Terms of sale

Article 1: Purpose, seller, definitions

1.1 Purpose. These terms of sale (the “Terms”) govern:

• the sale of the Vigeos kit (article 2), goods with digital elements;
• the subscription to the Vigeos service (article 3), supplied continuously by digital means;

entered into by a consumer, at a distance, either through a pledge to Vigeos’s Kickstarter campaign (article 5.1), or directly with Vigeos (article 5.2). Together with the order summary, the confirmation sent on a durable medium and, for backers, the terms of the Kickstarter campaign, they form the entire contract.

1.2 Seller. VIGEOS, a single-shareholder simplified joint-stock company (société par actions simplifiée unipersonnelle) with variable capital, with an initial capital of €1, whose registered office is at 71 avenue des Trois Lucs, 13012 Marseille, France, registered with the Marseille Trade and Companies Register under number 107 608 655, represented by Mr Romain Dellamonica, president (hereinafter “Vigeos”). Email: [email protected].

1.3 Customer. The adult natural person who buys the kit or takes out the subscription for private use, and whose delivery address is in a country served by Vigeos (article 8.1) (hereinafter “you”). Care homes and professionals are covered by a separate contract.

1.4 Definitions.

Term	Meaning
Kit	The Vigeos box and the camera or cameras delivered with it, their accessories and their software
Box	The unit installed at home, which analyses the images from the cameras
Equipped home	The dwelling where the kit is installed
Monitored person	The person who lives in the equipped home and whose fall is to be detected
Account holder	The person who bought the kit or who pays the subscription; the only one who can cancel, invite or remove a family member
Family members	The people invited by the account holder, who receive the alerts in the app
App	The Vigeos app for iPhone and Android

Article 2: The kit

2.1 Contents. The Vigeos box (unit with a screen) and its power supply; one or more cameras depending on your order, each with its power supply and mounting accessories; an installation guide, a leaflet for the monitored person, a notice for people who work in the home, the safety instructions, these Terms and the withdrawal form. Camera in the kit: Sonoff PT2 running the Vigeos software.

2.2 What the kit needs to work. Before buying, check that the equipped home has:

• a permanent internet connection and a Wi-Fi network covering the equipped rooms; the camera connects over 2.4 GHz Wi-Fi;
• a power socket near the box and each camera, and a continuous power supply;
• at least one family member with a compatible smartphone: an iPhone or an Android phone whose system version is supported by the app, with Bluetooth for the first installation.

The box connects to the home Wi-Fi from the app, over Bluetooth. It has no wired network socket. To change Wi-Fi network (a new internet router, for example), the box goes back into pairing mode from the app, following the procedure the app describes.

2.3 The kit only works with the service. The box and the cameras have no standalone use: detection, alerts and the app depend on the subscription (article 3) and on Vigeos’s servers. Without a current subscription, the box detects nothing and alerts nobody (article 15). We write this here because it is an essential characteristic of the goods.

2.4 Ownership and risk. Ownership of the kit passes to you on delivery, once the price has been paid. The risk of loss or damage passes to you when you, or a third party designated by you, take physical possession of the kit (article L. 216-2 of the French Consumer Code). The kit remains your property after the subscription ends.

2.5 Kit software. The software built into the box and the cameras is not sold: Vigeos grants you the right to use it, to run your kit, for its whole lifetime. Part of this software is free software, governed by its own licence. Vigeos provides, on simple request to [email protected], the source code of the components whose licence requires it (camera firmware, box system), for at least three years after delivery of the kit.

2.6 Passing on your kit. The kit is linked to your account. To pass it on to a third party, it must first be reset by Vigeos, in our workshop: write to [email protected], who will tell you how to return it. A kit that has not been reset cannot be activated by another account.

Article 3: The service

3.1 What the subscription includes, on the date of publication of these Terms:

• fall detection by image analysis, performed on the box, in the equipped home;
• alerting family members by a notification on their phone, titled “Fall detected”, with no name or address; if no family member takes care of the alert, it is repeated by notification and by email;
• the “box offline” alert, sent to family members when the box stops responding; it cannot be turned off;
• alert video clips, end-to-end encrypted on the box, kept for 30 days, with the option of keeping up to 20 per household;
• live viewing of a camera’s image from the app, by the account holder and the family members they have invited: image only, without sound. Live view does not open during the camera’s pause period, nor without the monitored person’s consent, nor when the subscription is suspended or has ended. The app closes live view after 5 minutes, or as soon as it notices one of these situations; if it does not close it, Vigeos’s relay cuts the image at the latest about ten minutes after it was opened. Each opening is written to the household log, which all family members can read;
• the app for iPhone and Android, for the account holder and the family members they invite;
• updates of the box, the cameras and the app (article 11);
• support by email, and after-sales service (article 12.3);
• the service for the kit’s first camera; each camera beyond the first, whether delivered in a 2- or 3-camera tier or ordered afterwards (article 5.4), adds a monthly service supplement (article 6.2).

3.2 Features supplied once available. A feature that Vigeos announces before making it available is only included in the subscription from the moment it is made available. Vigeos informs you of it; its absence until then is not a lack of conformity of the service. On the date of these Terms, the following features are announced in this way:

• the prolonged inactivity alert: family members are told when no movement has been seen for the number of hours you chose; it will be offered to you with a pre-filled threshold of 6 hours, which you can change or decline;
• night-time monitoring: during hours you choose, an alert when getting up or wandering is seen;
• tracking of the day’s activity in the app.

3.3 What the service does not do.

• It sends no text messages (SMS). Alerts go through the app’s notifications and by email.
• It does not call the emergency services and does not come to the home.
• It does not monitor the bathroom or the toilet: the app refuses to install a camera there, and a fall in these rooms is not detected.
• It does no facial recognition and offers no listening.

3.4 What is not included. The home’s internet connection and electricity; each family member’s smartphone; any physical intervention at the home; any electrical or network work that may be needed.

Article 4: Consent of the monitored person

4.1 Blocking step. The service does not start without the consent of the monitored person. On activation, the app asks the account holder to state, depending on their situation:

• that they are themselves the monitored person and give their consent;
• or that they have informed the monitored person of how the service works and that the person has given their consent;
• or that they are in charge of the person’s legal protection, that they give consent on the person’s behalf after explaining it to them, and that they will respect the person’s refusal.

The statement is time-stamped and linked to the version of the text displayed. As long as it is missing, the box does not receive its configuration and monitors nothing.

4.2 Leaflet given to the monitored person. The box contains a paper leaflet for the monitored person, explaining the service and their rights, and a notice for people who work in the home (home help, carers, visitors). The leaflet also explains that family members can watch a camera’s image live, without sound, without the box screen showing it, for 5 minutes each time it is opened (about ten minutes at most if the app does not close live view), and that each opening is written to a log that all family members can read.

4.3 Refusal or withdrawal by the monitored person. The monitored person may, at any time, require the service to stop by writing to Vigeos ([email protected], or VIGEOS, 71 avenue des Trois Lucs, 13012 Marseille, France), without going through their family. Vigeos then suspends the service for the home within 48 hours. A new statement from the account holder does not lift this suspension: only a new written request from the monitored person lifts it.

4.4 Your commitments. You undertake to be able to prove the consent you stated, to inform the people who work in the home (notice provided) and, if you employ a home help, to inform them individually before the service starts.

Article 5: Order and formation of the contract

5.1 Kickstarter backers. The pledge is made on the Kickstarter platform, whose terms of use apply to the pledge itself. The contract binding you to Vigeos is formed under those terms; it covers the tier you chose (exact contents in the terms of the campaign). After the campaign, Vigeos sends you on a durable medium the confirmation of your order, these Terms and the withdrawal form (article L. 221-13 of the French Consumer Code). Activating the kit in the app requires accepting the version of the Terms in force on the date of your pledge.

5.2 Direct purchase. Direct sales are not open on the date of these Terms. When they are, you will choose the kit and the number of cameras, read the summary (price of the kit, monthly price, delivery costs, delivery date), accept these Terms, then pay. The contract is formed when payment is confirmed; the confirmation, the Terms and the withdrawal form are sent to you by email.

5.3 Account holder. The app account is opened in the name of the person who bought the kit or who pays the subscription. Only the account holder cancels, invites a family member or removes one; removing a family member also removes their access to the video clips.

5.4 Extra camera. The account holder orders an extra camera from the app, at any time after buying the kit. Before confirming, they see the price of the camera, the monthly service supplement that comes with it and the delivery costs. The contract is formed when payment for the camera is confirmed, at the price displayed at the time of the order. As long as this sale is not open, the app refuses the order.

Article 6: Prices

6.1 Kit and extra camera. Kit: for backers, the price of the tier chosen on Kickstarter, namely €399 for the box and one camera, €429 for the box and two cameras, €459 for the box and three cameras; for direct purchase, the price displayed when direct sales open. No month of service is included in the price of a tier.

Extra camera: it is sold for €30 per camera. During the campaign, it is added to the tier as an add-on (“Extra camera”) and paid with the pledge; after buying the kit, it is ordered from the app (article 5.4) and paid when ordering. Its service is added to the subscription under article 6.2. The price that applies is the one displayed at the time of the order.

6.2 Service. €29.99 per month, one camera included, due from the first month of service (article 7.2). €5 per month for the service of each camera beyond the first, including the cameras delivered in a 2- or 3-camera tier, from when it is put into service, up to a limit of 10 cameras per household. Example: the box and three cameras in service, €39.99 per month.

6.3 Delivery. Delivery costs are added to the price and depend on the country of delivery. Kickstarter backers, costs paid with the pledge:

Country of delivery	Box and 1 camera	Box and 2 or 3 cameras	Per camera added to the tier
France	€10	€10	€0
Other European Union member states	€30	€30	€0
United Kingdom, Switzerland	€30	€35	€0
Norway	€35	€45	€5
Rest of the world	€60	€80	€10

Direct purchase and camera ordered after buying the kit: costs shown in the order summary. Outside the European Union, any customs duties and import taxes charged by the country of delivery are payable by you.

6.4 VAT. VAT not applicable, article 293 B of the French General Tax Code. The amounts shown are the amounts you pay: no tax is added to them, subject to import duties and taxes outside the European Union (article 6.3).

If Vigeos becomes liable for VAT, the sums already paid (kit, cameras, months already paid) do not change. For the following instalments of the subscription, any change in price, including one resulting from VAT, follows article 6.5.

6.5 Change in the subscription price. Any increase is notified to you by email at least one month before it takes effect. If it does not suit you, you can cancel free of charge before that date (article 14).

Article 7: Payment

7.1 Kickstarter pledge. The amount of the tier is collected by Kickstarter at the end of a successful campaign, under its terms. Those terms treat the confirmed pledge as a conditional multi-purpose voucher, exchanged for the reward once the project is completed. Vigeos undertakes to deliver the kit of the tier or, failing that, to refund you under article 8.4.

7.2 Taking out the subscription. No month of service is included in a Kickstarter tier or in the price of the kit. The account holder takes out the subscription from the app, when activating the kit (article 10.1), by bank card or SEPA direct debit, with our payment provider Stripe; the first month is paid when subscribing. No payment is taken without this subscription, and without a subscription the kit does not work (articles 2.3 and 15).

7.3 Paying the subscription. The subscription is paid in advance each month, by bank card or SEPA direct debit, via Stripe. Vigeos keeps no bank details.

7.4 Failed payment. You are informed by email and in the app. While the payment is outstanding, a detected fall is still notified to family members, without the reminders (repeated notifications and email); the other features are suspended. The full service resumes as soon as the payment is settled. An unpaid amount for more than 30 days leads to the cancellation of the subscription (article 14.3).

7.5 Invoices. Vigeos sends you an invoice for each payment, bearing the statement “TVA non applicable, art. 293 B du CGI” (VAT not applicable).

Article 8: Delivery

8.1 Area. The whole world, at the delivery costs of article 6.3. Vigeos may refuse a delivery to a country where the kit cannot legally be placed on the market; the sums paid are then refunded to you. The app and the emails are available in French and in English; the leaflet and these Terms are written in French. An English translation of these Terms is published at https://vigeos.fr/en/terms/ for information: in case of any difference, the French version prevails.

8.2 Date. Kickstarter backers: delivery estimated in the third quarter of 2027, after CE marking of the kit. Vigeos ships no kit before the box and the camera comply with the applicable regulations. If the estimated date has to slip, Vigeos informs you as soon as it knows, with the reasons and a new estimate. Direct purchase: the time announced when ordering; failing any indication, delivery takes place at the latest 30 days after the contract is concluded (article L. 216-1).

8.3 Receipt. Check the parcel on receipt and report any damage or missing item to Vigeos as soon as possible. The kit is delivered with its instructions for use, its installation instructions and its safety information (article L. 216-4).

8.4 Delay. If the kit is not delivered on the agreed date or within the agreed time, you may, after giving Vigeos formal notice to deliver within a reasonable additional time, terminate the contract; Vigeos then refunds all the sums paid at the latest within 14 days (articles L. 216-6 and L. 216-7).

Article 9: Right of withdrawal (14 days)

9.1 Period. You have 14 days to withdraw, without giving any reason and without penalty, for the kit as well as for the service.

• Kit: it is a sale; the period runs from the day you, or a third party designated by you other than the carrier, receive the kit.
• Extra camera (article 5.4): the camera is goods sold; the period runs from the day you receive it, and withdrawal includes the service supplement that comes with it.
• Subscription, taken out in the app when activating the kit (article 7.2): the period runs from the conclusion of the subscription.

If the period expires on a Saturday, a Sunday or a public holiday, it is extended to the next working day.

9.2 How to exercise it. Inform Vigeos of your decision by an unambiguous statement, before the period expires: by email to [email protected], or by post to VIGEOS, 71 avenue des Trois Lucs, 13012 Marseille, France. You may use the form in annex A, but you do not have to.

9.3 Effects.

• You send back the complete kit, or the extra camera, at the latest 14 days after telling us your decision. The return costs are borne by Vigeos: a prepaid label is provided on request.
• You are only liable for any loss in value of the kit resulting from handling other than what is necessary to establish its nature, characteristics and proper functioning.
• Vigeos refunds all the sums paid, delivery costs included, at the latest 14 days after being informed of your decision. Vigeos may withhold the refund until it has received the kit back, or until you have supplied proof of having sent it, whichever is earlier. A pledge paid through Kickstarter is refunded by bank transfer.

9.4 If the service has started. Activating the kit before the end of the period amounts to expressly requesting that the service starts during that period: the app records this request at activation. You do not lose your right of withdrawal. If you withdraw, you owe an amount proportionate to the service supplied until you communicated your decision, calculated on the monthly price of your subscription (€29.99, plus €5 per camera beyond the first). Vigeos never asks you to waive this right.

Article 10: Activation and start of the service

10.1 Activation. From the app: creating the account, pairing the box over Bluetooth, choosing the Wi-Fi, statement of consent of the monitored person (article 4), choosing the equipped rooms (no bathroom or toilet), inviting family members, then a test notification to check that each phone receives the alerts.

10.2 Beta version at launch. When the first kits are put into service, the service is supplied in a so-called beta version: alerts are active from day one, and after each alert the app asks you whether it was a real fall or a false alarm. Your answers are used to monitor the reliability of the service; they do not change your subscription. Vigeos informs you by email when the beta version ends.

Article 11: Updates and security

11.1 What Vigeos provides. Vigeos provides free of charge the updates, including security updates, needed to keep the box, the cameras and the app in conformity:

• for the whole duration of your subscription;
• and, in any event, for at least two years from delivery of the kit (article L. 217-19 of the French Consumer Code).

Security updates for the box and the cameras are provided for at least five years from when the kit is placed on the market, whether or not a subscription is current.

11.2 Installation. The box installs its updates and those of the cameras automatically, preferably at off-peak times; monitoring may stop for a few minutes during installation. The app is updated through the App Store or Google Play; a version of the app that is too old may no longer receive alerts, and the app tells you so. Vigeos is not liable for a defect resulting solely from not installing an update it informed you of, together with its consequences (article L. 217-19, II).

11.3 Changes to the service. An update may change the features. Vigeos informs you of any change that reduces an included feature; if it causes you more than minor harm, you can cancel free of charge.

11.4 Reporting a vulnerability. A security vulnerability is reported to [email protected] (see https://vigeos.fr/.well-known/security.txt).

11.5 Encryption: what it protects, and its limits.

Video clips. They are encrypted on the box, before anything is sent, for the phones of the household members. Vigeos keeps them without being able to watch them. The 12-word phrase created on your phone is the only way to recover them on another phone: Vigeos does not know it and cannot recreate it. Limit: Vigeos’s server is what tells the box which phones belong to the household. If this server were hacked, or modified by Vigeos, a key could be added without the household knowing and make it possible to read the clips recorded afterwards; the clips already recorded would remain unreadable.

Live view. The image is encrypted from the box to the phone. It goes through a relay run by Vigeos on its server, the one that hosts the account data, which passes it on without being able to watch it. Limit: the connection between the box and the phone is set up through Vigeos’s server. If this server were hacked, or modified by Vigeos, it could step in between the box and the phone and see the image of a live view opened afterwards.

Vigeos plans for each new phone to be approved by the household’s phones already registered, and for the box to check it; until this is the case, these two limits remain. The details are in article 7 of the privacy policy.

Article 12: Guarantees

12.1 Legal guarantee of conformity and guarantee against hidden defects of the kit. Notice required by article D. 211-2 of the French Consumer Code (translation; the French statutory wording is on the French page):

12.2 Legal guarantee of conformity of the service. For the subscription, a digital service supplied continuously and taken out separately from the kit, the notice in annex B (article D. 211-3) is reproduced, subject to the note below it.

12.3 Commercial advance replacement guarantee. In addition to the legal guarantees, and without reducing them: for the whole duration of your subscription, if the box or a camera breaks down, Vigeos ships a replacement device within 48 working hours after remote diagnosis, with nothing to pay upfront, with a prepaid label to send back the faulty device. This guarantee applies in all countries of delivery; outside the European Union, the shipping time of the replacement device is added to the 48 working hours. It does not cover deliberate breakage, immersion, lightning, theft, or use not in accordance with the instructions. Guarantor: VIGEOS, 71 avenue des Trois Lucs, 13012 Marseille, France, [email protected].

12.4 After-sales service. By email to [email protected]. Vigeos answers within 5 working days, and without waiting for that time for a box that is out of service.

Article 13: Limits of the service and liability

13.1 What automatic detection does not guarantee.

• Detection relies on image analysis by artificial intelligence. It can be wrong both ways: a real fall may not be detected, and a harmless situation may trigger an alert.
• It only works within the field of view of the installed cameras. A fall out of view, behind furniture, in a room without a camera, in the bathroom or the toilet is not detected.
• It depends on the home’s electricity and internet connection. An outage interrupts detection; the “box offline” alert then warns family members, once the time needed to detect the outage has passed.
• Delivery of alerts depends on each family member’s network and phone, its settings, and Apple’s and Google’s notification services. Depending on the phone’s settings, a notification may not ring in silent mode or in “Do Not Disturb” mode.
• The performance of the detection has not been validated by a third-party body in real conditions. Vigeos publishes no detection rate.
• Live view depends on the phone’s network and the home’s network: some networks (company networks, hotels, some public Wi-Fi) block it. The app closes it after 5 minutes, and as soon as you leave it or it goes to the background; if it does not close it, Vigeos’s relay cuts the image at the latest about ten minutes after it was opened. The person being filmed is not warned on the box screen that a family member is watching.

Vigeos is therefore bound by an obligation of means and not of result as regards fall detection. The service helps family members stay vigilant: it replaces neither a human presence, nor medical follow-up, nor a call to the emergency services.

13.2 Availability. Vigeos uses reasonable means to ensure the continuity of the service, without guaranteeing uninterrupted operation. Planned interruptions are announced to you in advance as far as possible.

13.3 Liability. Vigeos is liable for damage resulting directly from a failure to meet its obligations, under the conditions of ordinary law. Vigeos is not liable for the consequences of a power or internet outage at the home, a phone that is switched off or wrongly set, a camera that is unplugged, moved or obstructed, a room without a camera, or the lack of reaction of the family members receiving an alert. No provision of these Terms is intended to, or has the effect of, excluding or limiting Vigeos’s liability for personal injury, gross negligence or wilful misconduct.

13.4 Your obligations.

• Obtain the consent of the monitored person and be able to prove it (article 4).
• Inform the people who work in the home, with the notice provided.
• Not point the cameras at public space, a neighbouring dwelling or a common area; never install one in the bathroom or the toilet.
• Keep the home’s electricity and internet connection running.
• Keep at least one family member who receives the alerts, and check in the app that the phones receive them.
• Take care of the kit and report any breakdown without delay.

Article 14: Duration and cancellation

14.1 Duration. The subscription is monthly, with no minimum term, and renews each month until it is cancelled.

14.2 By the account holder. The account holder cancels at any time, free of charge and without giving a reason, from the app (Account, then My subscription, then Cancel my subscription), or by writing to [email protected] from their account’s email address, or by post. Cancellation takes effect at the end of the current monthly period; a written confirmation is sent to you by email. You can change your mind until that date.

Deleting the account holder’s account amounts to immediate cancellation of the subscription, with no new payment taken, before the data is erased.

14.3 By Vigeos. Vigeos may cancel the subscription without notice in the event of prolonged non-payment (article 7.4), misuse of the service (monitoring a person without their knowledge or despite their objection, a camera in the bathroom or the toilet, filming public space or third parties who have not been informed) or deliberate damage to the kit.

14.4 Effect of cancellation. On the effective date, the whole service stops: no more detection, no more alerts, no more app. The box goes into the state described in article 15.

14.5 Permanent end of the service by Vigeos. If Vigeos were to stop operating the service, it would inform you at least three months in advance.

Article 15: End of the service and inactive kit

When the subscription ends (cancellation, prolonged non-payment), the box stops: it no longer detects anything, alerts nobody and shows “service ended”, with no code or secret on the screen. The cameras are no longer analysed.

The kit remains your property. You can reactivate it at any time by taking out the subscription again from the app, without buying new equipment.

Article 16: Personal data

Vigeos is the controller of the service’s data. The data processed, how long it is kept, who receives it and how you, and the monitored person, can exercise your rights are described in the privacy policy (https://vigeos.fr/confidentialite/, English translation at https://vigeos.fr/en/privacy/), which is part of the contract.

Article 17: Intellectual property

The Vigeos brand, the app, the software of the box and the cameras and the documentation remain the property of Vigeos or its licensors, subject to the free licences mentioned in article 2.5.

Article 18: Complaints and mediation

First write to [email protected]: Vigeos answers within 5 working days.

If a disagreement persists, you may use, free of charge, the consumer mediator Vigeos falls under (article L. 616-1 of the French Consumer Code). Vigeos has not yet appointed its mediator on the date of these Terms: until it has, the obligation to join a mediation scheme is not met, and we do not claim otherwise. For a dispute with a professional established in another member state, the European Consumer Centres Network can help you.

Article 19: Waste electrical equipment and packaging

Vigeos takes back free of charge a used device of the same type when delivering a new kit, and tells you where the kit can be collected at the end of its life. Vigeos’s unique identifier in the producers’ register (WEEE and packaging) has not yet been allocated on the date of these Terms.

Article 20: Force majeure

Neither party is liable for a failure resulting from force majeure within the meaning of article 1218 of the French Civil Code.

Article 21: Changes to the Terms

Vigeos may change these Terms. Any substantial change is notified to you by email at least one month before it takes effect; if it does not suit you, you can cancel the subscription free of charge before that date. The sale of the kit remains governed by the Terms in force on the day of your order or pledge.

Article 22: Governing law and disputes

These Terms are governed by French law. This choice does not deprive you of the protection given to you by the mandatory provisions of the law of the country where you habitually reside. In the event of a dispute, and after an attempt at amicable settlement, you may bring the matter before the court of your place of residence or that of Vigeos’s registered office.

Annex A: withdrawal form

Model form of the annex to article R. 221-1 of the French Consumer Code, in the English wording of annex I, part B, of Directive 2011/83/EU. You do not have to use it.

Annex B: guarantee notice for the digital service

Notice required by article D. 211-3 of the French Consumer Code, applicable to the subscription taken out separately (article 12.2). Translation; the French statutory wording is on the French page: