Our conditions of trade and delivery
Conditions of trade and delivery for Otiom
Otiom is a localisation product targeted at people with dementia, which only locates them when needed. A person with dementia is not monitored all the time, but only when necessary. The Otiom device comes with a wireless charger and a home base. When you receive Otiom, you can set a geographical and time-limited comfort zone via the app. You can also create a helper list on the app, which is a list of the people who can step in if the comfort zone is exceeded. Otiom is supplied by Otiom A/S.
The conditions are divided into 3 sections:
A. General terms and conditions, including those for Otiom.
B. Payment and subscription terms and conditions
C. Terms and conditions for the Otiom software.
In the following, the Otiom hardware is called the “Otiom device”, while the application for the Otiom device is called the “App”.
Delivery of Otiom is solely on the basis of these terms and conditions of sale and delivery which are binding for all deliveries between the parties. The conditions apply to the use of Otiom and of the associated software, including the app.
A. General terms and conditions including those for Otiom.
1. Entering into a contract
A contract on the purchase or subscription of Otiom is entered into by sending the order confirmation. Until you have seen the order confirmation, Otiom A/S can revoke the submitted statements.
Unless otherwise stated or agreed upon, delivery time is approximately 3 days. The Otiom device is sent by a recognised carrier and is delivered to the address that you have given on the order. Delivery of goods is considered as complete when the Otiom device comes into your possession.
You have a 2-year warranty for defects in accordance with the provisions of the Danish Sale of Goods Act. You must give Otiom A/S written notification of the defect within a reasonable time after you have discovered the defect. Notification of the complaint must be sent to those listed in the contact details in point 9.
4. The right of cancellation and return
According to the Danish Consumer Protection Act, as a consumer, you have the right to cancel and return the Otiom device within 14 days after you receive it. If you want to cancel the purchase or subscription, you must make Otiom A/S expressly aware that you want to cancel the purchase within 14 days from receipt of the Otiom device.
You can send a notification to those listed in the contact details in point 9, or you can use the standard cancellation form available here.
If Otiom A/S receives notification of cancellation more than 14 days after the Otiom device came into your possession, you lose the right of cancellation.
The Otiom device - including the wireless charger and the Otiom base - must be returned within 14 days of the date on which you notified Otiom A/S that you wished to exercise your right of cancellation. These should be sent to the address specified in provision 9.
You will bear the costs associated with returning the Otiom device. This also applies if you do not collect Otiom at the correct time. You bear the risk if Otiom is damaged or accidentally lost during the return transport.
If your testing of the Otiom device goes beyond what is necessary to start using it, you are liable for any reduction in the value of the Otiom device. The right of cancellation is maintained, but Otiom A/S is entitled to offset the reduction in the amount repaid.
In the case of cancellation of a subscription, the subscription payment is returned to your account within 14 days of the date you announced the cancellation of your purchase. Otiom A/S reserves the right to withhold the purchase price of the Otiom device until the Otiom is received or until you have presented clear evidence that the Otiom device has been returned.
Otiom A/S is entitled to offset the above costs against the subscription payment.
5. Limitation of liability
Otiom A/S’ liability to compensate for a defective Otiom device is limited to the invoice price, and the liability to compensate does not include, under any circumstances, indirect losses, such as loss of production, loss of time, or other similar losses.
The Otiom device uses the IoT network. If there are faults or failures in the network, or if an Otiom device is located in an area where there is no or low coverage, Otiom A/S is not liable for this as Otiom A/S cannot provide better coverage/stability than what the operators have provided Otiom A/S.
6. Force majeure
Otiom A/S is not liable to compensate for non-compliance with Otiom A/S’ obligations if Otiom A/S can demonstrate that this is due to an obstacle outside of Otiom A/S’ control, such as, but not limited to, war, war-like situations, fire, server crashes, failures or disruptions in the IoT network, hacker attacks, etc.
7. Product information
The technical specifications of the Otiom device are indicative, and Otiom A/S assumes no responsibility for errors in this material. All information and data contained in this material is binding only to the extent expressly agreed between the Parties.
8. Applicable law and arbitration
Any disputes that arise regarding deliveries from Otiom A/S shall be settled under Danish law, but not Danish rules of private international law. All disputes that arise regarding deliveries from Otiom A/S will be decided finally by the district court in Aalborg.
9. Contact details
Alfred Nobels Vej 21A
Company Reg. No. 40 11 54 20
Any complaints can be sent to Otiom A/S, who will answer and process them as soon as possible. In the absence of an amicable solution, a complaint may be submitted to the Danish Competition and Consumer Authority. Complaints regarding an Otiom device purchased from Otiom A/S can be sent to:
The Danish Competition and Consumer Authority.
Carl Jacobsens Vej 35
B. Payment and subscription terms
11. Continuous subscription
When you buy Otiom on a subscription, you pay a fixed monthly subscription of DKK 299 incl. VAT per Otiom device. The subscription is continuous and is paid monthly in advance. It continues until it is either paused or terminated, unless otherwise agreed on execution of the purchase.
The subscription amount covers a licence for the Otiom device and the Otiom software. You must be at least 18 years old to buy a subscription.
12. Use of payment cards
Upon acceptance of the conditions, you consent to payment being deducted from the specified payment card. You will be charged the subscription amount for the first time upon contracting, and at the earliest upon shipment of the Otiom device.
You can pay with Dankort, VISA or MasterCard. In the event of late payment, interest will be added according to the Late Payment of Commercial Debts (Interest) Act with Danmarks Nationalbank’s official lending rate +7% p.a. You are responsible for keeping the card details updated so that the subscription fee can be deducted.
If your payment card expires soon or has expired, you can enter your new card number on otiom.com on your profile. Your card details are handled and stored by Reepay, and we have no access to them.
Data that you send when using a payment card is encrypted (SSL), and only payment service PBS can read it.
13. Proof of payment of the subscription
When you subscribe, you will receive a receipt by e-mail, which is the receipt for the purchase. You can always find the receipt in the profile that you created in connection with your purchase on Otiom.com.
14. Terminate a subscription
The subscription can be terminated, in writing, with 30-days’ notice to the end of a month. The subscription can be terminated by using the contact form on Otiom.com or by contacting Otiom A/S in accordance with the contact details listed in point 9.
Upon termination, you are required to return all Otiom devices including other equipment such as wireless chargers and Otiom bases, to Otiom A/S, within 14 days of the termination period.
15. Retention of title and the environment
The Otiom device is sold with retention of title. You must, therefore, return the Otiom device with the associated equipment when the subscription is terminated. Otiom A/S is entitled to take the product sold back if you - totally or partially - default on your payment obligation.
We recycle as much as possible of the Otiom device in the production of new devices to protect the environment.
16. Cash purchases
Purchases of Otiom can also be made in cash, with Dankort, VISA or MasterCard. The amount is deducted when Otiom is shipped. The price is DKK 2,999 incl. VAT and covers a starter kit consisting of an Otiom device, a wireless charger and a home base, as well as the Otiom software. It includes a data subscription, one year of free software updates and a one-year security guarantee. After the first year, the data subscription costs DKK 199 a year.
C. General conditions of the application
17. Background and purpose
Presented below are the conditions for Otiom A/S’ provision of the Otiom software. Otiom’s function is, as listed in point 1, to locate when required. To take advantage of location services, Otiom A/S has developed an App that can locate the Otiom device.
Unless otherwise expressly stated, the following definitions apply in these conditions:
“Conditions” means these conditions with the appendices, as well as any written changes to the Conditions.
“Contract Period” means the term of the contract - that is, from its conclusion and until the end of the notice period.
The “App” refers to the application for the Otiom device, which is available on the App Store and Google Play.
“Business Day” means any business day, except weekends and bank holidays in Denmark.
“Confidential Information” means:
(a) Information provided by, or on behalf of, one Party to the other Party during the Contract Period, as at the time of release:
- was marked as “confidential” or
- which should reasonably be regarded as confidential by the other Party,
(b) Otiom A/S’ software code - including but not limited to - object code, temporary code, source code, documentation and training materials.
“Intellectual Property Rights” means database rights, trade secrets, know-how, business logos, trademarks, source and object code, as well as documentation for the source code.
“Force Majeure Event” means an event or series of related events that are beyond the affected Party’s reasonable control, including, among other things, faults with the Internet or a public telecommunications network, hacker attacks, service attacks, viruses or other malicious software attacks or infections, power outages, server crashes, labour disputes affecting third parties, legislative changes, disasters, explosions, fire, floods, riots, terrorist attacks or war.
“Update” means hotfix, patch (updated program version) or a minor version update to the App and/or to other IT systems that the App interacts with.
“Upgrade” means a major version upgrade to the App.
“Maintenance Services” means the usual maintenance of the App.
“Opening time” means the period from 8 am to 4 pm on a working day.
19. Duration and termination
The conditions shall enter into force on the date of purchase and shall continue until the contract is terminated.
Termination of the App follows the same rules as the Otiom device, see point 14. After the termination period, the App will no longer be available to the Customer.
20. Licence for Otiom
Otiom A/S grants you a non-exclusive licence to use the App. The licence may only be used by you, associated caregivers or other persons authorised to locate the Otiom device.
Otiom A/S ensures an acceptable level of service with respect to the availability of the App, as well the Otiom device, including in terms of uptime, coverage, etc. Otiom A/S cannot ensure and provide a better service than the level of service that the hosting providers, telecommunication operators, etc., have guaranteed Otiom A/S.
You may not use the App in a manner that causes or may cause damage to the App or the Otiom device or impair the presence or availability of these, or for illegal activity or in such a way that it violates a third party’s rights, including intellectual property rights.
You may not reverse engineer the Otiom device or the App or otherwise acquire the software code to do it. This prohibition applies both during and after the expiry of the Contract Period.
Otiom A/S is entitled to suspend your access to the App if the amount you owe Otiom A/S, in accordance with these conditions, is overdue for payment, and Otiom A/S has given you at least 10 days written notice.
21. Maintenance Services and upgrades
Otiom A/S is entitled to perform Maintenance Services on the App which Otiom A/S deems necessary. Otiom A/S shall, to a reasonable extent, keep you informed of any scheduled Maintenance Services if the service will affect the availability of the App significantly. Otiom A/S shall, if possible, schedule such Maintenance Services outside normal working hours unless the service will not affect the availability of the App significantly.
Otiom A/S is also entitled to make upgrades to the App. Otiom A/S must give you written notice of any upgrade within 10 days prior to its implementation, which happens automatically. You cannot object to an upgrade or Maintenance Service.
22. Support services
You can request support from Otiom A/S during opening hours. The request can be made at www.otiom.com.
23. Further development
If Otiom A/S makes further developments of the App on the basis of your request, Otiom A/S owns all the Intellectual Property Rights to the further development.
24. Data protection
You may not assign your obligations under these conditions to a third party without Otiom A/S’ prior written consent. Otiom A/S is entitled to assign its rights and obligations to third parties, including a sister company or subsidiary.
26. Restrictions and disclaimers
Otiom A/S shall not be liable, in any respect, for your direct or indirect losses, including economic loss and loss of data or consequential damages.
Otiom A/S cannot be held liable for force majeure events, and Parties cannot terminate the contract unless force majeure events have not ceased within 3 months of being ascertained. In that case, the Customer is entitled to terminate the contract with 30 days’ written notice.
You acknowledge that the App is a complex software system, and that complex software systems are never entirely free from bugs or programming errors. Otiom A/S cannot be held responsible for any bugs or faults with the App or in any other IT system which interacts with the App. Therefore, you cannot claim a proportional reduction or make other defect remedies applicable to Otiom A/S.
You acknowledge that complex software is never entirely free of vulnerability in terms of security. Otiom A/S has taken the necessary and adequate security measures in its IT structure. Otiom A/S cannot be held liable for data security breaches in addition to the responsibility that Otiom A/S already has independently undertaken in relation to the General Personal Data Regulation (GPDR). Therefore, you cannot claim a proportional reduction or make other remedies applicable to Otiom A/S.