MEDICAL GUARDIAN, LLC

1. About This Agreement

This Terms and Conditions Agreement (“Agreement”) is a legally binding contract between you (“Customer,” “Member,” “you,” or “your”) and Medical Guardian, LLC and its affiliated entities (collectively, “Medical Guardian,” “Company,” “we,” “us,” or “our”), a Delaware limited liability company with principal offices at 1818 Market Street, Suite 1200, Philadelphia, PA 19103.

This Agreement governs your access to and use of:

• The Medical Guardian website located at www.medicalguardian.com and all associated subdomains, mobile applications, and digital properties (collectively, the “Site”)
• Medical Guardian hardware devices, including Guardian Flex, Guardian Pulse, Classic Guardian, Home Guardian, Mobile Guardian, Active Guardian, and any future devices (collectively, “Devices”)
• Medical Guardian membership plans, including 24/7 emergency monitoring, the Medical Guardian Member Portal, caregiver app, fall detection, health insights, and all connected care features (collectively, “Services”)
• Any promotional programs, including Refer-a-Friend, health plan partnerships, employer benefit programs, and affiliated third-party integrations

By accessing the Site, activating a Device, enrolling in a membership, or otherwise using any Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, which is incorporated herein by reference. If you are accessing or using Services on behalf of another individual, you represent that you have authority to bind that individual to these terms.

2.1 Age & Legal Capacity

To access the Services, you must be at least 18 years of age and have the legal capacity to enter into a binding contract. If you are a minor in your jurisdiction, you may not use the Services without a parent or legal guardian’s express consent, supervision, and agreement to be bound by this Agreement on your behalf. Medical Guardian reserves the right to terminate any account it reasonably believes belongs to a minor accessing Services without required consent.

2.2 Geographic Restriction

The Services are intended solely for individuals residing within the United States. Medical Guardian makes no representation that the Devices, Services, or Site content are appropriate, available, or legally permitted for use in locations outside the United States. By using the Services, you represent that you are located in the United States. Accessing the Services from territories where their contents are illegal is prohibited, and you accept full responsibility for compliance with all applicable local laws.

2.3 Account Creation & Accuracy

To use certain Services, you will need to create an account through the Medical Guardian Member Portal. You agree to: (a) provide accurate, current, and complete information at registration and maintain that information promptly as it changes, including emergency contact information; (b) keep your login credentials strictly confidential and not share your account with third parties; and (c) notify Medical Guardian immediately at support@medicalguardian.com of any unauthorized use or suspected compromise of your account. Medical Guardian is not liable for any loss or damage arising from your failure to maintain account accuracy or safeguard your credentials.

2.4 Authorized Representatives & Caregiver Accounts

If you are enrolling on behalf of another individual (e.g., a parent, spouse, or care recipient), you represent and warrant that: (a) you have full legal authority to bind that individual to this Agreement; (b) all information you provide on their behalf is accurate; and (c) you are authorized to make decisions regarding their Services, including emergency contacts, membership tier, and Device settings. Caregiver access through the Medical Guardian app is subject to the Member’s express authorization and applicable privacy laws. Caregivers with portal access remain bound by the confidentiality and prohibited use provisions of this Agreement.

3.1

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3.2 24/7 Emergency Monitoring Services

Medical Guardian’s 24/7 monitoring services consist of trained monitoring personnel (“Personnel”) receiving signals from your Device and notifying the emergency responders, agencies, and contacts you have designated in writing (“Responders”). Monitoring is provided 365 days per year, 24 hours per day.

Upon receiving a Response Condition (a signal or communication from your Device indicating a need for assistance), Personnel may, in their sole discretion: (a) attempt to contact you or the registered premises prior to alerting Responders; (b) contact one or more designated Responders in the order you have specified; and/or (c) contact emergency services (911) if circumstances appear to warrant immediate dispatch. The 911 emergency services line is an alternative to the Device and Services at all times.

3.3 Fall Detection

IMPORTANT: Fall detection technology is not designed to and does not detect 100% of falls and is an additional safety layer not a replacement for pressing the help button. If you are physically able to press your help button in an emergency, always do so. Fall detection is particularly recommended for individuals with conditions such as epilepsy, Parkinson’s disease, diabetes, or multiple sclerosis, but does not guarantee detection for these or any other conditions.

Fall detection activation is subject to Device model compatibility and must be added or enabled at time of enrollment or through the Medical Guardian Member Portal. Medical Guardian disclaims all liability for falls or emergencies that fall detection does not detect, regardless of Device model or configuration.

3.4 Device Capabilities & Network Dependency

Specific Device capabilities, including GPS location accuracy, WiFi-assisted location, cellular connectivity, water resistance, battery life, and two-way voice communication, vary by Device model. Please refer to your Device’s product documentation for model-specific specifications. Medical Guardian’s Services depend in part on third-party cellular carrier networks (including AT&T and others). Medical Guardian does not guarantee uninterrupted service and is not responsible for interruptions attributable to carrier networks, power outages, signal interference, geographic coverage gaps, network congestion, or other third-party infrastructure failures. All portable Devices must be charged regularly and other Devices must be connected to power, and you agree that it is your responsibility to keep the Device(s) adequately charged or powered at all times. Failure to adequately charge your Device(s) will render them inoperable until the Device is recharged.

3.5 Health Plan & Insurance Partnerships

Medical Guardian may offer enrollment options or potential reimbursement pathways through Medicare Advantage plans (Part C), Medicaid programs, employer benefit programs, or other health plan partnerships. Eligibility, coverage amounts, copays, and benefit structures are determined solely by your health plan and applicable plan documents. Medical Guardian makes no representations or warranties regarding any plan’s coverage determinations, reimbursement decisions, or eligibility findings. Members are solely responsible for verifying their own eligibility with their health plan prior to enrollment. Medical Guardian is not responsible for changes to your health plan coverage that affect your out-of-pocket costs.

3.6 AI-Powered Features & Health Insights

Certain features of the Services may use artificial intelligence, machine learning, or algorithmic processing to generate health insights, activity summaries, or personalized recommendations. These AI-powered features are provided for informational and wellness purposes only and do not constitute medical advice, diagnosis, or clinical recommendations. You should not make healthcare decisions based solely on AI-generated insights without consulting a licensed healthcare professional. Medical Guardian makes no representation regarding the accuracy or completeness of AI-generated outputs, which may contain errors or reflect limitations in the underlying data.

3.7 Third-Party Devices

Medical Guardian may offer you the opportunity to use third-party devices, such as the OURA Ring. If you elect to use such devices, you agree to be bound by the third-party’s Terms and Conditions required by the third party, and in addition to our Terms and Conditions, you agree that you have read and agreed to their Terms and Conditions. For instance, the OURA Ring Terms and Conditions and Privacy Policies are located here: https://ouraring.com/terms-and-conditions and https://ouraring.com/privacy-policy.

All limitations in liability, warranty information, and requirements for use of these devices stated on the third-party websites are incorporated herein and apply to us and your use of the device(s) as part of our Services.

4.1 Order Acceptance

All orders for Devices and Services are subject to acceptance by Medical Guardian. We reserve the right to refuse or cancel any order at our discretion, including in cases of pricing errors, suspected fraud, product unavailability, or system errors. An order is not confirmed until you receive a written order confirmation from Medical Guardian. Medical Guardian may require additional verification before processing orders placed through third-party health plan portals or partner channels.

4.2 Pricing & Price Changes

Device prices and membership fees are set forth on the Site or in your order confirmation at the time of purchase. Medical Guardian reserves the right to change pricing at any time. For active memberships, Medical Guardian will provide at least thirty (30) days advance written on our website and if we have your email address through a notice via email to the address on file before any fee increase takes effect on your account. Your continued use of the Services following the effective date of a price change constitutes acceptance of the new pricing. If you do not accept a price change, you may cancel your membership as set forth in Section 5.

4.3 Billing & Auto-Renewal

AUTOMATIC RENEWAL NOTICE: Membership fees are billed on a recurring basis in accordance with your selected billing cycle (monthly, quarterly, or annual). YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW at the end of each billing period unless you cancel in accordance with Section 5 of this Agreement. By enrolling in a membership, you expressly authorize Medical Guardian to automatically charge your designated payment method for each successive billing period at the then-current rate until your membership is cancelled.

In compliance with the FTC’s Negative Option Rule (effective January 14, 2025), Medical Guardian will: (a) clearly disclose all material terms of the recurring charge before obtaining your billing information; (b) obtain your express informed consent to automatic renewal before charging you; and (c) provide a simple cancellation mechanism that is as easy to use as the method you used to sign up.

4.4 Prorated Refunds for Prepaid Plans

For annual or other prepaid billing plans, any unused portion of the prepaid monitoring period beyond the three-month minimum commitment will be refunded on a prorated basis, less any applicable restocking fees, following confirmed cancellation and Device return (where required). Medical Guardian issues prorated refunds for unused Services; partial billing period refunds are not available for monthly plans except as required by applicable law.

4.5 Payment Methods & Authorization

Medical Guardian accepts major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and other payment methods as indicated during checkout. HSA and FSA cards may be accepted for eligible product categories; please verify eligibility with your plan administrator. By providing a payment method, you represent that you are authorized to use it and authorize Medical Guardian (or its third-party payment processor) to charge the full amount of your purchase, including applicable taxes and fees. If a payment fails, is declined, or cannot be verified, Medical Guardian may suspend Services until valid payment is received. Medical Guardian is not responsible for overdraft fees, foreign transaction fees, or other charges imposed by your financial institution.

4.6 Taxes & Surcharges

You are responsible for all applicable federal, state, and local taxes, fees, and surcharges associated with your purchase. Medical Guardian will collect and remit sales tax where required by applicable law. Prices displayed on the Site may not include tax; your final order confirmation will reflect applicable taxes. Medical Guardian may collect a reasonable surcharge for the use of credit cards in addition to the amount of the Services and Devices you have selected. You may avoid a surcharge by using an alternate form of payment, such as a debit card or an ACH transfer directly from your bank account.

4.7 Promotional Offers & Free Trials

Promotional pricing, free trial periods, referral credits, and limited-time offers are subject to their specific terms disclosed at the time of the promotion. Unless otherwise stated, free trials that are not cancelled before the trial period expires will automatically convert to paid subscriptions at the applicable membership rate. Medical Guardian reserves the right to modify or discontinue any promotion at any time. Promotional discounts and credits cannot be combined, transferred, or exchanged for cash unless expressly stated otherwise.

5.1 Minimum Service Commitment

All memberships are subject to a minimum three-month (90-day) service commitment, beginning on the date your payment is successfully processed or Services are first rendered, whichever is earlier. This minimum commitment applies regardless of Device receipt date or activation date. Early cancellation within the minimum period does not relieve you of your obligation to pay for the full three-month minimum.

5.2 How to Cancel

Medical Guardian provides the following cancellation methods:

• Phone: By calling Medical Guardian customer service at 1-800-313-1191
• Written: By mailing written cancellation notice to Medical Guardian, Attn: Cancellations, 1818 Market Street, Suite 1200, Philadelphia, PA 19103

Cancellations will be confirmed in writing (via email or letter) within a commercially reasonable timeframe. You will continue to have access to Services through the end of your current paid billing period following confirmed cancellation. Continued billing may occur until cancellation is confirmed and, where applicable, until a leased Device is received by Medical Guardian, whichever period is longer.

5.3 Leased Device Returns

If your Device is leased (not purchased outright), the following return terms apply upon cancellation or termination:

• Return Address: Medical Guardian, 106 Henderson Drive, Sharon Hill, PA 19079 (at your expense)
• Cancellation is effective and billing ceases upon Medical Guardian’s receipt and processing of the returned Device, which may take up to thirty (30) calendar days.
• Non-Return Fee: If the Device and accessories are not returned within thirty (30) days following your cancellation notice, you expressly authorize Medical Guardian to charge a one-time fee of $350.00 to your payment method on file, representing the replacement cost of the Device and accessories.
• Restocking Fee: A restocking fee of up to $50.00 may be deducted from any applicable refund.

5.4 Purchased Device Cancellations

If you purchased your Device outright, a Cancellation Letter will be provided via standard mail or electronic delivery following your request. Purchased Devices are not subject to the $350.00 non-return fee. Monitoring service fees continue to accrue until your written cancellation is confirmed. Medical Guardian is not obligated to repurchase or accept returns of purchased Devices following the applicable return window set forth in Section 5.6 below.

Medical Guardian’s return window does not apply to promotional or refurbished Devices where otherwise stated.

5.6 Cancellation by Medical Guardian

Medical Guardian may suspend or terminate your Services and this Agreement at any time in its sole discretion, including for: non-payment, violation of any provision of this Agreement, fraudulent or abusive use of the Services, misrepresentation of information, repeated non-emergency activations, or any other conduct detrimental to Medical Guardian or other Members. Upon termination, Medical Guardian is not liable for any injury, loss, or expenses incurred as a result of terminated Services. Reactivation of terminated Services is at Medical Guardian’s sole discretion and may require payment of a reconnection fee at the then-current rate.

5.7 State-Specific Cancellation Rights

Certain states impose additional or different cancellation, refund, or auto-renewal disclosure requirements. Nothing in this Agreement is intended to, or shall, waive any rights you may have under applicable state law, including but not limited to California’s Automatic Renewal Law (Cal. Bus. & Prof. Code 17600 et seq.), New York’s Automatic Renewal Statute, or other state consumer protection laws. To the extent any provision of this Agreement conflicts with applicable mandatory state law, the applicable state law controls with respect to residents of that State or Commonwealth.

6.1 Leased Devices Ownership & Care

Leased Devices remain the exclusive property of Medical Guardian at all times. You are responsible for the reasonable care, safekeeping, and proper use of any leased Device during the lease period. You agree not to: modify, tamper with, or attempt to repair any Device without Medical Guardian’s prior written consent; remove or obscure any identifying markings or serial numbers; use the Device in a manner inconsistent with its intended purpose; or transfer or assign possession of a leased Device to any third party.

6.2 Purchased Devices

Title to purchased Devices transfers to you upon receipt of full payment and physical delivery. Purchased Devices are warranted in accordance with the Limited Warranty in Section 7. Purchased Devices remain subject to all use restrictions and Terms and Conditions of Use set forth in this Agreement.

6.3 Device Compatibility & Software Updates

Certain Devices require a compatible smartphone, operating system version, or active cellular network connection to access full functionality, including GPS location and two-way communication. Medical Guardian may issue firmware or software updates to Devices periodically. Some updates may be applied automatically; others may require user action through the App. You are responsible for maintaining compatible software versions on personal devices used with the Services. Medical Guardian is not responsible for reduced Device functionality resulting from your failure to install available updates, operating system incompatibilities, or third-party app conflicts.

6.4 Emergency Button Use & False Alarms

Your Device is intended for genuine emergency use. Accidental activations are understood and will not result in penalties unless they become a persistent pattern. Medical Guardian reserves the right to assess reasonable fees for repeated, demonstrably non-emergency dispatch activations consistent with applicable state laws and regulations. If you or your care recipient experiences repeated accidental activations, contact Medical Guardian support to discuss sensitivity adjustments, wrist or clip placement options, or Device alternatives. You are responsible for any fees, charges, surcharges, or penalties imposed upon your use of the Devices, for Emergency Response, by any city, county, State or other governmental entity.

6.5 Lost, Stolen, or Damaged Devices

You are responsible for notifying Medical Guardian promptly if your Device is lost, stolen, or damaged. For leased Devices, you may be liable for replacement costs up to $350.00 for devices not returned. For purchased Devices, repair or replacement outside the warranty period is available at then-current pricing. Medical Guardian recommends contacting support at 1-800-313-1191 immediately if your Device is lost or stolen to disable monitoring service on that Device.

7.1 One-Year Device Warranty

Medical Guardian warrants that new Devices will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of original purchase (“Warranty Period”). This limited warranty is non-transferable and applies only to the original purchaser. Warranty service is subject to verification of original purchase.

7.2 Warranty Exclusions

This warranty does not cover:

• Damage resulting from accident, misuse, abuse, neglect, or use outside the intended purpose described in the product documentation
• Unauthorized modification, disassembly, repair, or tampering by anyone other than Medical Guardian
• Normal wear and tear, cosmetic damage (scratches, dents, discoloration)
• Damage caused by exposure to liquids beyond the Device’s stated water resistance rating
• Battery degradation or consumable components
• Damage caused by force majeure events
• Devices with altered, defaced, or removed serial numbers
• Third-party Devices, which will provide their own warranty information on their websites

7.3 Warranty Remedy

During the Warranty Period, Medical Guardian’s sole obligation, at its election, is to repair or replace the defective Device (not applicable to third-party Devices) with a new or refurbished unit of equal or greater functionality. To obtain warranty service, contact Medical Guardian at 1-800-313-1191 or support@medicalguardian.com. Medical Guardian may require: (a) proof of original purchase; (b) a description of the defect; and (c) return of the defective Device before issuing a replacement. Replacement Devices are warranted for the remainder of the original Warranty Period or ninety (90) days from replacement, whichever is longer.

7.4 Disclaimer of Implied Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7, MEDICAL GUARDIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DEVICES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MEDICAL GUARDIAN’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. MEDICAL GUARDIAN DISCLAIMS ANY WARRANTY FOR ANY THIRD-PARTY DEVICES USED AS PART OF OUR SERVICES.

8.1 Nature & Scope of Monitoring Services

Medical Guardian provides a notification and communication service only. Medical Guardian is not a first responder, emergency medical service, hospital, healthcare provider, or licensed medical professional. The Company’s sole responsibility is to receive signals from Devices and notify designated Responders as described in Section 3.2. Medical Guardian does not dispatch its own emergency personnel and has no control over the response time, availability, competence, or conduct of third-party emergency services, including 911 operators, paramedics, fire departments, police, or your designated emergency contacts.

Medical Guardian is not responsible for: (a) the failure of any third-party emergency responder to respond, arrive in time, or provide adequate care; (b) the failure of your designated Responders to be available or respond appropriately; (c) service interruptions caused by power outages, equipment failures, cellular network outages, or other circumstances beyond Medical Guardian’s reasonable control; or (d) any injury, loss, or damage occurring after Services have been terminated for any reason.

8.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDICAL GUARDIAN’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE DEVICES, OR THE SERVICES WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO MEDICAL GUARDIAN FOR SERVICES IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) TWO HUNDRED FIFTY DOLLARS ($250.00).

8.3 Exclusion of Consequential Damages

IN NO EVENT SHALL MEDICAL GUARDIAN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING LOSS OF LIFE, BODILY INJURY, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PROPERTY DAMAGE, EVEN IF MEDICAL GUARDIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT PERMIT THESE LIMITATIONS; IN THOSE STATES, THE ABOVE LIMITATIONS SHALL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8.4 Essential Basis of Bargain

You acknowledge that the limitations on liability in this Section 8 reflect a reasonable and fair allocation of risk between you and Medical Guardian, and that Medical Guardian would not enter into this Agreement without these limitations. These limitations are an essential basis of the bargain between the parties and shall apply regardless of the form of action and whether a claim is in contract, tort, strict liability, or any other legal or equitable theory.

8.5 Force Majeure

Medical Guardian shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including: acts of God, natural disasters, flood, fire, earthquake, pandemic or epidemic, war, terrorism, governmental action or restriction, labor disputes, power failures, telecommunications outages, cyberattacks, third-party carrier network failures, or any other cause beyond Medical Guardian’s reasonable control. In such events, Medical Guardian’s performance obligations will be suspended for the duration of the force majeure event.

9.1 Your Consent to Communications

By providing your telephone number(s) during enrollment or at any time in connection with the Services, you expressly consent to receive communications from Medical Guardian, its affiliates, authorized dealers, and agents through automated or manual means at the number(s) you provided. You may be asked to provide additional consent at the time of enrolling for services, or in any interaction with Medical Guardian’s staff. Such communications may include:

• Emergency and safety-related communications (including notifications triggered by Device activations)
• Service-related communications (account updates, billing notifications, product recalls, device alerts)
• Appointment and service confirmations, wellness check-in reminders
• Marketing and promotional messages regarding Medical Guardian products and services (where you provide prior express written consent)

9.2 TCPA Compliance

Medical Guardian complies with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, and applicable FCC regulations. Emergency communications and health-related service communications to your mobile phone using automated dialing systems or prerecorded messages are subject to the TCPA’s healthcare exemption and require only prior express consent, which you provide by furnishing your phone number. Promotional or marketing communications require your separate prior express written consent, which will be obtained via a clear and separate consent mechanism.

In compliance with updated FCC consent revocation rules (effective April 11, 2025), you have the right to revoke any consent to receive automated communications at any time by: (a) texting STOP to any promotional message; (b) calling 1-800-313-1191; or (c) updating your communication preferences in the Medical Guardian Member Portal. Revocation of consent to marketing communications will not affect your ability to receive essential service and safety notifications.

Message and data rates may apply. For information about frequency of messages, reply HELP to any automated message or contact support@medicalguardian.com.

9.3 Email Communications

By providing your email address, you consent to receiving transactional, promotional, informational, marketing, and service-related emails from Medical Guardian. You may opt out of promotional, informational, and/or marketing email communications at any time by following the unsubscribe link in any promotional, informational, or marketing email or contacting us at support@medicalguardian.com. Opting out of promotional, informational, or marketing emails does not affect your receipt of essential service communications such as billing notices, account alerts, and emergency-related notifications

9.4 Do Not Call & National Registry

Medical Guardian maintains an internal do-not-call list and honors requests to be removed from outbound marketing call lists. To be added to Medical Guardian’s internal do-not-call list, contact us at 1-800-313-1191 or support@medicalguardian.com. Medical Guardian also honors registrations on the National Do Not Call Registry for marketing purposes to the extent required by applicable law, but these lists may not be up-to-date and your election to opt-out may not be readily available to Medical Guardian. Note that do-not-call protections do not apply to calls made in connection with active monitoring Services, account management, safety communications, or calls made with your prior express consent.

Medical Guardian uses artificial intelligence (“AI”)-powered platforms, including but not limited to Apten and similar third-party AI communication vendors (collectively, “AI Communication Partners”), to conduct outbound voice calls, SMS/text messages, and email communications with prospective and current Members. This Section 9A governs Medical Guardian’s use of AI-generated and AI-assisted communications and supplements Section 9 of this Agreement. In the event of any conflict between this Section 9A and Section 9, this Section 9A controls with respect to AI-generated communications.

9A.1 Call Recording & Two-Party Consent

AI-powered outbound calls placed on Medical Guardian’s behalf may be recorded for quality assurance, compliance monitoring, AI model training, and business purposes. By continuing on any such call after a recording disclosure is provided, you consent to the recording of that conversation.

Medical Guardian is headquartered in Pennsylvania, a two-party (all-party) consent state under the Pennsylvania Wiretapping and Electronic Surveillance Control Act (18 Pa. C.S. 5703). Medical Guardian’s AI Communication Partners operate call recording systems compliant with Pennsylvania law and the laws of all applicable two-party consent states, which include: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Oregon, and Washington. Call recording disclosures will be provided at the outset of any recorded AI-assisted call. Conversations are stored securely and retained for the period required by applicable law and Medical Guardian’s data retention policies.

Where AI-generated conversations are used to train or improve AI models, Medical Guardian will ensure that any such use is: (a) disclosed in Medical Guardian s Privacy Policy; (b) conducted only with data that has been appropriately anonymized or de-identified where required by applicable law; and (c) subject to appropriate data processing agreements with AI Communication Partners.

9A.2 A2P 10DLC Registration & SMS Compliance

All AI-generated or AI-assisted SMS and MMS messages sent on Medical Guardian’s behalf are transmitted through Application-to-Person (A2P) 10-digit long code (10DLC) channels registered with The Campaign Registry (TCR) and approved by major U.S. wireless carriers, including AT&T, T-Mobile, and Verizon. By consenting to receive SMS communications from Medical Guardian, you acknowledge that:

• Messages are sent via registered A2P channels and may be subject to carrier throughput limits and content filtering
• Message and data rates may apply depending on your wireless carrier plan
• AI-generated SMS content aligns with Medical Guardian’s registered campaign use cases and approved message templates. Variations from approved templates may result in carrier filtering; Medical Guardian is not liable for undelivered messages attributable to carrier filtering or network conditions
• Reply STOP to any AI-generated SMS at any time to opt out; reply HELP for assistance. Opt-outs will be honored within 10 business days as required by applicable law, and Medical Guardian will not send further marketing SMS messages to opted-out numbers

9A.3 AI-Generated Email Communications

AI-generated or AI-assisted email communications sent by or on behalf of Medical Guardian comply with the CAN-SPAM Act (15 U.S.C. 7701 et seq.) and applicable state email marketing laws. All commercial AI-generated emails will: (a) clearly identify Medical Guardian as the sender in the “From” field; (b) include a valid physical postal address; (c) include a clear, functional unsubscribe mechanism; and (d) honor opt-out requests within ten (10) business days. AI-generated emails used for personalized outreach (such as lead follow-up, enrollment nurture sequences, or re-engagement campaigns) will be clearly identified as originating from Medical Guardian and may indicate when AI-assisted personalization has been applied to the message.

9A.4 AI Agent Accuracy & Hallucination Disclaimer

Medical Guardian is not liable for any loss, damage, or harm arising from your reasonable reliance on inaccurate information communicated by an AI agent, except to the extent such liability cannot be excluded under applicable law. Medical Guardian implements reasonable quality controls, script guardrails, and human oversight processes to minimize AI errors, but cannot guarantee the accuracy of all AI-generated content in real time. Any promotional offer, pricing commitment, or eligibility determination communicated by an AI agent is not binding on Medical Guardian unless confirmed in writing by an authorized Medical Guardian representative or reflected in an executed order confirmation.

9A.5 Authorized AI Communication Partners & Vendor Accountability

Medical Guardian expressly authorizes its AI Communication Partners, including Apten and any successor or replacement AI communication platforms (“AI Vendors”), to place outbound calls, send SMS messages, and send emails on Medical Guardian’s behalf, using the contact information and applicable consent you have provided to Medical Guardian. This authorization is required under the FCC’s one-to-one consent framework to ensure that contacts made by AI Vendors are legally attributed to Medical Guardian as the identified seller, rather than the AI Vendor acting independently.

Medical Guardian requires all AI Vendors to: (a) comply with applicable federal and state laws governing automated communications, including the TCPA, CAN-SPAM Act, and applicable state AI disclosure laws; (b) operate only within the scope of Medical Guardian’s approved use cases, registered campaign descriptions, and consent records; (c) honor opt-out and do-not-contact requests within required timeframes; (d) maintain appropriate data security standards consistent with the handling of Member personal information; and (e) enter into data processing agreements with Medical Guardian governing the use and protection of any Member data accessed in connection with outbound communications. Notwithstanding the foregoing, Medical Guardian remains responsible to you for communications made by AI Vendors on its behalf, and any dispute arising from an AI Vendor’s communication may be directed to Medical Guardian at support@medicalguardian.com or 1-800-313-1191.

9A.6 AI Communication Opt-Out & State-Specific Rights

You may revoke your consent to receive AI-generated communications at any time, separately from or in addition to revoking general automated communication consent, by: (a) texting STOP to any AI-generated SMS; (b) stating clearly during any AI call that you do not wish to be contacted by automated or AI systems; (c) updating your communication preferences in the Medical Guardian Member Portal; or (d) contacting Medical Guardian at 1-800-313-1191 or support@medicalguardian.com. Revocation of AI communication consent will be processed within 10 business days and will not affect your ability to receive essential safety, monitoring, or account notifications delivered by live human agents.

The following state-specific protections apply to AI-generated communications and supplement the general TCPA provisions in this Agreement:

• Florida: Written consent is required for AI-initiated telemarketing calls. Consent cannot be bundled with other agreements and must specifically identify Medical Guardian and the purpose of the communication.
• Virginia: Text message opt-out requests are honored for a minimum of ten (10) years pursuant to Virginia SB 1339. Statutory damages of $500 per violation may apply for non-compliance. Medical Guardian maintains opt-out records for the required period.
• Texas: Text messages are treated as “telephone solicitations” under Texas SB 140 (effective September 2025). Violations may trigger the Texas Deceptive Trade Practices Act, including potential treble damages for willful violations.
• California: AI-generated communications may be subject to CCPA/CPRA automated decision-making disclosure requirements. Residents have the right to opt out of AI-based profiling used in certain commercial contexts. Disclosures are provided in Medical Guardian’s Privacy Policy.
• Utah: Medical Guardian complies with Utah’s Artificial Intelligence Policy Act disclosure requirements for AI interactions in regulated service contexts, including disclosures that AI is being used when required by the Act.

State AI communication laws are rapidly evolving. Medical Guardian monitors legislative and regulatory developments and updates its practices accordingly. The most current version of this Agreement reflects Medical Guardian’s compliance posture as of the Effective Date. Nothing in this Agreement waives any consumer rights available under applicable state law.

10.1 Privacy Policy

Your privacy is paramount to Medical Guardian. The collection, use, storage, and disclosure of your personal and health-related information is governed by our Privacy Policy, available at www.medicalguardian.com/legal/privacy, which is incorporated into this Agreement by reference. By using the Services, you consent to the data practices described in the Privacy Policy. In the event of any conflict between this Agreement and the Privacy Policy with respect to data practices, the Privacy Policy controls. If you use a third-party device with our Services, the Third-Party’s Terms and Conditions and Privacy Policy(ies) will control your use of that third-party device. In the event of a conflict between the third-party policies and our Terms and Conditions and Privacy Policy, our Terms and Conditions and Privacy Policy will control.

10.2 Health Information You Provide

Certain features of the Services require or allow you to provide health information, including medical history, emergency medication information, physician contact details, diagnosed conditions, and mobility or fall-risk assessments. You are solely responsible for the accuracy and completeness of health information you provide. Medical Guardian stores this information to facilitate effective emergency response and will share it with emergency responders and your designated contacts as necessary in an emergency, as described in the Privacy Policy.

10.3 Medical Card

Medical Guardian may offer a Medical Card containing a QR code that links to health and emergency-related information provided by you through the Member Portal, Mobile Application, or other Medical Guardian systems (the “Medical Card Profile”).

The Medical Card is intended to assist emergency responders and others in obtaining important information during emergency situations. Information contained in the Medical Card Profile may include medications, allergies, medical conditions, emergency contacts, communication needs, and other health-related information you choose to provide.

Participation in the Medical Card program is voluntary. You are solely responsible for determining what information is included in your Medical Card Profile and for ensuring that such information remains accurate, complete, and current.

10.4 Device-Generated Health Data

Your Device may automatically collect health and wellness data, including: step counts, heart rate, sleep patterns, biometric information, GPS location, activity levels, fall events, and button activations. You authorize Medical Guardian to collect, store, process, and use this data to provide, improve, and personalize the Services, and as otherwise described in the Privacy Policy. Medical Guardian implements commercially reasonable technical and organizational security measures to protect your data. However, no method of electronic transmission or storage is 100% secure; Medical Guardian cannot guarantee absolute security and is not liable for unauthorized access that occurs despite reasonable security measures.

10.5 Emergency Data Sharing

In the event of an emergency activation, you expressly authorize Medical Guardian to share your name, address, Device location, and relevant health information (as provided by you) with: (a) 911 operators and emergency dispatch; (b) fire, police, and paramedic/EMS responders; and (c) your designated emergency contacts, solely to facilitate emergency response. This data sharing is an essential and non-waivable element of the monitoring Services. Medical Guardian is not liable for transmitting or using incorrect information provided by you to provide our Services.

In addition, if you elect to participate in the Medical Card program, you expressly authorize Medical Guardian to make your Medical Card Profile available to individuals who access the profile through the QR code associated with your Medical Card.

10.6 HIPAA

Medical Guardian (and any third-parties acting as an agent of Medical Guardian for the provision of the Services) may be subject to certain HIPAA obligations as a business associate to covered health plan partners (including Medicare Advantage and Medicaid plan partners). To the extent applicable, Medical Guardian and any third-party agents will comply with HIPAA’s Privacy Rule, Security Rule, and Breach Notification Rule with respect to Protected Health Information (“PHI”) as set forth in applicable Business Associate Agreements (“BAAs”). Members enrolled through a covered health plan should be aware that their PHI may be subject to that plan’s Notice of Privacy Practices as well as Medical Guardian’s Privacy Policy. For HIPAA inquiries, contact privacy@medicalguardian.com.

10.7 State Health Privacy Laws

In addition to HIPAA, various state laws govern the collection and use of health and biometric data, including the California Consumer Privacy Act (CCPA/CPRA), Washington s My Health MY Data Act (MHMDA), and others. Medical Guardian’s Privacy Policy describes your rights under applicable state laws, including rights to access, correct, delete, or opt out of certain uses of your personal information. To exercise your state privacy rights, submit a request to privacy@medicalguardian.com or through the Medical Guardian Member Portal.

10.8 Data Retention

Medical Guardian retains health and account data for as long as your account is active and for a reasonable period thereafter to fulfill legal, regulatory, safety, and business purposes, including but not limited to responding to legal claims, conducting post-market safety surveillance, and complying with applicable medical device and service regulations. Following account deletion, Medical Guardian will retain certain data for the minimum period required by law and will thereafter securely destroy it. For specific retention periods, refer to the Privacy Policy.

10.9 Express Consent / Acknowledgement

By creating, maintaining, updating, activating, or using a Medical Card Profile, you expressly consent to the disclosure of that information through the QR code associated with your Medical Card.

You acknowledge that Medical Guardian cannot verify the identity, authority, or purpose of every individual who scans the QR code. You understand that information contained within the Medical Card Profile may be viewed by emergency responders, healthcare personnel, caregivers, family members, facility staff, bystanders, or other individuals who gain access to the card or successfully scan the QR code.

10.10 Liability Disclaimer

Medical Guardian does not guarantee that emergency responders will access, review, rely upon, or act upon information contained in a Medical Card Profile.

Medical Guardian is not responsible for any injury, loss, delay, treatment decision, disclosure, misuse, unauthorized access, or other consequence arising from: (a) inaccurate information supplied by the Member; (b) failure to update profile information; (c) failure of a third party to access or review the information; (d) access by unintended persons; or (e) reliance placed upon information contained in the Medical Card Profile.

11.1 License Grant

Subject to your agreement to these Terms and Conditions of Use, and your continued compliance with this Agreement and maintenance of an active membership, Medical Guardian grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Medical Guardian Member Portal and Medical Guardian mobile application (collectively, the “App”) solely for your personal, non-commercial use in connection with the Services.

11.2 Caregiver Access

The App may allow Members to grant access to designated caregivers or family members (“Caregivers”) to view certain Member data, including location, activity, and alert history. Caregivers must create their own accounts and are bound by our Terms and Conditions of Use, Privacy Policy, and this Agreement upon acceptance. Members may authorize or revoke Caregiver access at any time through the App. Medical Guardian is not responsible for data accessed by Caregivers authorized by the Member, or for any actions taken by Caregivers based on such data.

11.3 Prohibited Uses

You agree not to:

• Copy, modify, distribute, sell, lease, or sublicense any part of the Services, App, or Site content
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software component
• Use the Services for any unlawful purpose, including violation of applicable federal or state law
• Introduce viruses, worms, malware, ransomware, or other harmful code into the Services
• Attempt to gain unauthorized access to any portion of the Services, other user accounts, or Medical Guardian’s backend systems or infrastructure
• Scrape, harvest, or extract data from the Services by automated or manual means without Medical Guardian’s prior written consent
• Use the Services to monitor, surveil, or track any individual without their knowledge and consent
• Impersonate any person or entity or misrepresent your identity or affiliation

11.4 Third-Party Integrations

The App may offer integrations with third-party platforms such as Apple Health, Google Fit, and health plan member portals. Medical Guardian is not responsible for the content, functionality, security, privacy practices, data handling, or terms of service of any third-party platforms. By enabling third-party integrations, you consent to the sharing of data with those platforms as described in the integration flow. You are encouraged to review the privacy policies of any third-party platforms you connect to the Services.

11.5 Service Availability & Maintenance

Medical Guardian makes commercially reasonable efforts to maintain continuous availability of the Portal and App, with a target of high uptime for emergency monitoring systems. However, Medical Guardian does not guarantee uninterrupted access to any features including non-emergency features. Scheduled maintenance, unplanned outages, software updates, or circumstances beyond Medical Guardian’s control may temporarily reduce availability. Medical Guardian will use reasonable efforts to provide advance notice of scheduled maintenance that affects monitoring Services. Medical Guardian is not liable for damages arising from service interruptions.

12.1 Medical Guardian’s IP

The Medical Guardian name, logo, and all other taglines, Device designs, industrial designs, packaging, software code, website content, marketing materials, and all associated trademarks, service marks, trade dress, patents, and copyrighted materials are the exclusive property of Medical Guardian, LLC or its licensors. Nothing in this Agreement grants you any right, title, or interest in Medical Guardian’s intellectual property except the limited license in Section 11.1.

You may not use Medical Guardian’s trademarks, logos, or brand assets in any commercial manner, in any press release, or in any comparative advertising without Medical Guardian’s prior written consent. Any unauthorized use may constitute trademark infringement, unfair competition, or copyright infringement under applicable federal and state law.

12.2 User Feedback

If you submit feedback, suggestions, ideas, or improvements regarding the Services (“Feedback”), you grant Medical Guardian a perpetual, irrevocable, worldwide, fully paid, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, and incorporate such Feedback into the Services without any obligation of compensation, attribution, or confidentiality to you. You represent that your Feedback does not infringe any third-party intellectual property rights.

12.3 DMCA & Copyright Complaints

If you believe that content on the Site infringes your copyright, please provide written notice to our designated DMCA agent at: Medical Guardian, LLC, Attn: Legal / DMCA Agent, 1818 Market Street, Suite 1200, Philadelphia, PA 19103, or legal@medicalguardian.com. Your notice must include: (a) identification of the copyrighted work; (b) identification of the infringing material and its location on the Site; (c) your contact information; (d) a statement of good faith belief; and (e) a statement of accuracy under penalty of perjury.

13.1 Content Accuracy

Medical Guardian makes commercially reasonable efforts to ensure the accuracy and currency of information on the Site. However, Medical Guardian does not warrant the accuracy, completeness, or timeliness of any content, including product descriptions, compatibility information, pricing, availability, health articles, or promotional information. Medical Guardian reserves the right to correct errors and update content at any time without prior notice. Typographical errors, technical inaccuracies, or outdated information do not create binding obligations on Medical Guardian.

13.2 Medical Disclaimer

13.3 Third-Party Content & Links

The Site may contain links to third-party websites, resources, or content provided for informational purposes. Medical Guardian does not endorse, control, or take responsibility for the content, accuracy, privacy practices, or terms of any third-party sites. Accessing third-party links is at your own risk and is subject to the third party’s own terms and conditions.

13.4 User-Submitted Content

If the Services permit you to submit reviews, testimonials, or other content (“User Content”), you retain ownership of your User Content but grant Medical Guardian a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your User Content in connection with the Services and Medical Guardian’s marketing materials. You represent that your User Content does not: violate any law; infringe any third-party rights; contain false or misleading information; contain personal health information of third parties without their consent; or constitute harassment, hate speech, or defamation. Medical Guardian reserves the right to remove User Content at its sole discretion.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Medical Guardian, LLC and its affiliates, parent companies, subsidiaries, officers, directors, employees, contractors, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, and demands (including reasonable attorneys fees and court costs) arising out of or relating to:

• Your use of or inability to use the Site, Devices, or Services
• Your failure to keep your Device(s) adequately charged or powered
• Your failure to accept updates or allow Medical Guardian to remotely update your Device(s)
• Your violation of any provision of this Agreement
• Your violation of any applicable law, regulation, or third-party right (including intellectual property rights and privacy rights)
• Any inaccurate, incomplete, or misleading information you provide to Medical Guardian
• Any unauthorized use of your account credentials
• Your User Content or Feedback
• Any dispute between you and a third party arising in connection with the Services

Medical Guardian reserves the right to assume exclusive control of the defense of any matter subject to indemnification, at your expense. You agree to cooperate fully with Medical Guardian in asserting any available defenses. This indemnification obligation survives the termination of this Agreement.

Medical Guardian’s Refer-a-Friend Program allows active Members in good billing standing (“Advocates”) to earn referral rewards by introducing qualified new customers (“Referees”) to Medical Guardian’s Services. The following terms govern participation:

• Advocate must have and maintain a current, active account in good billing standing throughout the entire referral process.
• The Referee must be registered through the Advocate’s unique referral link or by an authorized Medical Guardian representative before the Referee’s purchase.
• The Referee must not currently be, or previously have been, an active or pending Medical Guardian Member.
• Reward amounts are set by Medical Guardian and are subject to change. Reward delivery may take up to eight (8) weeks following a qualified referral.
• Rewards have no cash value, are non-transferable, and may be subject to applicable tax reporting requirements.

Medical Guardian reserves the right to modify, suspend, or permanently terminate the Refer-a-Friend Program at any time without prior notice. Medical Guardian may disqualify Participants for fraud, abuse, gaming, misuse, harassment, or other suspicious or inappropriate activity. Decisions regarding disqualification are final and binding.

16.1 Informal Resolution First

In the event of any dispute, claim, or controversy (“Dispute”) arising out of or relating to this Agreement, the Services, or the Devices, the parties agree to first attempt to resolve the Dispute informally. To initiate informal resolution, contact Medical Guardian at: support@medicalguardian.com or Medical Guardian, LLC, Attn: Dispute Resolution, 1818 Market Street, Suite 1200, Philadelphia, PA 19103. Medical Guardian will attempt to respond to and resolve your Dispute within thirty (30) days of receipt of your written notice. Good faith participation in this process is a condition precedent to initiating arbitration.

16.2 Binding Arbitration

If the Dispute is not resolved through informal means within thirty (30) days, you and Medical Guardian agree to resolve the Dispute through final, binding, and confidential arbitration rather than in court, except as set forth in Section 16.4. By agreeing to arbitration, BOTH YOU AND MEDICAL GUARDIAN ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where applicable, its Consumer-Related Disputes Supplementary Procedures. A single neutral arbitrator will hear and determine the Dispute. The arbitration proceeding, all filings, and the arbitrator’s decision shall be kept strictly confidential. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. In rendering an award, the Arbitrator shall not award any damages that are punitive, speculative, incidental, indirect, special, consequential, or exemplary. In all arbitrations, the substantive law of the Commonwealth of Pennsylvania shall apply, and any arbitration shall be conducted in the City of Philadelphia, Pennsylvania.

The location and manner of arbitration (in-person, telephonic, or document-based) will be determined in accordance with the AAA’s rules. Reasonable costs and fees for the arbitration will be allocated as provided by AAA rules. Medical Guardian will not seek attorneys fees from you in connection with any consumer arbitration unless the arbitrator finds your claim to be frivolous.

16.3 Class Action & Jury Trial Waiver

YOU AND MEDICAL GUARDIAN EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. NEITHER YOU NOR MEDICAL GUARDIAN MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, BOTH PARTIES IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL.

16.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the establishment or completion of arbitration. Claims that qualify for small claims court under applicable rules may proceed in small claims court without prior informal resolution. Nothing in this Section prevents either party from seeking provisional remedies in aid of arbitration.

16.5 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflict of law principles. For any matters not subject to arbitration, you consent to personal jurisdiction and exclusive venue in the state and federal courts located in Philadelphia County, Pennsylvania. To the extent state consumer protection laws of your state of residence provide greater rights than Pennsylvania law in connection with any specific provision, those state laws may apply.

16.6 Statute of Limitations

To the fullest extent permitted by applicable law, any Dispute must be filed within one (1) year after the cause of action arose, or such claim is permanently barred. This limitation does not apply to claims that cannot be shortened by contract under applicable law.

Medical Guardian reserves the right to modify this Agreement at any time. When we make changes, we will post the updated Agreement on the Site and update the Effective Date at the top of this document.
If you do not agree to the modified Agreement, you must cancel your Services in accordance with Section 5 before the effective date of the change. Your continued access to or use of the Services after the effective date of any modification constitutes your acceptance of the revised Agreement. It is your responsibility to check the Site periodically for updates to this Agreement.

18.1 Entire Agreement

This Agreement, together with the Privacy Policy, any applicable order confirmation, applicable BAAs, and any documents expressly incorporated by reference, constitutes the entire agreement between you and Medical Guardian with respect to the subject matter hereof and supersedes all prior or contemporaneous discussions, representations, agreements, and understandings, whether oral or written. In the event of a conflict between this Agreement and an order confirmation, the order confirmation controls with respect to pricing and Device-specific terms only.

18.2 Severability

If any provision of this Agreement is found by a Court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be so modified. All remaining provisions shall continue in full force and effect. The invalidity of a specific provision shall not affect the validity or enforceability of any other provision.

18.3 Waiver

Medical Guardian’s failure to enforce any right or provision of this Agreement in any particular instance shall not constitute a waiver of that right or provision and shall not prevent Medical Guardian from enforcing such right or provision in the future. No waiver by Medical Guardian of any breach of this Agreement shall be deemed a waiver of any subsequent or other breach.

18.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without Medical Guardian’s prior written consent. Any purported assignment without consent is void. Medical Guardian may freely assign or transfer this Agreement, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Medical Guardian’s assets, with notice to you. This Agreement inures to the benefit of and is binding upon the parties and their respective successors and permitted assigns.

18.5 Notices

Except as otherwise specified, all notices required or permitted under this Agreement shall be in writing and delivered: to Medical Guardian, by email to support@medicalguardian.com (for general matters) or legal@medicalguardian.com (for legal matters), or by first-class mail to Medical Guardian, LLC, Attn: Legal Department, 1818 Market Street, Suite 1200, Philadelphia, PA 19103. Notices to you will be sent to the email or mailing address on file for your account. Notices sent by email are effective upon transmission; notices sent by mail are effective three (3) business days after mailing.

18.6 Electronic Records & Signatures

You consent to receive this Agreement and all related communications, notices, disclosures, and records in electronic form. Electronic records and agreements have the same legal force and effect as paper documents under the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. 7001 et seq., and applicable state law. You may withdraw consent to electronic records by contacting us, but doing so may affect your ability to use certain online features of the Services.

18.7 No Third-Party Beneficiaries

This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature under or by reason of this Agreement, except as expressly set forth herein.

18.8 Relationship of the Parties

The relationship between you and Medical Guardian is that of independent contracting parties. Nothing in this Agreement creates or implies any partnership, joint venture, agency, employment, franchise, or fiduciary relationship between the parties.

18.9 Export Compliance

You may not use, export, or re-export the Services, Devices, or any related technology in violation of applicable United States export laws and regulations, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo, and are not on any U.S. government restricted persons list.

18.10 Accessibility Commitment

Medical Guardian is committed to making its Site, App, and Services accessible to individuals with disabilities, consistent with the requirements of the Americans with Disabilities Act (ADA) and applicable accessibility standards (including WCAG 2.1 Level AA as a target). If you experience any accessibility barrier on our Site or in our Services, please contact us at accessibility@medicalguardian.com or call 1-800-313-1191 (TTY/TDD available upon request) and we will work to assist you and address the barrier.

18.11 Construction

This Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing this Agreement to be drafted. Headings are for convenience only and shall not affect the interpretation of any provision. The word “including” means “including without limitation.” References to “days” mean calendar days unless stated otherwise.

For questions, concerns, or inquiries related to this Agreement, please contact Medical Guardian:

Customer Support

Phone: 1-800-313-1191
Email: support@medicalguardian.com
Hours: Monday Friday, 8:00 AM 8:00 PM ET | Saturday, 9:00 AM 5:00 PM ET

Written Correspondence & Legal Notices

Medical Guardian, LLC
Attn: Legal Department
1818 Market Street, Suite 1200
Philadelphia, PA 19103

Privacy, HIPAA & Data Rights Inquiries

Email: privacy@medicalguardian.com

DMCA / Copyright Notices

Email: legal@medicalguardian.com

Accessibility

Email: accessibility@medicalguardian.com
Phone: 1-800-313-1191 (TTY/TDD available upon request)

Website

www.medicalguardian.com

1. What You’re Buying

You are enrolling in a Medical Guardian membership that includes a wearable device and 24/7 emergency monitoring service. If you press your Help Button (or if automatic fall detection triggers), our monitoring center calls you, then your emergency contacts, then 911 if needed. Important: This is not a substitute for calling 911. If you can dial 911 directly in an emergency, do so. Fall detection is not designed to and does not detect 100% of falls.

2. Your Monthly Charge Renews Automatically

Your membership fee is charged to your payment method on file and automatically renews every billing period (monthly, quarterly, or annually) until you cancel. We will notify you at least 30 days before any price increase takes effect. You must cancel before the next billing date to avoid being charged for the next period. If you pay annually and cancel after the 3-month minimum, we will refund the unused portion minus a restocking fee of up to $50.

3. 90-Day Minimum & How to Cancel

There is a 3-month (90-day) minimum commitment from your first payment. After that, you can cancel anytime using any of these methods:

• Phone: Call 1-800-313-1191 (Mon Fri 8am 8pm ET, Sat 9am 5pm ET)
• Mail: Write to Medical Guardian, Attn: Cancellations, 1818 Market Street Suite 1200, Philadelphia, PA 19103

4. Returning Your Device

Leased device (most common): You must return the device to Medical Guardian, 106 Henderson Drive, Sharon Hill, PA 19079 at your expense. Your account remains active and billing continues until we receive the device. If we don t receive it within 30 days of your cancellation request, we will charge $350.00 to the card on file.
Purchased device: You keep the device. No $350 fee applies. You will receive a cancellation letter, and billing stops once your cancellation is confirmed. New purchases can be returned within 10 days of receipt for a full refund if not yet activated.

5. Your Data & Privacy

Your device collects health and location data (steps, biometric, heart rate, GPS, fall events, button presses) to provide the Services. In an emergency, we share your name, address, medical history you ve provided, and Device location with 911 and your emergency contacts. We protect your health information consistent with HIPAA. We do not sell your personal data. For the full picture, see our Privacy Policy at www.medicalguardian.com/legal/privacy. To exercise privacy rights (access, deletion, opt-out), email privacy@medicalguardian.com.

6. Calls, Texts & Emails From Us

By giving us your phone number and email, you agree we may contact you about your account, safety alerts, and with your separate consent promotions. Some of our outbound calls, texts, and emails are generated or assisted by AI (including Apten). Any AI call will identify itself as automated at the start. You can always ask to speak to a live person. To stop marketing texts, reply STOP. To stop marketing emails, click unsubscribe. Calls and texts may be recorded; by staying on the call you consent to recording. Message and data rates may apply.

7 Insurance & Medicare Coverage

Original Medicare (Parts A & B) does not cover medical alert systems. Some Medicare Advantage (Part C) plans, including Wellcare and Centene, may cover or reimburse all or part of the cost but this varies by plan. It is your responsibility to verify your coverage before enrolling. Medical Guardian makes no guarantee that your plan will cover your costs. HSA and FSA funds may be eligible for device purchases; check with your plan administrator.

 

8. Disputes & Your Rights

If you have a problem, please call us first at 1-800-313-1191; we want to resolve it. If we can t work it out within 30 days, disputes are resolved through binding arbitration rather than in court, and on an individual (not class-action) basis. You waive the right to a jury trial. This is governed by Pennsylvania law. Your state may provide additional consumer protections that still apply to you.

9. Medical Card

If you choose to use our Medical Card, the QR code on the card may display health and emergency information that you provide. Anyone who scans the QR code may be able to view that information. You are responsible for keeping the information accurate and deciding what information to include.

Questions? We’re here. Call 1-800-313-1191
support@medicalguardian.com
www.medicalguardian.com