Terms of Service
Effective Date: 09.10.2025 v.1 Issued by: Five Abricos Limited (Gramplys) Legal address: Unit 1102, 11/F, 29 Austin Road, Tsim Sha Tsui, Kowloon, Hong Kong Contact: support@gramplys.com 1. Services, Eligibility, and Your Account(a) Provision of Services.
 Five Abricos Limited (“we”, “our”, “Company”) provides products and services under the Gramplys brand (“Services”), including smart monitoring devices, related software, mobile applications, and cloud-based analytics, subject to the terms of this Agreement.
(b) Eligibility.
 Only individuals aged 18 years or older are permitted to register for and use the Services. By creating an Account or otherwise using the Services, you confirm that you are 18 years of age or older and have the legal capacity to enter into this Agreement.
 The Services are intended for adult customers who manage, configure, pay for, and personally use the devices — including to assist elderly family members or dependents where applicable.
(c) Account Registration.
 To use the Services, you must create an Account at app.gramplys.com or through the Gramplys mobile application using your email address and password, or via approved third-party authentication providers (Google, Apple, or Facebook).
 You agree to provide current, complete, and accurate Account information and to keep your credentials secure. All activities occurring under your Account are considered your responsibility.
 If you suspect unauthorized access or use of your Account, you must immediately notify us at support@gramplys.com.
(d) Regional Designation.
 If you reside within the European Economic Area (EEA), your Account region must be designated as “Europe”, and your personal data will be processed in accordance with the EU General Data Protection Regulation (GDPR). Users outside the EEA will have their data processed under applicable international data-protection laws.
(e) Company’s Rights.
 Five Abricos Limited reserves the right to refuse or terminate any Account at its sole discretion if information provided is found to be inaccurate, incomplete, or misleading, or if misuse of the Services is detected.
2. Term and Termination(a) Term.
 This Agreement remains in effect as long as your subscription or account is active. Each paid subscription term automatically renews unless cancelled before the next billing cycle.
(b) Cancellation by Subscriber.
 You may cancel your subscription at any time through your Account dashboard at app.gramplys.com or directly via your payment provider account (such as Stripe or PayPal).
 Your subscription will remain active until the end of the current billing period, and no refunds or credits will be provided for partial or unused periods.
(c) Cancellation or Suspension by Company.
 Five Abricos Limited may suspend or terminate your Account or Services at any time if:
●       a payment is overdue or declined;


●       you breach this Agreement;


●       your use of the Services is illegal, fraudulent, or harmful to others.


The Company may notify you by email before suspension, but such notice is not mandatory. Upon termination, access to the Services will be disabled, and stored data may be deleted in accordance with our Privacy Policy.
(d) Effect of Termination.
 After termination, you remain responsible for any unpaid amounts. Five Abricos Limited has no further obligation to provide Services, and any fees already paid will not be refunded.
3. Payment for Services(a) Subscription Fees.
 All paid features of the Gramplys Services, including device-connected cloud functions and premium analytics, are provided on a subscription basis.
 You may choose either monthly or annual billing cycles, both charged in U.S. Dollars (USD). All payments are due in advance for each selected billing period.
(b) Authorization of Payments.
 By purchasing a subscription, you authorize Five Abricos Limited to charge the payment method associated with your Account — whether through Stripe, PayPal, or another approved provider — for recurring fees at the beginning of each billing cycle until you cancel.
 If a charge is declined, we may attempt to re-process it and may temporarily continue service for up to five (5) days. If payment remains unsuccessful after that period, the Company may suspend or terminate your Services without further notice.
(c) Price Changes.
 Five Abricos Limited reserves the right to change subscription prices or introduce new charges at any time.
 In such case, we will notify you at least 30 days in advance by email sent to the address registered with your Account. The new price will take effect at the start of your next billing cycle. By continuing to use the Services after the effective date of the change, you agree to the updated pricing.
(d) Taxes and Fees.
 All payments are exclusive of applicable taxes, duties, or government fees. You are solely responsible for any such charges required under your local laws.
4. InsuranceThe service fees charged by Five Abricos Limited are based solely on the value of the digital Services provided and do not constitute insurance premiums.
 The Company is not an insurer and does not provide insurance coverage of any kind against loss, damage, injury, or death.
You acknowledge and agree that:
●       The Gramplys system and Services are designed to assist with monitoring and early detection but cannot guarantee prevention of incidents such as falls, medical emergencies, or property damage.


●       Any desired insurance coverage for personal injury, property loss, or similar risks must be obtained separately by you from an independent insurance provider, at your own cost.


You release Five Abricos Limited, its affiliates, employees, and contractors from any liability for losses or damages that are or could be covered by such insurance.
 You also waive and release any rights of subrogation (claims by your insurer) against the Company.
5. Limitations of Liability and ReleaseBy using the Services, you expressly agree to release Five Abricos Limited, its affiliates, directors, officers, employees, contractors, agents, and representatives (collectively, the “Company Parties”) from all liability arising out of or in connection with your use of the Services, devices, or applications, except where prohibited by law.
Under no circumstances shall the Company Parties be liable to you or any third party for any indirect, incidental, consequential, exemplary, punitive, or special damages, including but not limited to:
●       loss of data, privacy, revenue, or profits;


●       personal injury or death;


●       property damage;


●       or any loss resulting from failure or malfunction of devices, applications, or connectivity.


Even if any Company Party is found liable for damages, the total cumulative liability shall not exceed the amount you paid for the first twelve (12) months of your subscription connected to the Gramplys Services.
This limitation reflects an agreed allocation of risk and applies even if multiple incidents or claims occur.
 Some jurisdictions do not allow exclusion of liability for certain types of damages (such as intentional misconduct, fraud, or personal injury). In those cases, the limitations above apply only to the extent permitted by applicable law.
6. No Warranties or Right of Cancellation(a) Services Provided “As Is.”
 All Gramplys products and Services are provided “as is” and “as available.”
 Five Abricos Limited and its affiliates make no warranties or representations of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, availability, security, or non-infringement.
The Company does not guarantee that the Services will always operate without interruptions, errors, delays, or defects, or that all issues can be corrected.
 You acknowledge that occasional service disruptions may occur due to maintenance, network conditions, third-party providers, or other factors beyond the Company’s control.
(b) Disclaimer of Responsibility for Outcomes.
 The Gramplys system is designed to assist with monitoring and safety but is not a medical device and does not guarantee the prevention of falls, injuries, or medical emergencies.
 You are solely responsible for the appropriate use of the Services and for maintaining any necessary back-up or emergency support systems.
(c) No Automatic Right of Cancellation.
 The Services are not offered under any trial period or “right of withdrawal” policies. Once a subscription is activated and payment is processed, it remains valid until the end of the current billing cycle, as specified in Section 2. No refunds are provided for partial use or early termination.
7. IndemnificationYou agree to indemnify, defend, and hold harmless Five Abricos Limited, its affiliates, officers, employees, contractors, and agents (collectively, the “Company Parties”) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
●       your use or misuse of the Gramplys devices, applications, or Services;


●       your violation of this Agreement or of any applicable law or regulation;


●       any claim or dispute made by a third party related to your actions or omissions;


●       any recording, storage, or sharing of video, audio, or personal data in violation of privacy, data-protection, or communication laws.


This obligation applies regardless of whether any such claim arises from the active or passive negligence of the Company Parties, except where prohibited by applicable law.
If a third-party claim is brought against any Company Party, the Company may, at its own discretion, assume exclusive defense and control of the matter, in which case you agree to cooperate fully with the Company’s defense.
8. Mobile Apps Availability and Support(a) Availability.
 The Gramplys mobile and web applications (the “Apps”) and related online Services may be temporarily unavailable, limited, or interrupted from time to time due to maintenance, updates, technical issues, or factors beyond the Company’s control, including actions by third-party service providers, internet failures, or other circumstances.
 Five Abricos Limited does not guarantee continuous or error-free access to the Apps or Services, and you acknowledge that interruptions may occur without prior notice.
(b) No Obligation of Continuous Support.
 The Company may, at its sole discretion, provide customer support, updates, or improvements to the Apps or Services. However, it has no legal obligation to do so on an ongoing or scheduled basis.
 Any support provided is offered “as available”, and response times may vary. The Company shall not be liable for any delay, loss, or damages arising from support or the lack thereof.
(c) Temporary Suspension.
 The Company reserves the right to suspend or restrict access to the Apps or Services, in whole or in part, at any time and without prior notice, including for maintenance, updates, or to protect system integrity and user security.
 Such suspension shall not entitle you to any refund, credit, or compensation of any kind.
(d) Third-Party Services.
 You acknowledge that the Apps and Services may rely on third-party software, hosting, or network infrastructure. Five Abricos Limited shall not be responsible for any interruptions, delays, or failures caused by such third-party components or by your internet service provider or mobile carrier.
9. Lawful Recording of Video and Audio; Required Connectivity(a) User Responsibility for Compliance.
 You are solely responsible for ensuring that your use of the Gramplys devices, applications, and Services — including any video or audio recording — complies with all applicable privacy, data protection, and surveillance laws in your jurisdiction.
 Certain laws may restrict or prohibit the recording or monitoring of individuals without their consent, including in areas where a person may have a reasonable expectation of privacy (for example, bathrooms, bedrooms, changing rooms, or similar locations).
 Five Abricos Limited assumes no responsibility or liability for any illegal or unauthorized use of recording functions by users.
(b) Consent Requirements.
 You must notify all individuals who may be recorded or monitored by your Gramplys devices and obtain any legally required consent for video or audio capture.
 You shall not intercept, record, or transmit any oral communications without such consent. By using the Services, you represent that you have obtained all necessary permissions from anyone whose image, voice, or data may be captured.
(c) Connectivity and Transmission.
 The operation of Gramplys devices and Services requires a reliable internet connection, Wi-Fi network, or other compatible communication channel.
 You are solely responsible for maintaining connectivity and ensuring that your network and devices meet the technical requirements specified by the Company.
 The Company is not liable for any interruption, degradation, or loss of service resulting from connection issues, power failures, network congestion, or third-party interference.
(d) Restricted Uses.
 You agree not to use the Gramplys system:
●       for unlawful surveillance or harassment;


●       to record or transmit content that violates the rights or privacy of others;


●       to monitor individuals without consent;


●       or in any way that breaches applicable laws or regulations.


Violation of this section may result in immediate suspension or termination of your Account and may expose you to legal liability under civil or criminal law.
10. Consent to Recording(a) User Acknowledgment and Consent.
 By creating an Account, activating, or using any Gramplys device or Service, you and all persons accessing or communicating with the device expressly consent to the recording, transmission, processing, storage, and use of video, audio, and sensor data by Five Abricos Limited in accordance with this Agreement and the Gramplys Privacy Policy.
 You understand that recordings and data may be processed automatically for analytics, fall detection, or event notifications.
(b) Responsibility to Notify Others.
 You are solely responsible for informing all individuals present in areas monitored by Gramplys devices that audio, video, or other data may be recorded or processed.
 If applicable law requires consent from such individuals, you agree to obtain it prior to any use of the devices or Services.
 You must not enable or allow any recording of private conversations or personal activities without proper consent.
(c) Prohibited Recording.
 You must not use the Gramplys devices or Services to intercept or record any oral or electronic communications for which you do not have legal authorization or consent.
 You acknowledge that unauthorized interception or disclosure of communications may violate federal, state, or local laws and could result in civil or criminal penalties.
 Five Abricos Limited shall bear no responsibility for your compliance with such laws and disclaims any liability arising from your use of recording functions.
(d) Processing and Storage of Data.
 You consent to the automated processing and temporary storage of video and audio data on secure servers managed or contracted by Five Abricos Limited, including servers located outside your country of residence, as described in the Gramplys Privacy Policy.
 All processing is performed in accordance with applicable privacy and data-protection laws, including the EU General Data Protection Regulation (GDPR) for users in the European Economic Area (EEA).
11. Your Content(a) Ownership of Content.
 You remain the sole owner of all videos, images, audio recordings, and data generated by your Gramplys devices and stored in your Account (“Your Content”).
 By using the Services, you grant Five Abricos Limited a limited, non-exclusive, royalty-free, worldwide license to host, process, encrypt, transmit, and display Your Content solely for the purpose of providing the Services to you.
(b) Use of Anonymized Data.
 You acknowledge and agree that Five Abricos Limited may collect and use aggregated and anonymized data derived from Your Content and device usage — such as activity patterns, fall-detection accuracy metrics, or sensor performance statistics — for:
●       improving and optimizing the Services;


●       developing and training artificial intelligence models;


●       ensuring product safety and reliability;


●       and conducting internal research and analytics.


All such data will be processed in a form that cannot reasonably identify you or any individual and shall not include personally identifiable information.
(c) Prohibited Content.
 You agree not to upload, transmit, or share any content that:
●       violates applicable laws or privacy rights;


●       contains obscene, defamatory, violent, or illegal material;


●       promotes discrimination, hatred, or harassment;


●       includes the image or voice of minors without consent of a parent or guardian;


●       or infringes the intellectual property rights of others.


Five Abricos Limited reserves the right, at its sole discretion, to suspend or terminate any Account that violates these terms or to remove any content deemed unlawful or inappropriate.
(d) No Obligation to Store.
 The Company does not guarantee permanent storage of Your Content.
 You are responsible for downloading or backing up any videos or data you wish to retain.
 The Company may delete stored data after your subscription ends or after the applicable storage period expires, in accordance with its Privacy Policy.
12. Professional Monitoring and Emergency Notifications(a) Scope of Service.
 Certain Gramplys subscription plans may include optional Professional Monitoring Services or Emergency Notification Features (“Monitoring Services”).
 These features may involve automated alerts, notifications to designated emergency contacts, or integrations with third-party dispatch services.
 Such features are designed to assist in detecting events such as potential falls, inactivity, or emergency button activation — but they do not guarantee emergency response or medical assistance.
(b) No Guarantee of Emergency Outcome.
 You acknowledge that Gramplys Monitoring Services are not a substitute for emergency medical systems or local authorities, and Five Abricos Limited does not guarantee that:
●       any notification will be received, transmitted, or acted upon in time;


●       emergency responders will be dispatched;


●       or any injury, loss, or death will be prevented.


The Company shall not be liable for any delay, failure, or error in transmitting or delivering alerts or notifications.
(c) Designated Emergency Contacts.
 If you add relatives, caregivers, or other third parties as emergency contacts (“Contacts”), you represent and warrant that you have obtained their prior consent to receive notifications by SMS, email, or other communication channels.
 You agree to keep their contact information accurate and up to date.
 You are fully responsible for any claims arising from communications sent to Contacts under your Account.
(d) Third-Party Monitoring and Dispatch.
 If the Monitoring Services use third-party platforms or dispatch providers, those providers act as independent contractors.
 Five Abricos Limited is not responsible for their actions, performance, or availability.
 By activating Monitoring Services, you agree to their respective terms of service, if applicable.
(e) False Alarms and Fees.
 You are responsible for preventing false alerts and for any fees, penalties, or expenses resulting from false emergency reports, whether assessed by third-party providers, telecom operators, or local authorities.
(f) Test Mode.
 Some Gramplys devices may include a “Test Mode” allowing you to practice using the system without triggering real alerts.
 During Test Mode, the Company will not send notifications or contact emergency services, even if a real event occurs.
 You acknowledge and accept full responsibility for any outcomes during this mode.
13. Communications Equipment and Connectivity(a) User Responsibility for Connectivity.
 The proper functioning of Gramplys devices and Services requires a stable and continuous connection to the internet or another compatible communication network (including Wi-Fi, mobile data, or Bluetooth).
 You are solely responsible for maintaining such connectivity and for ensuring that your home router, modem, network configuration, and power supply meet the minimum technical requirements specified by Five Abricos Limited.
(b) No Liability for Connectivity Failures.
 Five Abricos Limited shall not be responsible or liable for any interruption, delay, or malfunction of the Services caused by:
●       loss of internet connection, power failure, or weak signal;


●       network or carrier outages;


●       hardware defects in your router, modem, or mobile device;


●       interference, congestion, or restrictions imposed by your internet service provider;


●       or any third-party equipment, applications, or services not controlled by the Company.


You understand that if communication is interrupted for any reason, the system may fail to transmit alerts, notifications, or video data, and the Company shall bear no liability for such failures.
(c) Testing and Maintenance.
 You are responsible for periodically testing your Gramplys devices and network connectivity to confirm that all components are functioning properly.
 The Company recommends performing such tests at least once per month and after any changes to your internet provider, router, or Wi-Fi settings.
(d) Third-Party Services and Carriers.
 You acknowledge that certain Services may depend on third-party communication carriers or cloud providers.
 You agree that you have no contractual relationship with such providers and that they assume no liability toward you.
 You hereby waive any claim against any communication carrier or service provider arising out of or in connection with your use of the Gramplys Services.
14. Data and Data Storage(a) Storage of Data.
 Your Gramplys Account may include access to cloud or local data storage for video clips, events, and analytical information (“Stored Data”).
 Five Abricos Limited provides such storage as part of the subscription Services, but does not guarantee the availability, integrity, or retention of any data beyond the applicable subscription term or storage limits.
(b) Automatic Deletion.
 The Company may automatically delete Stored Data when:
●       your subscription expires or is terminated;


●       the designated storage period for your plan has elapsed;


●       or deletion is required to comply with law, regulation, or internal data-retention policies.


You are solely responsible for downloading or backing up any data you wish to keep.
 The Company shall not be liable for any loss, deletion, or corruption of data, whether accidental or intentional, due to maintenance, service interruptions, software updates, or user actions.
(c) Data Processing and Security.
 All data transmitted and stored through Gramplys Services is processed in accordance with the Gramplys Privacy Policy, which forms an integral part of this Agreement.
 The Company employs encryption and secure storage technologies to protect user data but cannot guarantee absolute security against unauthorized access or disclosure.
(d) Termination and Data Removal.
 Upon termination or cancellation of your subscription, the Company may permanently delete all related Stored Data without notice.
 Such deletion does not entitle you to any refund or compensation, and the Company shall have no obligation to restore or retrieve deleted information.
15. Product Updates and Replacements(a) Right to Modify and Update.
 Five Abricos Limited may, at any time and at its sole discretion, modify, update, patch, replace, or discontinue any hardware, firmware, software, or system components related to the Gramplys devices or Services (“Updates and Replacements”).
 Such actions may be necessary to maintain security, improve performance, ensure compatibility, or comply with regulatory requirements.
(b) Automatic Installation.
 You acknowledge and agree that certain Updates and Replacements may be automatically downloaded and installed on your devices or mobile applications without separate notice or consent.
 If you choose not to install or accept any Update or Replacement, your access to some or all Services may be suspended or permanently disabled.
 The Company shall have no liability for any loss, damage, or unavailability resulting from your refusal or delay in applying Updates.
(c) No Obligation for Legacy Support.
 The Company is not obligated to maintain or support outdated hardware models, software versions, or discontinued Services.
 Gramplys may, without liability, end support for any product or feature at any time.
(d) Critical Component Replacement.
 If, in the Company’s judgment, replacement of any device, component, or module is necessary for safe or reliable operation, the Company may request that you install or exchange such components following provided instructions.
 Failure to comply may result in suspension or termination of your Services, and the Company shall not be responsible for any resulting loss or malfunction.
(e) No Compensation.
 You understand and agree that Updates, Replacements, or product discontinuations do not entitle you to any refund, credit, or compensation of any kind.
16. Third-Party App Stores and Websites(a) App Store Terms.
 You acknowledge that the availability of the Gramplys mobile applications (“Apps”) depends on third-party digital distribution platforms such as the Apple App Store, Google Play, or other authorized marketplaces (“App Stores”).
 This Agreement is concluded solely between you and Five Abricos Limited, not with any App Store.
 Each App Store may have its own terms and conditions governing the use and download of applications.
 You agree to comply with such App Store terms, and your license to use the Apps is conditioned upon your compliance with them.
 In the event of a conflict between this Agreement and any App Store terms, the provisions of this Agreement shall prevail to the fullest extent permitted by law.
(b) No Liability of App Stores.
 App Stores are not responsible for providing any maintenance, support, warranty, or service for the Gramplys Apps.
 You acknowledge that App Stores bear no liability whatsoever for any claims, losses, or damages arising from your possession or use of the Apps or Services.
(c) Third-Party Websites and Services.
 The Apps and Services may contain links or integrations to third-party websites, products, or services — such as Stripe, PayPal, Google, Apple, or social-media platforms (“Linked Services”).
 These Linked Services are provided for convenience only and are not under the control of Five Abricos Limited.
 The Company does not endorse, monitor, or assume any responsibility for:
●       the availability, accuracy, or reliability of any Linked Service;


●       the content, privacy policies, or practices of any third-party operator;


●       or any transactions conducted through such services.


Accessing Linked Services is entirely at your own risk, and you agree that Five Abricos Limited shall not be liable for any losses or damages arising from your use of third-party platforms.
(d) Third-Party Policies.
 Your interactions with any third-party service providers are governed by their own terms of service and privacy policies.
 You are solely responsible for reviewing and understanding those policies before using such services.
 Any dispute arising from your use of a third-party service shall be resolved directly between you and that third party.
17. Third-Party Products and Integrations(a) Optional Integrations.
 The Gramplys platform may allow optional integration with third-party devices, applications, or ecosystems, including but not limited to Amazon Alexa, Google Home, Apple HomeKit, or similar services (“Third-Party Integrations”).
 You decide whether to enable or disable such integrations.
(b) No Responsibility for Third-Party Systems.
 Five Abricos Limited makes no representation or warranty regarding the performance, security, or compatibility of any Third-Party Integrations.
 You acknowledge that their use is entirely voluntary and governed by the third party’s own terms of service and privacy policy.
 The Company shall not be responsible for any malfunction, data loss, privacy breach, or other damage caused by or through such integrations.
(c) Data Sharing.
 If you enable a Third-Party Integration, you authorize Gramplys to exchange limited data with that service (such as device status, automation triggers, or anonymized usage information) to enable functionality.
 Once shared, such data will be subject to the third party’s privacy policy.
 The Company is not responsible for how third parties process or secure that data.
(d) Termination of Integrations.
 Five Abricos Limited may modify, suspend, or discontinue support for any Third-Party Integration at any time without notice or liability.
18. End User License and Intellectual Property(a) License Grant.
 Subject to your continued compliance with this Agreement, Five Abricos Limited grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
●       install and use the Gramplys mobile and web applications (“Software”) on your personal devices;


●       access and use the Gramplys Services solely for your own non-commercial, lawful, and personal purposes.


This license does not transfer any ownership rights to you and does not permit resale, distribution, or use for third-party benefit.
(b) Restrictions.
 You agree not to, and not to permit others to:
●       copy, modify, adapt, translate, distribute, sell, or lease any part of the Software or Services;


●       reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure;


●       bypass or disable security mechanisms, access controls, or data encryption;


●       use the Services in any manner that could harm, disable, overburden, or impair the operation of the Gramplys infrastructure;


●       or remove, obscure, or alter any copyright, trademark, or proprietary notices contained in or accompanying the Software or Services.


Any unauthorized use or duplication of the Software or related materials constitutes a material breach of this Agreement and may result in immediate termination of your license and legal action.
(c) Ownership of Intellectual Property.
 All rights, title, and interest in and to the Gramplys devices, Software, Services, documentation, interfaces, designs, trademarks, trade names, logos, and related intellectual property (collectively, the “Gramplys IP”) are and shall remain the exclusive property of Five Abricos Limited.
 Nothing in this Agreement conveys any ownership or intellectual property rights to you.
(d) Automatic Updates.
 The Company may automatically deploy patches, updates, or new versions of the Software without prior notice or consent.
 By continuing to use the Services, you consent to such automatic updates, which may modify or improve existing features or remove outdated functionality.
 Refusal to install or accept updates may result in limited access or service interruption.
(e) Termination of License.
 This license will terminate automatically if you breach any provision of this Agreement or if your Account or subscription is canceled.
 Upon termination, you must cease all use of the Software and delete all copies from your devices.
 The Company may remotely disable or restrict access to the Software without notice.
19. Suspension of Service(a) Right to Suspend or Terminate.
 Five Abricos Limited may, at any time and at its sole discretion, suspend, restrict, or terminate your access to the Gramplys Services, in whole or in part, with or without prior notice, for any reason, including but not limited to:
●       non-payment or declined transactions;


●       violation of this Agreement or applicable law;


●       technical, operational, or security issues;


●       system maintenance, updates, or discontinuation of the Services;


●       or conduct that, in the Company’s sole judgment, may harm its interests, reputation, or users.


(b) No Liability for Suspension.
 You acknowledge that any suspension or termination under this section may disable your access to the Services and your stored data.
 Five Abricos Limited shall not be liable for any damages, losses, or claims arising from such suspension or for any deletion or unavailability of data resulting therefrom.
(c) Limited Credit Option.
 At the Company’s discretion, a prorated service credit may be issued if suspension results solely from technical causes directly attributable to the Company and lasting longer than ten (10) consecutive days.
 Such credit, if any, shall be the exclusive remedy and shall not exceed one month’s subscription fee.
(d) No Obligation to Resume Service.
 The Company reserves the right not to restore or reactivate Services after suspension or termination.
 Reactivation may, at the Company’s discretion, require verification, updated payment, or acceptance of modified terms.
20. Right to Subcontract(a) Use of Subcontractors and Service Providers.
 Five Abricos Limited may, at its sole discretion, engage third-party contractors, vendors, or service providers to perform any part of the Gramplys Services, including but not limited to:
 data hosting, analytics, AI model processing, monitoring, notifications, payment processing, logistics, and technical support.
 All such third parties act as independent contractors, not as employees, agents, or partners of the Company.
(b) No Liability for Third Parties.
 The Company shall not be liable for any act, omission, negligence, or failure of any subcontractor or third-party provider, including but not limited to communication carriers, hosting companies, monitoring centers, or payment processors.
 You agree that any claims related to the acts or omissions of such subcontractors must be directed solely to those third parties and not to Five Abricos Limited.
(c) Sharing of Information.
 To the extent necessary for the performance of Services, you authorize the Company to share your information with subcontractors and service providers under appropriate confidentiality and data-protection obligations.
 Such sharing shall be limited to what is reasonably required to deliver the Services and shall comply with the Gramplys Privacy Policy.
(d) Continuation of Obligations.
 All rights, protections, disclaimers, and limitations of liability contained in this Agreement shall apply equally to any subcontractors, vendors, or partners engaged by the Company.
21. General Provisions(a) Time Limitation on Claims.
 To the fullest extent permitted by law, any claim or action arising out of or relating to this Agreement, the Gramplys Services, or any related transaction must be filed within one (1) year after the cause of action accrues. After this period, the claim shall be permanently barred, regardless of any contrary statute or law.
(b) Entire Agreement.
 This Agreement, together with the Gramplys Privacy Policy and any other referenced documents, constitutes the entire agreement between you and Five Abricos Limited and supersedes all prior or contemporaneous communications.
(c) Modifications and Updates to Agreement.
 Five Abricos Limited may, at any time and at its sole discretion, modify, amend, or replace this Agreement, including all referenced policies (Privacy Policy, Refund Policy, etc.).
Any modification will become effective either:
●       thirty (30) days after publication of the updated version on https://gramplys.com/terms, or


●       immediately, if required by applicable law, regulation, or payment-system rules.


Continued access to or use of the Services after such effective date constitutes your acceptance of the revised Agreement.
 If you do not agree to the new terms, you must discontinue all use of the Services before the new terms take effect.
 It is your responsibility to review this Agreement periodically for updates.
(d) Severability.
 If any provision of this Agreement is found invalid or unenforceable, the remaining provisions remain in full force and effect.
(e) No Waiver.
 Failure by the Company to enforce any right or provision does not constitute a waiver of that right.
(f) Governing Law and Jurisdiction.
 This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.
 All disputes, claims, or controversies arising out of or relating to this Agreement or the Services shall be resolved through binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) before a single arbitrator. The arbitration shall be conducted in English, and the decision shall be final and binding.
(g) Class Action Waiver.
 All disputes shall be resolved on an individual basis only. You waive any right to participate in or initiate any class, collective, or representative action.
(h) Assignment.
 You may not assign or transfer this Agreement without written consent from the Company. The Company may freely assign it to any affiliate, successor, or acquirer.
(i) Notices.
 Official notices from the Company will be sent to the email address in your Account. All notices to the Company must be sent to support@gramplys.com or to the Company’s registered address in Hong Kong.
(j) Language.
 This Agreement is made in English. In the event of any translation discrepancy, the English version shall prevail.
(k) Pre-Arbitration Claim Requirement.
 Before initiating any arbitration or legal proceeding, the claimant must first send a written pre-arbitration claim (“Notice of Dispute”) to Five Abricos Limited by email at support@gramplys.com and by registered mail to the Company’s legal address in Hong Kong.
 The Notice must contain:
  1. the claimant’s full name, contact information, and account identifier;
  2. a clear description of the dispute and relevant facts; and
  3. the specific relief sought.
The Company shall have forty-five (45) days from the date of receipt of such Notice to review and attempt to resolve the dispute directly with the claimant.
 Only if the dispute remains unresolved after this 45-day period may either party initiate arbitration or other legal action.
 Failure to follow this pre-arbitration procedure shall constitute a waiver of the claimant’s right to seek relief.
22. Product Sales and Delivery(a) General Terms.
 The purchase of Gramplys devices, accessories, and other physical products (“Products”) is subject to these Terms in addition to any applicable order confirmation or invoice issued by Five Abricos Limited (“the Company”).
 By placing an order, you agree that all sales are final and that Products are sold “as is” and “as available.”
(b) Product Description.
 All images, specifications, and descriptions of Products on the Company’s website or in marketing materials are provided for informational purposes only.
 The Company reserves the right to modify the design, materials, or features of any Product without prior notice.
(c) Transfer of Risk.
 Title and risk of loss or damage to Products pass to you upon delivery to the carrier for shipment.
 The Company is not responsible for delays, damage, or loss during transit. Any claims regarding shipment must be made directly with the carrier.
(d) Delivery Dates.
 All delivery dates provided by the Company are estimates only and are not guaranteed.
 Delays due to manufacturing, customs clearance, or logistics do not entitle the purchaser to cancel an order or claim compensation.
(e) Bundled Products and Services.
 Where a Product is sold together with a subscription or Service, the Service portion shall be governed by the relevant subscription terms in this Agreement.
 Cancellation or return of hardware does not automatically terminate or refund any associated subscription.

23. Hardware Warranty and Returns(a) Limited Warranty.
 The Company provides a limited warranty that each new Gramplys Product will be free from material defects in workmanship and materials under normal use for twelve (12) months from the original date of purchase (“Warranty Period”).
 This warranty is non-transferable and applies only to the original purchaser.
(b) Exclusions.
 This warranty does not cover:
●       damage resulting from misuse, improper installation, accident, abuse, or neglect;


●       use with non-approved accessories or power supplies;


●       unauthorized modification, repair, or disassembly;


●       cosmetic wear, minor imperfections, or normal aging;


●       or failures caused by external factors (e.g., power surge, water, fire, or acts of God).


(c) Warranty Procedure.
 To initiate a warranty claim, you must first contact support@gramplys.com and obtain a Return Material Authorization (RMA) number.
 Products returned without an RMA number may be refused.
 You must ship the Product, in its original or equivalent packaging, to the address provided by the Company.
 If the defect is confirmed under warranty, the Company may, at its sole discretion, repair, replace, or refund the Product.
 Replacement may be with new, refurbished, or functionally equivalent items.
(d) Return Shipping and Costs.
 If the Product is found to be non-defective or the warranty has expired, all shipping and handling costs are your responsibility.
 The Company is not liable for any data loss or configuration changes that may occur during repair or replacement.
(e) No Other Warranties.
 Except as expressly provided above, the Company disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

24. Import, Taxes and Compliance(a) Import and Customs Responsibility.
 You are solely responsible for complying with all applicable import, export, and customs laws in your jurisdiction.
 All duties, tariffs, VAT, or other governmental charges associated with importing Products are your responsibility.
(b) Local Certification and Restrictions.
 The Company does not guarantee that the Products are certified or permitted for use in every jurisdiction.
 You are responsible for ensuring that the Products comply with all local technical, electrical, and regulatory standards in the country where they are installed or operated.
(c) Delays and Customs Holds.
 Delays caused by customs inspection, import documentation, or local authorities are beyond the Company’s control and shall not constitute grounds for order cancellation, chargeback, or refund.
(d) Export Controls.
 You agree not to export, re-export, or transfer any Product or technology in violation of any applicable export-control or sanctions laws.

25. Product Setup and Safety Disclaimer(a) Proper Installation and Use.
 You are responsible for installing and operating the Gramplys Products strictly in accordance with the instructions and safety information provided by the Company.
 Improper installation, placement, or operation may result in malfunction, injury, or property damage, for which the Company bears no responsibility.
(b) Power and Environmental Conditions.
 Products must be used only with certified power sources and under the environmental conditions specified in the user manual.
 Exposure to extreme temperatures, moisture, dust, or direct sunlight may cause failure and void the warranty.
(c) Mounting and Physical Placement.
 You are solely responsible for securely mounting and positioning devices to prevent falls or accidents.
 The Company disclaims liability for any personal injury, property damage, or losses resulting from improper installation, insecure mounting, or non-compliance with provided instructions.
(d) Safety and Emergency Limitations.
 Gramplys Products are not life-saving or medical devices and are not intended to replace emergency systems, medical supervision, or professional monitoring services.
 The Company makes no guarantees that any alert or notification will prevent injury, accident, or death.
(e) User Responsibility.
 By using the Products, you acknowledge and accept full responsibility for safe operation and agree to hold Five Abricos Limited harmless from any claims arising from misuse, incorrect installation, or violation of safety instructions.
26. Emergency and Healthcare Integrations(a) Third-Party Emergency Services.
 Any connection between Gramplys devices and external emergency response or healthcare systems (including but not limited to RapidSOS, local EMS, or similar providers) is offered solely for user convenience.
(b) No Medical Guarantee.
 Five Abricos Limited is not affiliated with and not responsible for the operation, response time, or outcome of any emergency or healthcare organization.
 The Company makes no guarantee that use of such integrations will prevent injury, illness, or death.
(c) User Responsibility.
 You acknowledge that Gramplys devices are not medical or life-saving devices and must not be relied upon as a substitute for emergency systems, professional monitoring, or direct communication with medical personnel.
27. Limitation of Use in Prohibited Regions(a) Sanctioned Countries.
 The Services and Products of Five Abricos Limited are not available to individuals, entities, or shipments located in or ordinarily resident of sanctioned or restricted jurisdictions, including but not limited to:
 Cuba, Iran, North Korea, Syria, Russia, Belarus, and any regions of Ukraine under international sanctions.
(b) Export Control Compliance.
 You represent and warrant that you are not listed on any U.S., EU, or UN prohibited-party list and that you will not export, re-export, or transfer the Services or Products in violation of applicable sanctions or export-control laws.
(c) Right to Refuse Service.
 The Company reserves the right to block access, cancel orders, or terminate Accounts associated with sanctioned countries or restricted persons at any time, without notice or liability.
 
28. DefinitionsFor purposes of this Agreement, the following terms shall have the meanings set forth below.
“Account” — the user profile you create through the Gramplys application or website, which allows access to the Services, device management, billing, and related functions.
“Apps” or “Software” — the mobile or web applications developed by Five Abricos Limited under the Gramplys brand, used to access and control devices or Services.
“Company”Five Abricos Limited, a company incorporated in Hong Kong, including its affiliates, successors, and permitted assigns.
“Devices” — the smart monitoring hardware products (such as cameras, motion sensors, or related modules) manufactured, licensed, or distributed by Five Abricos Limited and connected to the Gramplys Services.
“Services” — all features and functionalities provided by Gramplys, including device connectivity, data analytics, notifications, fall detection, cloud storage, and premium subscription options, whether free or paid.
“Subscription” — a paid plan granting time-limited access to premium Gramplys Services (e.g., cloud storage, AI analytics, or monitoring), subject to the terms of this Agreement.
“Monitoring Services” — optional paid features that provide automated alerts or notifications to designated contacts or third-party providers in response to detected events, such as falls or emergencies.
“Content” or “Your Content” — all video, audio, image, or sensor data collected by your Devices or uploaded to the Services, including associated metadata, logs, or events.
“Stored Data” — data temporarily or permanently stored on Gramplys servers or in associated cloud infrastructure, including videos, alerts, and analytical results.
“Third-Party Integrations” — any third-party devices, applications, or services (e.g., Google Home, Alexa, Apple HomeKit, Stripe, PayPal) that interface with the Gramplys platform.
“Updates and Replacements” — any firmware, software, or hardware changes, improvements, or substitutions implemented by the Company to maintain, improve, or replace existing systems.
“Privacy Policy” — the official privacy document of Gramplys, available at https://gramplys.com/privacy, describing how user data is collected, processed, and stored.
“Agreement” — this Terms of Service document, as amended or updated from time to time, including any referenced policies or addenda.