Last updated: 23 June 2026
IMPORTANT NOTICE — PLEASE READ. Section 19 (Dispute resolution, arbitration and class action waiver) requires most disputes between you and Ezybandz to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms, as described in Section 19. Section 4 and Section 15 also limit our liability. Please read these sections carefully.
1. About these terms
These Terms and Conditions (the “Terms”) govern your access to and use of the Ezybandz website, online store, mobile application, connected wearable devices, accessories, subscriptions and related products and services (together, the “Services”) made available by Ezybandz Inc., a corporation organized under the laws of the State of Texas, with its principal place of business in Magnolia, Texas, United States (“Ezybandz,” “we,” “us” or “our”), and any related entity identified at the point of sale as the seller or service provider.
By accessing our website, creating an account, placing an order, activating a device, downloading or using our app, or subscribing to any paid plan, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.
These Terms include and incorporate the dispute resolution, arbitration and class action waiver provisions in Section 19, the disclaimers in Sections 4 and 14, and the limitation of liability in Section 15.
2. Eligibility and accounts
You must be at least 18 years of age and able to form a binding contract to purchase from us or hold an account. If you are under 18, you may only use the Services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms and is responsible for your use.
Where you purchase, activate or administer a Service for another person, including a child, dependant or person you care for, you represent that you have the authority to do so and to provide their information and enable alerts, notifications, emergency contacts and related functions on their behalf.
You must provide accurate, current and complete information, keep your login credentials secure, and promptly notify us of any unauthorized use of your account. You are responsible for activity under your account except to the extent caused by our breach of our security obligations. We may suspend or restrict access to an account where reasonably necessary to protect our systems, comply with law, investigate misuse, prevent fraud, or respond to a security incident.
3. Services covered
These Terms apply to our website and online store; our mobile application and related software; wearable devices and accessories; subscription plans and recurring services; digital content, notifications and alerts; and customer support and related services.
Additional product-specific terms, subscription terms, promotion terms, enterprise terms or integration terms may apply. Where they do, those additional terms prevail to the extent of any inconsistency with these Terms for the relevant Service.
4. Health, safety and emergency use; assumption of risk
Ezybandz products and services are designed to support personal safety, awareness, communication and user-directed information sharing. They are not medical devices and are not intended to diagnose, treat, cure, prevent or monitor any disease or medical condition. They are not a substitute for professional medical care, clinical supervision, caregiving, emergency response services, or your own safety precautions.
Features including fall detection, SOS, location services, geofencing, inactivity monitoring, reminders, alerts and notifications depend on factors outside our control, including battery level and charging, device fit and positioning, software and firmware status, cellular and GPS coverage, carrier and network availability, third-party services, and environmental conditions. We do not warrant or guarantee that any feature will detect an event, transmit or deliver an alert, locate a user, or operate without interruption, delay or error, at any given time.
You acknowledge and accept these limitations and, to the maximum extent permitted by law, you assume the risks associated with relying on the Services for personal safety. In an emergency, you and your contacts must contact local emergency services directly (such as 911 in the United States or 000 in Australia) and must not rely solely on an Ezybandz product or service.
5. Orders
An order placed through our website, app or an approved sales channel is an offer by you to purchase the relevant product or service. Orders are subject to acceptance by us, and a binding contract is formed only when we issue an order confirmation or otherwise accept the order.
We may decline or cancel an order where the product or service is unavailable; there is a pricing or description error; payment cannot be processed; we reasonably suspect fraud, misuse or unlawful activity; or the order would breach these Terms or applicable law. If we reject or cancel an order before dispatch and you have already paid, we will refund the amount paid for the affected order.
6. Pricing, taxes and payment
Prices are shown in the currency specified at checkout. Unless stated otherwise, prices do not include sales tax, use tax, VAT, GST, customs duties or import charges, which are your responsibility where they apply. Applicable sales tax will be calculated and shown at checkout where required.
You authorize us and our payment service providers to charge your nominated payment method for all amounts due in connection with your order or subscription. We may use third-party payment processors, and your payment may be subject to validation and authorization by the relevant provider. If payment is not received or is reversed, we may suspend the Service, withhold shipment, cancel the order, or recover the unpaid amount.
For approved invoiced business accounts, overdue amounts may accrue interest at the lesser of 10% per annum and the maximum rate permitted by applicable law, calculated daily on the overdue amount from the due date until paid in full.
7. Subscriptions and automatic renewal
If you purchase a subscription, the subscription begins on the date stated in your order confirmation and continues for the billing period you select.
Automatic renewal. Unless stated otherwise at the time of purchase, subscriptions renew automatically for successive billing periods until cancelled. Before you subscribe, we will clearly disclose the recurring charge, the billing frequency, the amount (or how it is determined), and how to cancel, and we will obtain your affirmative consent to the recurring charge. By subscribing, you authorize us to charge the recurring fee and any applicable taxes to your payment method at the start of each billing cycle.
Cancellation. You may cancel at any time through your account settings or by contacting us, using a method at least as easy as the method you used to subscribe. Cancellation takes effect at the end of the current billing period unless we state otherwise. Where required by law, we will send renewal or price-change reminders.
Unless required by law, fees already paid for a current billing period are non-refundable after that period has started, except where we agree otherwise in writing, the service was not supplied due to our fault, or you have a refund right under applicable law. We may change subscription pricing, features or inclusions on at least 30 days’ prior notice; if you do not cancel before the change takes effect, the updated terms apply from the next billing cycle. If a payment fails, we may retry, suspend access to paid features, or cancel the subscription after reasonable notice.
8. Delivery, title and risk
We deliver to the locations specified at checkout or otherwise approved by us. Delivery timeframes are estimates only and are subject to carrier delays, stock availability, customs processing and events beyond our reasonable control.
Risk of loss for physical goods passes to you on delivery to the address or collection point you nominate, unless applicable law requires otherwise. Title passes to you once full payment has been received and the goods have been delivered. If delivery fails because the details you provided are inaccurate or incomplete, or no authorized person is available to receive the order where required, additional delivery charges may apply.
9. Returns, faults and limited warranty
If you believe a product is faulty, damaged, incorrect or not as described, contact us as soon as reasonably possible with details of the issue. Any express limited warranty we provide for a product is set out in the warranty document supplied with that product or made available on our website, and is limited to the terms of that document.
For change-of-mind returns, we may accept returns in accordance with the returns policy published on our website from time to time. Change-of-mind returns are not available for opened hygiene-sensitive items, customized items, digital products already accessed, or other excluded items identified at the point of sale, unless required by law. Returned products must be returned in accordance with our instructions; unless the return is due to our error or a legal entitlement, you are responsible for return shipping costs. Approved refunds are usually made to the original payment method.
Statutory rights. Some jurisdictions provide consumers with non-waivable rights, warranties or guarantees. Nothing in these Terms excludes, restricts or modifies any right or remedy you have that cannot lawfully be excluded, restricted or modified. Australian consumers should also read Section 21.
10. Software, app features and service availability
We may update, modify, improve, suspend or discontinue any part of the website, app, firmware, platform or Services from time to time, including updates required for security, functionality, compatibility or compliance. Some features may not function properly unless the latest updates are installed.
We do not guarantee uninterrupted availability of any digital feature, cloud function, alerting function, integration or user interface. Some features depend on third-party infrastructure, including app stores, telecommunications carriers, hosting providers, mapping services, GPS networks, device manufacturers and integration partners, and we are not responsible for outages or failures caused by those third parties, except to the extent required by law.
11. Acceptable use
You must not:
- use the Services in breach of any law;
- interfere with the operation, security or integrity of our systems;
- attempt to gain unauthorized access to accounts, data, networks or software;
- upload or transmit malicious code;
- misuse alerts, emergency features or communications functions;
- copy, reverse engineer, resell or exploit any part of our software or Services except as permitted by law; or
- use the Services for fraudulent, abusive or unlawful purposes.
We may suspend or terminate access where we reasonably believe there has been misuse, unlawful conduct, a security risk or a breach of these Terms.
12. Privacy and data use
Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge that we may collect and process information such as account details, device identifiers, usage data, billing information, support records, device event data, and, where enabled by you or the user, location, alert and monitoring data.
Where you purchase or administer a Service for another person, you are responsible for obtaining any authority or consent required to provide their information to us and to enable monitoring, notifications, emergency contacts or similar functions. Please review our Privacy Policy carefully before using the Services.
13. Intellectual property
All intellectual property rights in our website, app, software, firmware, content, branding, designs, documentation and related materials remain owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use our website, app and software for your personal or internal business use in connection with authorized use of the Services. You must not copy, modify, distribute, commercialize, reverse engineer or create derivative works from our materials except as permitted by law or with our prior written consent.
14. Disclaimer of warranties
To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Without limiting the above, we do not warrant that the website, app or Services will be uninterrupted, secure, timely or error-free; that data transmission delays, outages or interruptions will not occur; or that any product or service is suitable for a particular purpose not expressly confirmed by us in writing. Informational content we make available is general in nature and is not medical, clinical, emergency or legal advice.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you, and you may have additional statutory rights.
15. Limitation of liability
To the maximum extent permitted by applicable law:
- we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill, opportunity or use, arising out of or relating to the Services, even if we have been advised of the possibility of such damages;
- we will not be liable for loss or harm arising from misuse of a product, failure to charge or maintain a device, failure to follow instructions, unauthorized modification, third-party services, connectivity or coverage failure, battery depletion, service interruption, or circumstances beyond our reasonable control; and
- our total aggregate liability arising out of or relating to the Services will not exceed the greater of (i) the total amount you paid to us for the product or service giving rise to the claim in the twelve (12) months before the event giving rise to the claim, and (ii) two hundred fifty US dollars (US$250).
This limitation applies whether a claim arises in contract, tort (including negligence), under statute or otherwise, and survives any failure of an essential purpose of a limited remedy.
Exceptions. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or willful misconduct; or any other liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above may not apply to you.
16. Indemnity
To the extent permitted by law, you will indemnify us against losses, claims, damages, liabilities, costs and expenses reasonably incurred by us arising from your misuse of the Services; your breach of these Terms; your infringement of another person’s rights; or your failure to obtain any authority or consent required where you purchase, activate or manage a Service for another person — except to the extent the loss was caused by our negligence, willful misconduct or breach of law.
17. Suspension and termination
You may stop using the Services at any time and may cancel your account or subscription in accordance with these Terms.
We may suspend or terminate your access, account, order or subscription where reasonably necessary if you materially breach these Terms and the breach is not capable of remedy, or is not remedied within 14 days after notice; we reasonably suspect fraud, misuse, unlawful activity or a security threat; we are required to do so by law or a regulator; or continued supply is not reasonably possible due to events beyond our control.
We may discontinue a product or service for convenience on at least 30 days’ notice, unless a shorter period is reasonably required for legal, security or safety reasons. If we terminate a paid subscription for our convenience, we will provide a pro rata refund for any prepaid period not supplied, unless the termination resulted from your breach. Termination does not affect accrued rights, payment obligations, or any clause intended to survive termination.
18. Changes to the Services or these Terms
We may make reasonable changes to the Services and these Terms from time to time. If we make a change that materially affects your rights or obligations, we will give notice by posting the updated Terms on our website, through the app, by email, or by another reasonable method. The updated Terms apply from the date stated in the notice. If you do not agree, you must stop using the affected Services and, where applicable, cancel before the changes take effect. No change applies retrospectively to an accepted order unless required by law or agreed with you.
19. Dispute resolution, arbitration and class action waiver
Please read this Section carefully. It affects your legal rights. This Section applies to the maximum extent permitted by law and is subject to Section 21 for Australian consumers.
Informal resolution first
Before starting an arbitration or court proceeding, you agree to first contact us at legal@ezybandz.com, describe the dispute and the relief you seek, and give us sixty (60) days to try to resolve the dispute informally. Either party may seek urgent injunctive or equitable relief at any time where reasonably necessary to protect intellectual property, confidential information, privacy, data security, or other rights requiring immediate protection.
United States users, binding arbitration
If you are ordinarily resident in the United States, and we cannot resolve a dispute informally, you and Ezybandz agree that any dispute, claim or controversy arising out of or relating to the Services or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, rather than in court, except as stated below. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator will decide all issues except those reserved to a court under applicable law. Judgment on the award may be entered in any court of competent jurisdiction.
Unless you and we agree otherwise, any in-person hearing will take place in the county in the United States where you reside, or another mutually agreed location. The American Arbitration Association rules will govern the allocation of filing, administrative and arbitrator fees, subject to applicable law.
Class action and jury trial waiver for United States users
If you are ordinarily resident in the United States, you and Ezybandz agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative or private attorney-general proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative, class or collective proceeding, except to the extent required by law. If a court or arbitrator determines that this waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief will be severed and may proceed in a court of competent jurisdiction, and the remainder of this Section will continue to apply. You and Ezybandz also waive any right to a jury trial to the extent permitted by law.
Exceptions
Nothing in this Section prevents either party from:
- bringing an individual claim in a small claims court if the claim is within that court’s jurisdiction;
- seeking injunctive or equitable relief in a court of competent jurisdiction for misuse of intellectual property, breach of confidentiality, privacy or data security issues, or unauthorized access to systems or data; or
- bringing a claim where arbitration cannot lawfully be required.
Thirty (30) day right to opt out for United States users
If you are ordinarily resident in the United States, you may opt out of the arbitration and class action waiver provisions in this Section by emailing legal@ezybandz.com within thirty (30) days after first accepting these Terms. Your opt-out notice must include your name, the email address or account associated with your purchase or account, and a clear statement that you are opting out of arbitration. Opting out of arbitration does not affect any other part of these Terms.
Non-United States users
If you are not ordinarily resident in the United States, the arbitration, class action waiver and jury trial waiver provisions in this Section do not apply unless they can lawfully be enforced against you under the law that applies to your use of the Services.
20. Governing law and forum
If you are ordinarily resident in the United States, these Terms and any dispute relating to them or to the Services are governed by the laws of the State of Texas and applicable United States federal law, without regard to conflict-of-laws principles. Subject to Section 19, you and Ezybandz submit to the exclusive jurisdiction of the state courts located in Montgomery County, Texas and the federal courts serving that county for any dispute not required to be resolved by arbitration.
If you are not ordinarily resident in the United States, and Section 21 does not apply to you, these Terms and any dispute relating to them or to the Services are governed by the laws of the jurisdiction in which the seller or contracting Ezybandz entity identified at the point of sale is organized, unless mandatory law in your place of residence requires otherwise. To the extent permitted by law, the courts of that jurisdiction will have non-exclusive jurisdiction.
Nothing in these Terms overrides any mandatory consumer protection law that applies to you and cannot be waived.
21. Regional terms for Australian consumers
If you are a consumer ordinarily resident in Australia, this Section applies and prevails over any inconsistent provision of these Terms.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, including guarantees as to acceptable quality, fitness for disclosed purpose and due care and skill. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
For Australian consumers, Section 19 does not apply to the extent it would exclude or restrict a right or remedy you have under the Australian Consumer Law or other mandatory law. You may bring a claim in an Australian court as permitted by law.
For Australian consumers, these Terms are governed by the law of your State or Territory of residence in Australia, and you submit to the non-exclusive jurisdiction of its courts.
For Australian consumers, the limitation of liability in Section 15 applies only to the extent permitted by the Australian Consumer Law. Where we are permitted to limit liability for a failure to comply with a consumer guarantee in relation to goods or services not ordinarily acquired for personal, domestic or household use or consumption, our liability is limited, at our option, to:
- in the case of goods, replacing the goods, repairing the goods, supplying equivalent goods, or paying the cost of doing so; and
- in the case of services, resupplying the services or paying the cost of having the services resupplied.
22. Third-party services and links
Our website or app may link to, or integrate with, third-party websites, products, services or platforms. We do not control and are not responsible for third-party services, content, terms or privacy practices. Your use of third-party services is at your own risk and may be subject to separate terms.
23. General
If any provision of these Terms is held invalid, illegal or unenforceable, it will be severed to the minimum extent necessary and the remaining provisions continue in full force. Our failure to enforce a right does not waive that right. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; we may assign or novate these Terms as part of a corporate restructure, sale of business, merger or transfer of assets, provided your rights are not materially reduced. These Terms, together with any order confirmation, applicable product-specific terms, warranty documents and our Privacy Policy, form the entire agreement between you and us in relation to the relevant Services.
24. Contact
For customer support, billing enquiries, subscription cancellation, warranty claims, privacy requests or notices under these Terms, please contact:
Ezybandz Inc.
Magnolia, Texas 77354, United States
Email: legal@ezybandz.com (legal and privacy) | support@ezybandz.com (orders and support)
Website: www.ezybandz.com