General terms and conditions

of ILOGS companies in the EU, UK and Switzerland
Status: 1 July 2025
 
Web: ilogs.care

Place of fulfilment and jurisdiction: the respective location

1. GENERAL

(2) All deliveries and services provided by ilogs to customers are exclusively based on the following General Terms and Conditions in the version valid at the time of the order.

General terms and conditions of any kind whatsoever that are in conflict with these terms and conditions shall be deemed not to have been included and shall be legally invalid.

1.1 DEFINITION OF TERMS

Explanation of the terms used in these GTC.

a) CUSTOMER: In these GTCs, the term CUSTOMER is used for the following situations:

• CUSTOMER buys JAMES products and services and gives them directly to USERS for use, e.g. care facilities that equip residents with JAMES products and services or companies with lone workers.
• CUSTOMER buys JAMES products and services from ILOGS, sells them on to its own customers and manages them independently in the JAMES ADMIN PORTAL, e.g. emergency call organisations.
• CUSTOMER only buys hardware products (no services) from ILOGS and resells them to its own customers. Does not have access to the JAMES ADMIN PORTAL, e.g. offline and online retailers.

b) ADMINISTRATORmanages and configures purchased JAMES products and services in the James ADMIN PORTAL.

c) SUPPORTERuses the JAMES products and services e.g. wears the JAMES watch.

d) CONTACThas access to individual carer data and can receive alarms and warnings if approved by CLIENT, e.g. family members of the carer: Family members of the cared-for person.

e) EMERGENCY CALL DEVICEThis can be, for example, a watch, a tracker, a smartphone app or other alarm devices offered by ILOGS in the future.

f) ILOGS SupportCustomer service from ILOGS. Support contact details can be found on our webpage ilogs.care.

g) ADMIN PORTALWeb portal via which CUSTOMER can manage EMERGENCY CALL DEVICE, CUSTOMERS and TARIFFS.

h) TARIFFOngoing costs for services.

1.2 CIRCUIT

These GTC govern the purchase and use of ILOGS products and services. These include the JAMES Telecare system, a cloud-based solution consisting of apps, APIs, hardware components, interfaces to third-party systems and services.

1.3 VALIDITY

These GTC apply to ILOGS CUSTOMERS who have purchased JAMES products directly from ILOGS. If JAMES products have been purchased from third party sales partners, the contractual conditions of the sales partners shall apply.

2. ordering, delivery and invoicing

2.1 CONCLUSION OF CONTRACT

A contract is concluded by signing an agreement or by agreeing to these GTC. Orders are placed via a web shop provided by ILOGS or by e-mail to the local ILOGS support e-mail address. The order is binding for the CUSTOMER as soon as it has been confirmed by ILOGS.

2.2 TERMS OF DELIVERY

a) The expected delivery date is announced when the order is confirmed. For goods in stock, this is usually 5 to 10 working days. The CUSTOMER shall be informed immediately of any delays in delivery. The information is without guarantee.

b) For goods that are not in stock at the time of the order by the CUSTOMER, the delivery time can be up to 8 weeks. The expected delivery date will be announced when the order is confirmed, even if the goods are not in stock.

c) If the orders are dispatched by a forwarding agent specified by ILOGS, the shipping costs will be charged to the CUSTOMER. ILOGS endeavours to make delivery as cost-effective as possible.

d) If the CUSTOMER has concluded the contract of carriage himself without using a selection option proposed by us, the risk shall pass to the carrier as soon as the goods are handed over to the carrier.

2.3 TRANSPORT DAMAGE

a) If goods are delivered with obvious damage to the packaging or contents, the CUSTOMER must immediately complain to the delivery agent concerned and refuse acceptance, without prejudice to his warranty rights.

b) ILOGS must be informed of the damage via the respective local contact details so that ILOGS can protect any rights against the manufacturer and the deliverer.

2.4 TERMS OF PAYMENT

a) Prices are based on the price list valid at the time of the order plus all expenses incurred in connection with the dispatch. Unless otherwise agreed, invoicing shall be in euros.

b) Prices are index-linked on the basis of the Austrian Consumer Price Index (CPI) 2021 or the index replacing it. The index figure published for the month in which the contract commences shall form the basis for the value protection calculation. The prices are adjusted annually.

c) The payment term for hardware purchases is 10 days from the invoice date. The invoice date is the same as the dispatch date.

2.5 PROPERTY RESERVE for HARDWARE PURCHASE

If the hardware is purchased from ILOGS, the following conditions apply:

a) ILOGS retains ownership of the delivered services or goods or of the media processed or created by us until all payments arising from the business relationship with the CUSTOMER have been received. If the CUSTOMER resells goods subject to retention of title, he must also pass on the retention of title. The CUSTOMER must notify us immediately of any access by third parties to our goods subject to retention of title. Pledges, transfers by way of security and similar of the goods subject to retention of title are only permitted with our prior consent.

b) If payment is not made immediately after a reminder, the goods subject to retention of title must be returned immediately and ILOGS has the right to cancel the purchase contract. The return costs are to be borne by the

2.6 HARDWARE RENTAL

If the ILOGS hardware is rented, the following conditions apply:

a) The rental object is made available for use against payment of a monthly rent based on the currently valid price list.

b) The billing of the rent (hardware rent, not the tariff) begins with the delivery of the

c) The minimum rental period is 18 months.

d) After expiry of the minimum term, the rental can be cancelled or paused on a monthly basis.

e) The rent is due each month in advance on the delivery date and is automatically extended by a further month as long as the rent is not cancelled or paused after expiry of the minimum term.

f) All rents due for the month will be settled at the end of the month in a collective invoice.

g) A paused rent can be reactivated at any time; the new settlement date is the activation date.

h) After cancellation of the rental agreement, the rental object and accessories may only be returned to ILOGS upon express request; the CUSTOMER shall bear the costs of the return shipment.

2.7 WARRANTY

a) The warranty period for hardware purchases is twelve months from delivery.

b) In the case of hardware rental, the warranty shall remain valid during billed and paid rental periods (there is no warranty for cancelled, paused or unpaid rental periods).

c) Excluded from the warranty are damage to wearing parts (watch glass, watch strap, scratches, etc.) and damage caused by improper handling (e.g. handling with aggressive liquids, improper charging processes).

d) The SIM cards supplied and installed may only be changed with the consent of ILOGS.

e) Any other modifications to the delivered devices are not permitted and will invalidate the warranty.

f) Any defects or incorrect deliveries must be reported to ILOGS in writing (e-mail or letter) immediately after delivery.

CUSTOMER shall bear the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time of discovery of the defect and the timeliness of the notice of defect.

2.8 DEFECT REPORTING, ANALYSIS AND REPLACEMENT

For CUSTOMERS who purchase JAMES products and services from ILOGS and support their customers themselves, the following additional regulations apply to defect reporting, analysis and replacement within the warranty period:

a) Defects that only occur during operation must be analysed by the CLIENT and reported to ILOGS in accordance with ILOGS specifications, including the results of the analysis.

b) If the defective goods are an EMERGENCY CALL DEVICE, the CUSTOMER shall mark this in the ADMIN PORTAL with the status "Maintenance" and if the CUSTOMER does not change this status within one month, the EMERGENCY CALL DEVICE shall be decommissioned by ILOGS and thus rendered unusable in the long term.

c) ILOGS analyses the reported defects remotely within one month. At the request of ILOGS, CUSTOMER supports ILOGS in analysing the defects as part of its burden of proof (e.g. by video call or by sending videos or pictures by e-mail). CUSTOMER will only send defective goods to ILOGS for further analysis upon express request.

e) If the CUSTOMER refuses to provide the requested support for the defect analysis, the warranty case will not be recognised by ILOGS.

f) ILOGS informs CUSTOMER about the analysis result and recognised warranty cases are either returned repaired or exchanged with new or as good as new devices by ILOGS with the next billing run at the end of each month.

2.9 JAMES TARIFFS

Tariffs via webshop

If the tariff is activated via the JAMES Webshop, the tariff will be charged for the first time 30 days after activation and then, depending on the selection, monthly or annually on the date of the first charge.

For B2B customers, however, ILOGS recommends setting up a business account to use the ADMIN PORTAL to manage the tariffs and receive a monthly collective invoice, as described below:

Tariffs via admin portal

If the CUSTOMER manages the tariffs himself via the ADMIN PORTAL, the following conditions apply:  

a) The monthly tariff is charged to the CUSTOMER after activation of the respective tariff for the respective person being cared for in the ADMIN PORTAL (e.g. when an emergency call device is activated, a tariff is automatically activated).

b) The monthly tariff is due each month in advance on the activation date, is limited to one month and is automatically extended by a further month on the activation date if it is not cancelled.

c) All tariffs due for a month are invoiced at the end of the month in a collective invoice.

d) The monthly tariff can be cancelled at any time in the ADMIN PORTAL and will no longer be due on the next due date.

e) If the last due date in this month has been exceeded before a tariff cancellation and is therefore due, the tariff will be charged one last time with the next monthly or collective invoice.

f) EMERGENCY CALL DEVICES undergoing maintenance for analysis will not be charged. For this purpose, defective EMERGENCY CALL DEVICES must be set by the CUSTOMER in the ADMIN PORTAL to the status "Maintenance" can be set. The same cut-off date applies here as for cancellation.

g) The payment term for tariffs is 10 days from the invoice date.

3. USE

It is strongly recommended that you read the relevant user instructions and service descriptions before using our products and services. Should any uncertainties arise, we can be contacted under our local contact details for clarification.

3.1 OUR SERVICES

a) JAMES is a technical system for call support that notifies a call centre and/or a number of CONTACTS when an alarm is triggered by the CAREGIVER. If necessary, the geographical position of the CAREGIVER can be queried, provided that the EMERGENCY CALL DEVICE is technically accessible and a position can be determined.

b) The system also offers the possibility for CAREGIVERS and CONTACTS to communicate with each other.

c) ILOGS reserves the right to change or extend the functions without prior notice.

d) ILOGS reserves the right to withdraw products from the market or discontinue services for technical or other reasons. ILOGS will communicate such measures at least six months in advance.

3.2 TECHNICAL LIMITATIONS

ILOGS services can only be guaranteed if all the services involved function properly. For example, the following requirements apply to the smooth functioning of our mobile EMERGENCY CALL DEVICES:

a) EMERGENCY CALL DEVICE is switched on.

b) Use in the regions authorised for the SIM card used with the restrictions listed under MOBILFUNK.

c) Network reception available and functioning telephone connection to the mobile phone network.

d) Alarm contacts and/or call centre must be configured and accessible in the system.

e) The position of the EMERGENCY CALL DEVICE is determined using location-based services (LBS) such as GPS or WIFI triangulation. The accuracy here also depends on the current availability of the localisation technologies used.

f) ILOGS regularly checks the functionality of the system, but cannot rule out short-term interruptions in operation or inaccurate localisation due to the above-mentioned points.

g) Any vital signs measured are rough guide values and cannot be used for medical purposes.

3.3 MOBILE RADIO

ILOGS EMERGENCY CALL DEVICES are supplied with roaming SIM cards. The following restrictions apply to the SIM cards used:

a) The SIM cards are only authorised for use in the following regions: EU, UK, Switzerland.

b) Incoming calls are free of charge on our SIM card, but there may be additional charges from the service provider of the calling phone (e.g. smartphone, landline, IP phone).

c) If the SIM card is misused, it is automatically blocked and the EMERGENCY CALL DEVICE can no longer be used. The following points count as misuse:

    i) SIM card is used outside the authorised regions.

    ii) SIM card is removed from the EMERGENCY CALL DEVICE and used elsewhere (e.g. a smartphone).

    iii)The consumption in one month exceeds 5 times the normal monthly maximum consumption of the EMERGENCY CALL DEVICES. The normal maximum consumption per month is: 30 minutes of outgoing calls, 30 text messages and 50 MB of data.

    iv)The SIM card calls chargeable numbers (e.g. due to incorrect configuration of the EMERGENCY CALL DEVICE in the ADMIN PORTAL by the CUSTOMER).

d) The CUSTOMER shall be informed of the cancellation of the SIM card by e-mail.

3.4 REGULAR REVIEW

Users of the system are required to regularly check points 3.2 and 3.3 as follows:

a) Network reception of the clock

b) Display of the last connection to the emergency call device via ADMIN PORTAL or app

c) Test call or test alarm of the JAMES device once a week

3.5 HEALTH

Current studies recommend a minimum distance of 15 cm between the EMERGENCY CALL DEVICE with a GSM module and a cardiac implant/cardiac pacemaker.

3.6 OBLIGATIONS OF THE CUSTOMER

The customer is obliged,

a) to notify us immediately of any changes to the stored contract data.

b) to ensure that no manipulations are carried out on the EMERGENCY CALL DEVICES.

c) ensure that the technical restrictions according to (3.2 and 3.3) are checked regularly.

d) ensure that the EMERGENCY CALL EQUIPMENT is worn and used correctly and that contact with dirt and dust is avoided as far as possible.

e) ensure that the battery of the EMERGENCY CALL DEVICE is sufficiently charged.

f) not to misuse access to the services or the services themselves.

g) not to make any calls to chargeable numbers.

h) CUSTOMER is obliged to inform the SUPPLIER and its CONTACTS about all obligations under this point and about the scope of services of the ILOGS products.

ILOGS reserves the right to take legal action in the event of a breach of the above conditions. In addition, the CUSTOMER is hereby held liable for all costs or damages incurred and/or possible claims by third parties.

4. MISCELLANEOUS

4.1 DATA PROTECTION

a) The legal basis for the processing of data results from the fulfilment of the contract in accordance with Art. 6 para. 1 lit. b GDPR.

b) The purpose of data processing is the fulfilment of the contract in question. The data transferred to ILOGS is a prerequisite for the provision of services, e.g. the forwarding of data in the event of an alarm.

c) ilogs healthcare GmbH, Krone Platz 1, 9020 Klagenfurt am Wörthersee, Austria, is responsible for data processing.

d) The data is managed in a secure data centre in the EU.

e) If the CUSTOMER is the data controller in accordance with the GDPR, the CUSTOMER is required to conclude a DPA (data processing agreement in accordance with the GDPR) with ILOGS.

f) If you have any further questions about data protection, please contact us at: datenschutz@ilogs.care

g) Further information on the processing and storage of data can be found in our Privacy policy (at: https://ilogs.care/privacy).

4.2 EXCLUSION OF LIABILITY

a) ILOGS excludes any liability for damages of any kind, to the extent permitted by law. The maximum amount of damages to be paid is limited to the amount agreed as the purchase price of the delivered EMERGENCY CALL EQUIPMENT.

b) ILOGS is only liable for breach of contractual or pre-contractual obligations, in particular due to impossibility, delay, etc., in the event of financial loss in cases of intent or gross negligence. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction.

c) In the event of slight negligence, ILOGS is only liable for personal injury.

d) ILOGS is not liable for indirect damage, loss of profit, loss of interest, failure to make savings, consequential damage and financial loss, damage arising from third-party claims or for the loss of data and programmes and their recovery. Compensation for (consequential) damages, as well as other property damage, financial losses and damages of third parties against the CUSTOMER, unless it is a consumer transaction, is excluded.

b) In particular, ILOGS is not liable for force majeure and transmission errors for which it is not responsible.

c) ILOGS is not liable for failure to check the technical restrictions (point 3.2.)

d) Furthermore, ILOGS is not liable for faults that are the responsibility of the telephone company or a contracted service and the general network coverage and availability of the EMERGENCY CALL DEVICES used and the telephones of CONTACTS.

e) The customer uses the EMERGENCY CALL DEVICE at his own risk. If the customer has purchased the EMERGENCY CALL DEVICE including SIM card, the mobile phone contract is an integral part of this contract. ILOGS is not responsible for the deactivation, disruption or restriction of mobile phone services by the mobile phone operator outside of improper use (point 3.3) and this has no effect on the claims arising from these terms and conditions.

f) Claims for damages by business CUSTOMERS shall become time-barred within one year of knowledge of the damage and the damaging party.

h) The exclusion of liability also includes claims against employees, representatives and vicarious agents of ILOGS due to damage caused by them to the CUSTOMER - without reference to a contract on their part with the CUSTOMER.

Damage caused by improper measures or measures contrary to the contract on the part of the customer during installation, connection, operation or storage do not constitute grounds for a claim against ilogs. The impropriety and lack of conformity are determined in particular by the manufacturer's specifications.

4.3 SEVERABILITY CLAUSE

a) Should individual parts of these GTC be invalid, this shall not affect the validity of the remaining parts.

b) ILOGS, like the entrepreneurial CUSTOMER, undertakes to jointly agree on a replacement provision that comes as close as possible to the economic result of the invalid condition, based on the horizon of honest contracting parties.

4.4 APPLICABLE LAW AND PLACE OF JURISDICTION

The contracting parties agree that Austrian law shall apply. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. The place of jurisdiction is the respective address of the ILOGS location.

4.5 COPYRIGHT

All news, graphics and the design of the ILOGS website are intended solely for the personal information of our CUSTOMERS. Use is at your own risk. All data on this website is protected by §4 and §87a ff. of the German Copyright Act. Reproduction, copying and printing of the entire website is only permitted for the purpose of placing an order with ILOGS. Any reproduction, distribution and/or public reproduction beyond this exceeds normal use and constitutes an infringement of copyright.