1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the SMART CARE TV website, applications and related services (together, the "Service"), operated by Smart Care TV LLC. By using the Service or purchasing access, you agree to these Terms. If you do not agree, please do not use the Service.
2. Description of Service
SMART CARE TV is reminder and notification software. It allows a user to send temporary reminders, notes and short announcements from a mobile device to a designated TV screen for a display period chosen by the user. SMART CARE TV is not a streaming, media, television channel or content service.
3. Eligibility
You must be of legal age to enter into a binding contract in your jurisdiction and be able to comply with these Terms. If you use the Service on behalf of an organisation, you confirm you are authorised to bind that organisation.
4. Software License
Subject to these Terms and payment of applicable fees, SMART CARE TV grants you a limited, non-exclusive, non-transferable, revocable license to use the software during your purchased access period and within your purchased device limit. Full license terms are set out in the SMART CARE TV Software License Agreement.
5. Device Limits
Each plan permits activation on a specified number of designated TV devices. Each TV installation is associated with a unique Device ID used to connect and manage the designated TV. Circumventing device limits or activation controls is prohibited.
6. Free Trial
Eligible customers may receive a 24–48 hour free trial. Trial availability, duration and eligibility are determined by SMART CARE TV and may be declined, limited or withdrawn. Trial requests are reviewed by our support team, and a trial is not automatic.
7. Pricing and Payments
SMART CARE TV subscriptions are billed in advance on a recurring basis for the selected billing period (for example, monthly, every three months, every six months, or annually). The price, billing interval and number of permitted devices are displayed on the pricing page. When the selected billing period ends, your payment method will be automatically charged for the next billing period unless you cancel before the renewal date. You authorise this recurring charge when you complete checkout. Payments are processed through our payment provider's secure hosted checkout. Applicable taxes may apply.
8. Refunds
Refunds are governed by the SMART CARE TV Refund & Cancellation Policy, which includes a 3-day refund window for eligible purchases. Nothing in these Terms is intended to limit consumer rights that cannot legally be excluded.
9. Device Replacement
If you replace a designated TV or TV device, contact support. After verification, the previous device may be deactivated and a replacement device may be activated under an eligible subscription. Device replacement requests may be limited to prevent abuse.
10. Acceptable Use
You agree to use the Service lawfully and in accordance with the Acceptable Use Policy, which forms part of these Terms.
11. User Content
You are responsible for the reminders, notes and announcements you submit through the Service. You confirm you have the right to display that content on the designated TV and that it does not violate applicable law or the rights of others. SMART CARE TV is designed for temporary reminders rather than permanent message storage.
12. Intellectual Property
The Service, including the software, brand, design and documentation, is owned by Smart Care TV LLC or its licensors and is protected by intellectual property laws. No rights are granted other than the limited license described in these Terms.
13. Software Updates
SMART CARE TV may release updates, fixes or changes to the software. Updates may be required for continued operation, security or compatibility.
14. Service Availability
We aim to keep the Service available and reliable, but availability may be affected by maintenance, third-party providers, network conditions, device compatibility or events outside our reasonable control. The Service is designed to work through a compatible Google TV or Android TV environment.
Reminder delivery specifically depends on the designated TV device remaining connected to the internet, the application remaining active in the background, and required app permissions remaining enabled. We do not guarantee delivery or display of a reminder where this results from:
- (a)The designated device not being connected to the internet at the scheduled time;
- (b)The application having been force-stopped, closed, or removed from active/background processes by the device operating system or the user;
- (c)Background activity, autostart, battery optimization, or notification permissions for the application having been restricted or disabled at the device level;
- (d)The application undergoing a scheduled update or maintenance at the time a reminder is due;
- (e)Any other device-level restriction or third-party interference outside our reasonable control; or
- (f)The designated TV device being powered off, unplugged, or disconnected from power at the scheduled time.
Users relying on time-critical reminders are advised to also maintain an independent backup method (such as a mobile phone alarm).
15. Suspension
We may suspend access where reasonably necessary to protect the Service, other users, or to address suspected breach of these Terms, fraud, abuse or unlawful activity.
16. Termination
Your subscription continues until cancelled. You may cancel at any time; cancellation takes effect at the end of the current billing period and stops future automatic renewals. You may stop using the Service at any time. Cancellation does not automatically create a refund unless the purchase qualifies under the Refund Policy or applicable law.
17. Disclaimer
Except where prohibited by law, the Service is provided "as is" and "as available" without warranties of any kind. SMART CARE TV should not be relied upon as the sole method of delivering urgent, safety, medical or emergency information.
18. Limitation of Liability
To the maximum extent permitted by applicable law, SMART CARE TV and Smart Care TV LLC shall not be liable for indirect, incidental, special, consequential or punitive damages, or loss of data, profits or goodwill. Where liability cannot be excluded, it is limited to the amount you paid for the applicable access period. Nothing limits liability that cannot lawfully be limited.
19. Governing Law
These Terms are governed by the laws of the State of Montana, United States, without regard to conflict of law rules.
20. Contact Information
Questions about these Terms can be sent to support@smartcaretv.net (Smart Care TV LLC, 1001 S MAIN ST STE 500, KALISPELL, MT 59901).
