SmartGuardian — Product Disclaimer & Legal Notice
1. SmartGuardian is NOT a Medical Device
SmartGuardian is a consumer home-safety and lifestyle-monitoring product. It is sold and supported as a peace-of-mind alerting service for Irish families who wish to keep informed about a loved one’s wellbeing at home.
SmartGuardian is not, and is not intended to be:
- A medical device within the meaning of Regulation (EU) 2017/745 on Medical Devices (the “EU MDR”) — including any sub-classification under Class I, IIa, IIb or III
- An in-vitro diagnostic device under Regulation (EU) 2017/746 (IVDR)
- A device registered with, certified by, or notified to the Health Products Regulatory Authority of Ireland (HPRA)
- A device bearing a CE mark obtained for medical-device purposes
- A medical alarm, telecare or assistive technology device classified for clinical use
SmartGuardian is not intended for the diagnosis, prevention, monitoring, prediction, prognosis, treatment, alleviation or compensation of any disease, injury or disability, nor for the investigation, replacement or modification of any anatomical or physiological function. It does not provide medical advice, medical treatment, medication management, clinical observation or any other regulated health-care activity.
If a person requires any of the above, they must obtain appropriate medical care from a qualified registered health professional.
2. What SmartGuardian Does (Intended Use)
SmartGuardian uses discreet sensors placed in the home to detect general movement patterns and unusual events — for example, a person not getting out of bed, a sudden drop to the floor, or a hand-raise gesture for assistance. When such an event is detected, the system sends a notification (via the SmartCare Living mobile app and/or other agreed channels) to up to four nominated family members or contacts.
The Service’s purpose is to support family awareness and timely human response — not to replace it. Decisions about how to respond to any alert remain with the human recipients of that alert.
3. What SmartGuardian Does NOT Do
For the avoidance of doubt, the Service:
- Does not call the emergency services automatically. It is not a 999 / 112 alarm system, telecare service, or monitored-response platform.
- Does not guarantee detection of every fall, distress event, medical emergency or other incident. Detection accuracy depends on sensor placement, the home environment, the person’s movement patterns, network availability, mobile-device availability of the recipient, app permissions, and other factors outside the customer’s and SmartCare Living’s control.
- Does not predict, prevent, diagnose or treat any medical condition, including dementia, falls, strokes, cardiac events or any other illness or injury.
- Does not provide live human supervision. It is an automated system.
- Does not record or store video of the home interior. It uses a privacy-first stick-figure model derived locally from sensor data.
- Is not a substitute for professional in-home care, GP, occupational therapist, public-health nursing, paramedic services, or any other regulated health- or social-care service.
4. Use in Conjunction With — Not in Place of — Other Care
- In any medical emergency, call 999 or 112 immediately. Do not rely on the SmartGuardian app to summon emergency services.
- The Service should be used alongside existing medical, professional or family-care arrangements — never as the sole safety mechanism for a person whose condition warrants supervised care.
- Where a person has been advised by a GP, hospital consultant, occupational therapist, public-health nurse or other qualified professional that supervised care is required, that advice should be followed regardless of any installation of SmartGuardian.
- SmartCare Living does not assess, diagnose or grade clinical risk. Any reference to “high-risk” or “low-risk” outcomes in our online assessment refers solely to the suitability of our product range for a household, not to any medical risk classification.
5. Limitation of Liability
To the maximum extent permitted by Irish law, SmartCare Living, its directors, employees, agents and contractors:
- exclude all implied warranties, conditions, terms and representations beyond those required by Irish or EU law;
- accept no liability for any indirect, consequential, special or exemplary loss; loss of profit, revenue, business opportunity, goodwill, data or anticipated savings; or any loss arising from a third party’s act or omission;
- limit aggregate liability arising in any twelve-month period to the amount paid by the customer to SmartCare Living for the Service in that twelve-month period;
- specifically disclaim liability for:
- failure or delay in delivery of any notification, including by reason of mobile-network, internet, electrical-supply or third-party-platform outage;
- the act, omission, response time or non-response of any person who receives a notification from the Service;
- any health-related outcome, including injury, deterioration, or death, regardless of whether the Service detected, failed to detect, correctly classified or misclassified an event;
- any decision a customer or recipient makes in reliance upon any notification or absence of notification.
Nothing in this clause excludes or limits liability for death or personal injury caused by the negligence of SmartCare Living, fraud, or any other liability that cannot be excluded or limited by Irish law.
6. Statutory Consumer Rights — Preserved in Full
This disclaimer does not affect the statutory rights of any consumer under Irish law. In particular, customers retain all rights under:
- the Consumer Rights Act 2022;
- the Sale of Goods and Supply of Services Act 1980, as amended;
- the Liability for Defective Products Act 1991, implementing Council Directive 85/374/EEC;
- the European Communities (General Product Safety) Regulations 2004 (S.I. No. 199/2004);
- and any other applicable Irish or EU consumer-protection law in force from time to time.
If any provision of this notice conflicts with such statutory rights, those statutory rights prevail.
7. Data Protection & Privacy
SmartCare Living processes personal data in accordance with Regulation (EU) 2016/679 (the GDPR), the Data Protection Act 2018 of Ireland, and the ePrivacy Regulations (S.I. No. 336/2011) as amended.
Key privacy commitments:
- No video recording. SmartGuardian processes movement as anonymised stick-figure outlines locally; no camera footage of the home is recorded or stored at any point.
- Lawful basis: processing is based on the customer’s contract with SmartCare Living, the customer’s consent (where applicable), and SmartCare Living’s legitimate interest in providing and improving the Service.
- Data subject rights: customers and other identified individuals retain rights of access, rectification, erasure, restriction of processing, portability and objection, in line with GDPR.
- Supervisory authority: complaints may be made to the Data Protection Commission of Ireland (DPC), Fenian Street, Dublin 2, Ireland. Web: dataprotection.ie.
8. Artificial Intelligence — Limitations
SmartGuardian uses on-device and cloud-assisted artificial-intelligence models to detect events from sensor data. AI models are statistical and probabilistic by nature. Customers should understand that:
- False positives (alerts where no event has occurred) and false negatives (events that are missed) are inherent in any AI-based detection system, including SmartGuardian.
- SmartGuardian is not a “high-risk AI system” within the meaning of Regulation (EU) 2024/1689 (the AI Act), as it is not used for medical-device, biometric-identification or other high-risk purposes listed in Annex III. SmartCare Living monitors the regulatory landscape and will update its compliance position as the AI Act provisions enter into force.
- SmartCare Living continually reviews and improves its AI models, but cannot warrant any specific level of detection accuracy across all customer environments.
9. Third-Party Hardware & Services
Where SmartGuardian integrates with third-party hardware or third-party services (mobile networks, cloud providers, app stores), the customer’s use of those products is also governed by the applicable third-party terms. SmartCare Living is not the manufacturer of every sensor or device installed and disclaims liability for defects in third-party products beyond the warranties given by their manufacturers, except as required by the Liability for Defective Products Act 1991.
10. Service Availability
The Service depends on a working internet connection at the customer’s home, a working mobile network and mobile device on the recipient end, and the availability of third-party platforms. SmartCare Living undertakes commercially reasonable efforts to maintain Service availability but does not guarantee uninterrupted, error-free operation and accepts no liability for downtime, latency or third-party platform outages, save where prohibited by Irish law.
11. Insurance & Warranty
SmartCare Living holds product- and public-liability insurance appropriate to the supply and installation of consumer smart-home equipment in Ireland. The Service is not underwritten as a medical alarm, telecare service, or insurance-grade safety product. Customers requiring such cover should obtain it separately from a regulated provider.
12. Children & Vulnerable Persons
SmartGuardian is designed for installation in homes of adults. Where the Service is being installed for a person who lacks decision-making capacity, the customer represents and warrants that they have authority (e.g. as next-of-kin, attorney under an Enduring Power of Attorney, or court-appointed decision-maker under the Assisted Decision-Making (Capacity) Act 2015) to consent to the installation and to data processing on the relevant person’s behalf.
13. Governing Law & Jurisdiction
These terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of Ireland. The customer and SmartCare Living submit to the exclusive jurisdiction of the courts of Ireland. This does not deprive any consumer of rights under the law of their habitual residence where mandatory consumer-protection rules of that jurisdiction apply.
14. Changes to This Notice
SmartCare Living may update this disclaimer from time to time. The current version will always be available at this URL. Material changes will be communicated to active customers by email or in-app notice with reasonable notice.
15. Contact
SmartCare Living
Dublin, Ireland
Email: info@smartcareliving.ie
Phone: +353 (0) 1 513 0424
Web: www.smartcareliving.ie
Data-protection enquiries: privacy@smartcareliving.ie