Senior or is otherwise authorized for use with the Service;
  5. The telephone number is capable of receiving the applicable communications;
  6. You have obtained any consent required by applicable privacy, telecommunications, consumer-protection, or other laws; and
  7. Each trusted escalation contact you provide has agreed to receive applicable Warm-Hello notifications.

You are responsible for maintaining evidence of any consent or authorization that you are required to obtain.

3.2 Trusted Escalation Contacts

Trusted escalation contacts must be individuals who have agreed to receive Warm-Hello notifications.

You must provide accurate and current trusted-escalation-contact information.

You must not designate:

  • 911;
  • Police departments;
  • Fire departments;
  • Ambulance services;
  • Hospitals;
  • Physicians;
  • Medical facilities; or
  • Other emergency-response organizations

as trusted escalation contacts.

Warm-Hello does not verify the identity, availability, location, qualifications, relationship, or ability of a trusted escalation contact to respond to a notification.

Warm-Hello does not guarantee that a trusted escalation contact will receive, read, understand, or respond to any notification.

You are responsible for determining whether your selected trusted escalation contacts are appropriate for your circumstances.

3.3 Customer Responsibilities

You are responsible for:

  • Providing accurate and current account information;
  • Providing accurate Senior information;
  • Providing accurate trusted-escalation-contact information;
  • Obtaining all required permissions and consents;
  • Ensuring that the Senior understands how the Service operates;
  • Ensuring that the Senior has access to a functioning compatible device;
  • Ensuring that applicable cellular or internet service is available;
  • Keeping telephone numbers current;
  • Keeping trusted-escalation-contact information current;
  • Monitoring and appropriately responding to Warm-Hello notifications;
  • Maintaining appropriate medical, safety, caregiving, communication, and emergency arrangements independent of Warm-Hello; and
  • Not relying on Warm-Hello as the sole means of determining whether a person is safe or experiencing an emergency.

3.4 Prohibited Health Information

Warm-Hello is not designed to collect, maintain, or process medical records or detailed health information.

You must not intentionally enter or transmit through the Service:

  • Medical records;
  • Diagnoses;
  • Treatment information;
  • Medication information;
  • Physician instructions;
  • Insurance information;
  • Detailed medical history; or
  • Other sensitive medical or health information.

Warm-Hello does not intentionally solicit such information.

If such information is voluntarily submitted despite these restrictions, Warm-Hello may delete or remove the information where reasonably practicable and may take other appropriate measures.

3.5 Indemnification for Customer Actions

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Warm-Hello and its officers, directors, employees, contractors, service providers, affiliates, successors, and assigns (collectively, the “Warm-Hello Parties”) from and against claims, liabilities, damages, losses, costs, investigations, regulatory proceedings, and reasonable legal and accounting expenses arising from or relating to:

  • Your breach of the representations or warranties in this Section 3;
  • Your failure to obtain required consent or authorization;
  • Your unauthorized provision of another person’s personal information;
  • Your misuse of the Service;
  • Your violation of these Terms or applicable law; or
  • Disputes between you and a Senior, family member, trusted escalation contact, or other third party arising from your enrollment or use of the Service.

Nothing in this Section requires you to indemnify Warm-Hello to the extent prohibited by applicable law.

4. Subscriptions, Billing, Free Trials, and Renewal

4.1 Subscription Plans and Pricing

Warm-Hello is offered through recurring subscription plans. The applicable subscription price and billing frequency are displayed to the customer before a paid purchase is completed.

As of the effective date of these Terms, the standard subscription prices are:

United States

  • Monthly Plan: $14.99 USD per month, before applicable taxes.
  • Annual Plan: $144.00 USD per year, before applicable taxes.

Canada

  • Monthly Plan: $19.99 CAD per month, before applicable taxes.
  • Annual Plan: $180.00 CAD per year, before applicable taxes.

Applicable federal, provincial, territorial, state, and local taxes may be added where required by law.

The price and currency displayed on the final checkout screen immediately before a paid purchase control that transaction.

Warm-Hello may change subscription prices in the future. A price change will apply to a future renewal term and will not retroactively change the price of a completed purchase. Where applicable law requires advance notice of a price change, Warm-Hello will provide the required notice.

4.2 Free Trial

Warm-Hello may offer a seven (7) day free trial from time to time.

The free trial does not automatically convert into a paid subscription.

Warm-Hello will not automatically charge the customer’s payment method when the free trial ends.

At the end of the seven (7) day trial period, access to paid features may end unless the customer actively selects and purchases a paid subscription.

If the customer wishes to continue using Warm-Hello after the trial, the customer must actively select a paid subscription and complete the purchase.

The applicable subscription price, billing frequency, automatic-renewal terms, and applicable taxes will be clearly displayed before the customer completes the paid purchase.

No payment is required solely because the free trial ends.

A customer who does not actively purchase a paid subscription will not be charged for the trial.

If payment information is collected during registration for a free trial, providing that information does not constitute authorization for Warm-Hello to automatically charge the customer when the trial ends.

4.3 Automatic Renewal of Paid Subscriptions

A paid subscription automatically renews at the end of each applicable billing period unless cancelled before the next renewal date.

Monthly subscriptions renew every month.

Annual subscriptions renew every twelve (12) months.

At renewal, Warm-Hello will charge the payment method on file at the then-current applicable subscription price plus applicable taxes.

Where required by applicable law, Warm-Hello will provide advance notice of an upcoming renewal or price change.

4.4 Cancellation

Customers may cancel automatic renewal through the Warm-Hello account dashboard.

Cancellation prevents future renewal charges but does not automatically terminate access during a billing period that has already been paid for, except where otherwise required by law.

Customers should cancel before the next scheduled renewal date to prevent the next recurring charge.

4.5 Refunds

Unless otherwise required by applicable law or expressly stated in an applicable promotional offer, subscription payments are non-refundable after they have been processed.

Cancelling a paid subscription does not automatically create a right to a refund for the current or previously paid billing period.

Warm-Hello may, in its discretion, provide a refund, credit, or other billing adjustment in individual circumstances. Any discretionary refund or credit does not create an obligation to provide the same refund or credit in future circumstances.

Where a refund is approved, it will generally be returned to the original payment method used for the transaction.

Nothing in this Section limits, excludes, or waives any refund, cancellation, withdrawal, cooling-off, chargeback, or other consumer right that cannot legally be excluded or waived under applicable law.

4.6 Payment Processor

Payments are processed by Stripe, Inc. or its applicable affiliates (“Stripe”).

Warm-Hello does not store full payment-card numbers.

Your use of payment services may also be subject to Stripe’s applicable terms and privacy practices.

5. SMS, Email, and Communications Compliance

5.1 Operational Communications

Warm-Hello may send SMS and email communications necessary to provide the Service, including:

  • Check-in prompts;
  • Missed-check-in notifications;
  • Account-related communications;
  • Security notifications;
  • Billing and payment communications;
  • Trial-related communications;
  • Account cancellation confirmations; and
  • Other communications reasonably necessary to operate the Service.

Operational check-in and missed-check-in messages are intended to contain service-related information only.

5.2 No Promotional Content in Operational Check-In Messages

Warm-Hello will not intentionally include advertising, promotional offers, referral incentives, coupon codes, discount offers, upsells, cross-selling, or unrelated marketing content in operational check-in or missed-check-in SMS messages.

Any future promotional or marketing communication will be handled separately and subject to applicable consent and other legal requirements.

5.3 Marketing Communications

Warm-Hello may send marketing or promotional communications only where permitted by applicable law and where the required consent or other lawful basis has been obtained.

Marketing communications will include an appropriate unsubscribe mechanism where required.

Warm-Hello will process valid unsubscribe requests within the time required by applicable law.

5.4 SMS Consent and Keywords

Where supported and applicable, Warm-Hello may support standard SMS keywords such as:

  • STOP to opt out;
  • HELP to request assistance; and
  • START to re-enable eligible SMS communications.

The availability and effect of these keywords may depend on the applicable telecommunications provider and messaging service.

A STOP request may prevent further SMS communications necessary to operate the Service.

Standard carrier message and data rates may apply.

5.5 Applicable Telecommunications Laws

Warm-Hello will operate its SMS and electronic communications practices in accordance with applicable telecommunications, privacy, consumer-protection, and electronic-message laws, including applicable requirements under Canada’s Anti-Spam Legislation (CASL), Canada’s National Do Not Call List rules where applicable, the U.S. Telephone Consumer Protection Act (TCPA), and the U.S. CAN-SPAM Act.

Whether a particular communication is commercial, transactional, operational, or otherwise regulated will depend on the content, purpose, recipient, and applicable law.

Nothing in these Terms is intended to declare that a particular communication is exempt from a law where the law provides otherwise.

5.6 Customer Responsibility for SMS Consent

Customers are responsible for ensuring that they have the authority and required consent to provide another person’s telephone number to Warm-Hello and to authorize applicable communications.

Warm-Hello may suspend messaging to a telephone number where it receives an opt-out request, complaint, carrier restriction, legal request, or other indication that continued messaging may be inappropriate or unlawful.

6. Intellectual Property; Account Security

6.1 Intellectual Property

All right, title, and interest in and to the Service, including its software, source code, design, interfaces, documentation, trademarks, service marks, logos, copyrights, trade secrets, and other proprietary materials, are owned by or licensed to Warm-Hello.

The Warm-Hello name, trademarks, logos, and branding may not be used without our prior written permission.

Except for the limited right to use the Service in accordance with these Terms, no ownership or other intellectual-property rights are transferred to you.

6.2 Account Security

You are responsible for maintaining the confidentiality and security of your account credentials.

You are responsible for activity occurring under your account unless caused by Warm-Hello’s failure to maintain reasonable security measures required by applicable law.

You must promptly notify Warm-Hello at sales@warm-hello.com if you believe your account has been accessed without authorization.

7. Limitation of Liability

7.1 Exclusion of Certain Damages

To the maximum extent permitted by applicable law, the Warm-Hello Parties will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunity, goodwill, or data, arising from or relating to the Service or these Terms, regardless of the legal theory asserted.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

7.2 Monetary Liability Cap

To the maximum extent permitted by applicable law, the total aggregate liability of the Warm-Hello Parties for claims arising from or relating to these Terms or the Service will not exceed the greater of:

  • CAD $100; or
  • The total amount actually paid by you to Warm-Hello during the twelve (12) calendar months immediately preceding the event giving rise to the claim.

7.3 Non-Waivable Liability

Nothing in these Terms excludes or limits liability for:

  • Fraud or fraudulent misrepresentation;
  • Willful misconduct or gross negligence to the extent liability cannot legally be excluded;
  • Death or personal injury to the extent liability cannot legally be excluded;
  • Breaches of consumer-protection laws that cannot legally be excluded;
  • Other liability that applicable law prohibits from being excluded or limited; or
  • Any other non-waivable statutory right or remedy.

The limitations in this Section apply only to the maximum extent permitted by applicable law.

8. Governing Law and Dispute Resolution — Canada

Except as otherwise provided for United States residents in Section 9, these Terms and disputes arising from or relating to the Service will be governed by the laws applicable to the parties and the transaction, subject to mandatory consumer-protection and other non-waivable laws.

For Canadian residents, Ontario law and applicable federal Canadian law will generally govern these Terms, subject to any mandatory laws of the province or territory in which the consumer resides.

8.1 Mediation

Where legally permitted and appropriate, the parties will attempt in good faith to resolve disputes through direct communication before commencing formal proceedings.

Nothing in this Section prevents a consumer from exercising a statutory right to file a complaint with a regulator, government authority, or court where that right cannot legally be waived.

8.2 Arbitration

Where arbitration is legally permitted and agreed to under these Terms, any arbitration will be conducted by a qualified neutral arbitrator in accordance with applicable arbitration legislation and rules.

Any arbitration agreement in these Terms is subject to applicable consumer-protection laws and any mandatory rights that cannot legally be waived.

8.3 Class or Representative Proceedings

To the maximum extent permitted by applicable law, disputes will be brought in the claimant’s individual capacity rather than as a class, collective, representative, or consolidated action.

Nothing in this Section waives a class, representative, collective, or other procedural right that cannot legally be waived.

8.4 Quebec Consumers

Nothing in these Terms is intended to exclude or limit rights available to Quebec consumers under the Quebec Consumer Protection Act, the Civil Code of Québec, the Charter of the French Language, or other applicable Quebec legislation.

Where a provision of these Terms conflicts with a mandatory Quebec consumer right, the mandatory law will prevail.

9. United States Residents — Arbitration and Dispute Resolution

This Section applies only to residents of the United States.

9.1 Individual Arbitration

Except for claims that are expressly excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, billing, or the relationship between you and Warm-Hello may, to the maximum extent permitted by applicable law, be resolved through individual binding arbitration administered by JAMS under its applicable consumer arbitration rules.

The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the arbitration agreement to the extent applicable.

9.2 Remote Arbitration

Unless you and Warm-Hello agree otherwise, arbitration will ordinarily be conducted remotely by video conference, telephone, or document submission.

If an in-person hearing is legally required or determined appropriate by the arbitrator, JAMS, or applicable law, the hearing location will be determined in accordance with the applicable JAMS rules and applicable law.

9.3 Arbitration Costs

Warm-Hello will comply with the applicable JAMS consumer arbitration rules concerning filing fees, administrative fees, arbitrator fees, and allocation of costs.

Nothing in these Terms requires a consumer to pay fees prohibited from being imposed on the consumer under applicable law or applicable JAMS consumer-arbitration rules.

9.4 Class Action and Jury Trial Waiver

To the fullest extent permitted by applicable law, claims subject to arbitration must be brought only in the claimant’s individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private-attorney-general proceeding.

To the fullest extent permitted by applicable law, the parties knowingly and voluntarily waive any right to a jury trial for claims that are legally subject to such waiver.

Nothing in this Section waives non-waivable federal or state consumer rights.

9.5 Excluded Claims

The arbitration provisions of this Section do not apply to:

  • Claims that cannot legally be subject to mandatory arbitration;
  • Individual claims properly brought in small-claims court where permitted by applicable law;
  • Claims for injunctive or equitable relief concerning unauthorized use or infringement of intellectual property;
  • Individual claims concerning personal injury or wrongful death to the extent applicable law prohibits arbitration or waiver of judicial remedies; or
  • Any other claim that applicable law requires to remain outside arbitration.

9.6 Arbitration Opt-Out

If you are a first-time United States account holder, you may opt out of the arbitration provisions of this Section by providing written notice to sales@warm-hello.com within thirty (30) calendar days after you first accept these Terms.

The notice must include:

  • Your full name;
  • Billing address;
  • Email address associated with your account; and
  • A clear statement that you wish to opt out of Section 9.

Opting out of arbitration does not affect any other provision of these Terms.

9.7 Government and Regulatory Complaints

Nothing in this Section prevents you from submitting a complaint or report to the Federal Trade Commission, Consumer Financial Protection Bureau, a state attorney general, or another government or regulatory authority where applicable law permits such a complaint.

10. Termination and Suspension

You may terminate your account at any time by using the account-management functionality provided by Warm-Hello or by contacting Warm-Hello at sales@warm-hello.com.

Warm-Hello may suspend or terminate access to the Service where reasonably necessary, including if:

  • You materially breach these Terms;
  • You fail to pay amounts properly due;
  • You engage in fraud, abuse, harassment, unauthorized enrollment, or unlawful activity;
  • Continued use presents an actual or reasonably anticipated legal, security, privacy, or safety risk;
  • We are required to do so by law, regulation, court order, or other valid legal process; or
  • The Service is discontinued.

Where reasonably practicable, Warm-Hello may provide notice and an opportunity to cure a material breach before termination.

Termination does not eliminate payment obligations that arose before termination.

Sections concerning intellectual property, indemnification, limitations of liability, dispute resolution, privacy, confidentiality, and other provisions that by their nature should survive termination will survive.

11. Privacy and Cross-Border Data Processing

Your use of the Service is also governed by the Warm-Hello Privacy Policy, which is incorporated into these Terms by reference.

Personal information may be stored or processed in Canada, the United States, or other jurisdictions where Warm-Hello or its service providers operate.

When personal information is transferred to a jurisdiction outside the individual’s home jurisdiction, Warm-Hello will take reasonable contractual, technical, and organizational measures appropriate to the circumstances to protect the information and comply with applicable privacy laws.

Personal information processed in the United States may be subject to lawful access by U.S. federal, state, or local authorities under applicable U.S. law.

Warm-Hello does not voluntarily disclose personal information to government authorities except where required or permitted by applicable law, valid legal process, or an applicable emergency or safety exception.

Where legally permitted, Warm-Hello will use reasonable efforts to limit government requests to the information legally required and to notify affected individuals when legally permitted and reasonably practicable.

Further information regarding privacy rights, data retention, security, cross-border processing, advertising technologies, and applicable privacy laws is provided in the Privacy Policy.

12. Taxes and Invoicing

Subscription prices are exclusive of applicable taxes unless expressly stated otherwise.

Canadian customers may be charged applicable GST, HST, PST, QST, RST, or other applicable taxes depending on the customer’s jurisdiction.

United States customers may be charged applicable state and local sales taxes.

Applicable taxes may be calculated and collected through Stripe or another payment-processing provider used by Warm-Hello.

Warm-Hello may provide an electronic receipt or tax invoice through email or the customer’s account dashboard.

13. Modifications to the Terms

Warm-Hello may update these Terms from time to time to reflect changes in:

  • Applicable law;
  • The Service;
  • Features;
  • Pricing;
  • Security practices;
  • Business operations; or
  • Other legitimate business requirements.

Where a change is material, Warm-Hello will provide notice by an appropriate method where required by applicable law.

The updated Terms will identify their effective date.

If continued use of the Service after the effective date constitutes acceptance under applicable law, continued use may constitute acceptance of the updated Terms.

If applicable law requires affirmative acceptance of a material change, Warm-Hello will obtain that acceptance.

The version of the Terms applicable to a dispute will generally be the version in effect when the event giving rise to the dispute occurred, unless a later version was expressly accepted by the customer or applicable law provides otherwise.

Prior versions may be retained by Warm-Hello for legal and recordkeeping purposes.

14. Contact, Legal Notices, and Compliance

For general questions, support, billing, privacy, or account matters:

Email: sales@warm-hello.com

For legal notices, privacy requests, CASL/TCPA matters, consumer complaints, or other compliance matters:

10894796 Canada Inc. d/b/a Warm-Hello
Attn: Compliance Officer
53 Lancewood Cres
Brampton, Ontario, Canada L6S 5Y5
Email: sales@warm-hello.com

Warm-Hello may require reasonable information to verify the identity and authority of a person submitting a privacy, account, or legal request.

15. Miscellaneous

15.1 Entire Agreement

These Terms, the Privacy Policy, applicable service-specific terms, and any clickwrap or other acknowledgments accepted during account creation, onboarding, trial registration, or checkout constitute the agreement between you and Warm-Hello concerning the Service and supersede prior agreements concerning the same subject matter.

15.2 Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law or modified to the minimum extent necessary to make it enforceable.

The remaining provisions will remain in full force and effect.

15.3 No Waiver

A failure or delay by either party to exercise a right or remedy does not constitute a waiver of that right or remedy.

15.4 Assignment

You may not assign or transfer these Terms or your rights under them without Warm-Hello’s prior written consent, except where applicable law permits otherwise.

Warm-Hello may assign these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets, or similar transaction, provided the assignee assumes applicable obligations.

15.5 Force Majeure

Warm-Hello will not be responsible for delays or failures caused by circumstances beyond its reasonable control, including telecommunications failures, carrier outages, internet failures, cloud-service outages, natural disasters, acts of government, labor disputes, cyber incidents, power failures, or other events beyond Warm-Hello’s reasonable control.

Nothing in this Section limits liability that cannot legally be excluded.

15.6 No Third-Party Beneficiaries

Except where expressly stated otherwise, these Terms do not create rights for any person who is not a party to these Terms.

15.7 Electronic Communications

You agree that Warm-Hello may provide notices, receipts, account communications, legal notices, and other communications electronically where permitted by applicable law.

You are responsible for maintaining a current email address and other contact information associated with your account.

15.8 Language

These Terms are provided in English.

Where applicable law requires Warm-Hello to provide a French-language version or otherwise restricts the use of English in consumer contracts, Warm-Hello will comply with those requirements.

Nothing in these Terms is intended to waive or restrict mandatory language rights.

15.9 Headings

Section headings are provided for convenience only and do not affect the interpretation of these Terms.

15.10 Interpretation

Words in the singular include the plural and vice versa where the context requires.

The terms “including” and “includes” mean “including without limitation.”

Nothing in these Terms is intended to waive, exclude, or limit a right or protection that cannot legally be waived, excluded, or limited.

Warm-Hello
10894796 Canada Inc.
53 Lancewood Cres, Brampton, Ontario, Canada L6S 5Y5
sales@warm-hello.com