(Version 1.0)

Last Updated: July 2026

These Product Terms and Conditions (“Terms”) constitute a legally binding agreement between the end-user (“User”) and Neera Technologies Private Limited (“Fettle”/ "Company”/ " We”/ "Us”). These Terms govern the hardware device (“Device”), embedded firmware, and the associated mobile application, notification services and the software components (collectively, the “System”).

1. LIMITED WARRANTY AND REMEDIES

1.1 Warranty Period: Subject to the other terms and conditions contained in these Terms or in any other document executed between the User and Fettle, Fettle warrants to the original purchaser (“Purchaser”) that Fettle shall make best efforts to ensure that Device is free from defects in materials and workmanship under normal use for a period of 12 (Twelve) months from the date of original retail purchase (“Warranty Period”). 

1.2 Exclusions: This warranty does not apply to:

1. Damage caused by accident, abuse, misuse, liquid contact (beyond specified splash resistance), or fire;
2. Damage caused by operating the Device outside Fettle’s published guidelines (including temperature and power input specifications);
3. Damage caused by service or modifications performed by anyone who is not an authorized representative of Fettle;
4. Cosmetic damage or normal wear and tear;
5. Damage resulting from the use of non-standard, low-quality, or third-party chargers and USB-C cables;
6. Damage resulting from use of Device in combination with any other device or software not approved by Fettle. 

1.3 Sole Remedy: If a hardware defect arises and a valid claim is received within the Warranty Period, Fettle will, at its sole option, either (i) repair the hardware defect using new or refurbished replacement parts, or (ii) exchange the product with a new or refurbished unit. 

1.4 Claim Process: To initiate a claim, the Purchaser must contact support@fettlecare.com and provide valid proof of purchase. Fettle reserves the right to reject claims that are invalid, unsubstantiated with evidence, fraudulent, misleading, false and/or not included in these Terms.

2. OPERATIONAL SPECIFICATIONS AND LIMITATIONS

2.1 Power Management: The Device requires regular charging. While battery life is estimated at 40–48 hours when fully charged, actual performance is subject to Wi-Fi signal strength and physical activity levels. Daily charging is recommended to ensure continuous monitoring. 

2.2 Environmental Constraints:

• Water Resistance: The Device is splash-resistant (e.g., rain and hand washing) but is not waterproof. It must be removed for swimming, bathing, submersion, water sport activities, washing or for any activity involving exposure to water. Warning: Do not connect the Device to a power source if the charging port or device is damp.
• Temperature: Operation is limited to -10°C to 45°C. Exposure to temperatures outside this range may cause permanent battery degradation or circuit failure. 

2.3 Input Requirements: Charging requires a 5V Standard USB-C input. Use of substandard power adapters may damage the charging module and voids the warranty.

3. MANDATORY MAINTENANCE AND TESTING

3.1 User Responsibility: The System's efficacy is contingent upon the User’s adherence to maintenance protocols. The User is responsible for performing a Weekly Health Check of the Device. 

3.2 Verification: Users must verify that the Center LED is Solid Blue. If the Left Red LED (No Wi-Fi) or Right Red LED (Low Battery) is illuminated, the System is non-functional, and alerts will not be transmitted.

3.3 Network Integrity: Any modification to the User’s local network (e.g., router replacement, SSID change, or password update) requires immediate reconfiguration and testing of the Device.

4. SOFTWARE UPDATES AND FIRMWARE INTEGRITY

4.1 Firmware: Fettle may push critical firmware updates. Failure to install these updates may result in sensor inaccuracies, increased false alarms, or a total failure to communicate with Fettle servers. Fettle does not undertake any liability to provide firmware updates beyond 5 (five) years from the date of manufacture of the device.

4.2 App Compatibility: The Fettle App (Android/iOS) must be kept updated with latest versions. Older OS versions may experience configuration errors, "Feature Lockout," or security vulnerabilities. Fettle disclaims liability for malfunctions arising from the use of outdated software or incompatible smartphone hardware.

5. ALERT SYSTEM DYNAMICS AND LATENCY

5.1 The Alert Sequence: Upon fall detection and the expiration of the cancellation window, the Device utilizes the local Wi-Fi network to signal the Fettle Secure Server, which then initiates sequential automated voice calls to designated SOS contacts. 

5.2 Latency: Under optimal conditions, total latency from event to phone call is approximately 10 to 15 seconds in case of manual 1-press alert system, and approximately 20 to 30 seconds in case of fall detection alert system. The User acknowledges that latency is subject to fluctuations in local Wi-Fi and global telecommunications networks. The latency stated out hereinabove is only indicative and not final, and the User acknowledges that Fettle does not guarantee the promptness of the device. The phone call is dependent upon multiple factors, including but not limited to the receiving user’s phone availability, network provider’s availability, phone condition, internet availability, geographical location, among others. The User acknowledges the above and understands that Fettle cannot ensure that third party dependencies are compliant with the device’s optimal requirements.

6. CRITICAL DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 Not a Medical Device: The Fettle System is an alert device and is NOT a replacement for professional medical monitoring or emergency services (e.g., 100/112/911/999). Fettle neither holds or requires any authorization, license, registration, approval or consent from any medical agency, association, board or authority. 

6.2 No Guarantee of Detection: The User acknowledges that no fall-detection system is 100% reliable. Detection may fail due to:

1. Impact forces below the G-force threshold;
2.  Movement during the 7-second analysis window;
3. Device power depletion or hardware damage;
4. ISP or Wi-Fi outages. 

6.3 Third-Party Dependencies: Fettle’s services are dependent on third-party infrastructure (e.g., AWS/Google Cloud, Twilio/Vonage, and ISP providers). Fettle shall not be liable for any service interruptions caused by actions, inactions, fault, error, these third parties, electromagnetic interference, or extreme weather conditions. 

6.4 Limitation of Liability: To the maximum extent permitted by law, Fettle shall not be liable for any personal injury, death, or incidental damages resulting from the failure of the Device to detect a fall or transmit an alert. Fettle shall not be liable for any direct, indirect, remote, consequential, special, or punitive damages arising out of or in relation to the use of the Fettle System. User acknowledges and accepts that Fettle’s entire liability to the User or Purchaser (either in tort or otherwise) shall at all times be limited to the maximum retail price of the Device at the time of purchase by the Purchaser.

7. PROHIBITED USES AND RESTRICTIONS

7.1 Restrictive Covenants: The User shall not, and shall not permit any third party to:

1. Reverse Engineering: Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Device’s firmware or the Software.
2. Modifications: Modify, translate, or create derivative works of any part of the System.
3. Interoperability: Use the System in conjunction with any third-party hardware or software not explicitly authorized in writing by Fettle. Any "mixing" of the System with unauthorized technology is at the User’s sole risk and voids all warranties.
4. Sublicensing: Rent, lease, distribute, or use the System for commercial time-sharing or service bureau use.

8. SOFTWARE UPDATES AND MODIFICATIONS

8.1 Mandatory Updates: Fettle may, from time to time, develop patches, bug fixes, and other updates ("Updates"). The User consents to Fettle remotely deploying these Updates without further notice. 

8.2 Critical Dependency: The User acknowledges that the System’s safety features are contingent upon the installation of the latest Updates. Failure to update the Software or the Device firmware may render the System non-functional or significantly degrade detection accuracy. Fettle disclaims all liability for incidents arising from a User’s failure to maintain the most current version of the System.

9. INDEMNIFICATION BY CUSTOMER

9.1 Scope: The User agrees to indemnify, defend, and hold harmless Fettle, its affiliates, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from:

1. The User’s breach of these Terms;
2. Negligent maintenance;
3. Use of the System in a manner not intended by the documentation;
4. Any third-party claims arising from the failure of the System to detect a fall event when such failure is linked to the User's environment (e.g., Wi-Fi outage).

10. DETAILED EXCLUSION AND LIMITATION OF LIABILITY

10.1 Exclusion of Consequential Damages: To the maximum extent permitted by applicable law, Fettle shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of life, personal injury, emotional distress, or loss of data, even if Fettle has been advised of the possibility of such damages. 

10.2 Cap on Liability: In no event shall Fettle’s aggregate liability arising out of or related to this Agreement, whether in contract, tort (including negligence), or otherwise, exceed the total amount actually paid by the User for the specific Device giving rise to the claim. 

10.3 Essential Purpose: The parties agree that these limitations are fundamental elements of the basis of the bargain between Fettle and the User, and that Fettle would not be able to provide the System at the current price point without such limitations.

11. GOVERNING LAW AND JURISDICTION

11.1 Governing Law: These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. 

11.2 Jurisdiction and Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to this Agreement shall be dealt with exclusively by the courts situated at Lucknow, Uttar Pradesh. Any matters arising under this Terms or from the Fettle System shall be subjected exclusively to courts situated at Lucknow, Uttar Pradesh.

12. DATA PROTECTION AND PRIVACY

12.1 Notice of Data Collection: In accordance with the Digital Personal Data Protection Act, 2023 (“DPDPA”), the User is hereby notified that Fettle (the “Data Fiduciary”) collects, processes, and stores personal data including, but not limited to: name, contact details, real-time geolocation, motion/accelerometer data (G-force), and emergency contact information (collectively, “Personal Data”).

12.2 Grounds for Processing:

1. Consent: By activating the System, the User provides free, specific, informed, unconditional, and unambiguous consent to the processing of Personal Data for the primary purpose of fall detection and emergency notification.
2. Legitimate Uses: Processing may also occur for the prevention of fraud, ensuring network security, and compliance with legal obligations.

12.3 Data Storage and Retention: Personal Data shall be stored on secure cloud servers (e.g., AWS/Google Cloud). Fettle shall retain Personal Data only for as long as the User’s account is active or as necessary to fulfill the "Specified Purpose," after which the data shall be erased or anonymized unless retention is required by law.

12.4 Data Principal Rights: Pursuant to the DPDPA, the User (as the “Data Principal”) possesses the following rights:

1. Right to Access: To receive a summary of Personal Data being processed.
2. Right to Correction/Erasure: To rectify inaccuracies or request the erasure of data no longer necessary for the Specified Purpose.
3. Right of Grievance Redressal: To address grievances through the Fettle Grievance Officer (see Clause 12.6).
4. Right to Withdraw Consent: The User may withdraw consent at any time; however, such withdrawal will immediately render the fall-detection services non-functional.

12.5 Data Security: Fettle employs technical and organizational measures (including encryption and access controls) to protect Personal Data against "Personal Data Breaches" as defined under the Act. In the event of a breach, Fettle shall notify the Data Protection Board and affected Users as prescribed.

12.6 Grievance Officer: For any queries regarding data processing or to exercise statutory rights, the User may contact our designated Grievance Officer at privacy@fettle.com.

13. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

13.1 Ownership: The User acknowledges that Fettle retains all right, title, and interest in and to the System, including all software, firmware, trade secrets, patents, and trademarks. No license, express or implied, is granted except for the limited right to use the System for its intended purpose in compliance with these Terms. User disclaims all rights in and to the Device or System or any components of it. Fettle’s use of the User’s date for the purpose of giving access to services on the System does not give the User  any right or claim in and to the System, any components of it or to the derived data made as a result. 

13.2 No Mixing/Interoperability: The Software is designed to function exclusively with Fettle-branded hardware. Use of the Software with unauthorized third-party hardware or reverse engineering the communication protocols between the Device and the Server constitutes a material breach of this Agreement and may result in immediate termination of service and legal action.

14. FORCE MAJEURE

14.1 Non-Performance: Fettle shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: acts of God, telecommunication network failures, internet service provider (ISP) outages, cloud hosting downtime (e.g., AWS/Google Cloud outages), electrical storms, solar flares causing electromagnetic interference (EMI), or disruptions in third-party telephony APIs (e.g., Twilio/Vonage).

15. ACCEPTANCE AND SIGNATURE

By accepting these Terms, the User hereby enters into a binding agreement with Fettle. User acknowledges that the User is entering into this agreement out of its own volition and shall not act in a manner detrimental to the Terms. If the User disagrees with the Terms, or any part hereof, the User is advised to cease immediately from accessing the Website or Fettle System in any manner.