Terms and Conditions – SmartResQ GmbH / CorPatch®

Purpose of this document

Welcome to SmartResQ GmbH/CorPatch®!

You are currently reading the Terms and Conditions of SmartResQ GmbH, acting under the brand name CorPatch®. These Terms govern your legal relationship with us, which begins when you access our website, download our free app(s), purchase any of our products, or otherwise interact with our services.

These Terms and Conditions govern the use of all products and services offered by SmartResQ GmbH (hereafter SmartResQ), operating under the brand name CorPatch®. This includes access to our website, mobile applications, and the purchase or use of CorPatch® devices and related services.

By accessing or using any of these services, you agree to be bound by the following Terms and Conditions.

SmartResQ and its affiliates provide all products and services subject to the terms outlined in this document. By using our website(s), mobile application(s), or placing an order, you accept these Terms. We strongly recommend that you read them carefully before using our services or products.

If you have any questions about these Terms and Conditions, please don’t hesitate to contact us.

How to contact SmartResQ

SmartResQ’s mission is to improve survival rates through high-quality CPR in case of cardiac arrest. We strive to prepare and guide user to act effectively during the critical first minutes following the occurrence of cardiac arrest. To support this, we developed CorPatch® – a tool designed to help save lives

If you have any questions, feedback, or require assistance, please do not hesitate to contact us via the details above or through the contact form on our website or within our app.

Disclaimers and warranties

Product Information

All SmartResQ products and services must be used in accordance with the latest user guides and instructions, which are available on our website and with each product. Proper use is essential to ensure correct functionality and safety.

The product CorPatch® is certified as a medical device. In case of an emergency with an adult person suffering from cardiac arrest, the product must be taken out of its enclosure, placed, and attached correctly on the chest of the victim. The product can collect data on compression, depth, frequency, and recoil and might transmit this via Bluetooth® to potential devices. Free apps on devices may guide the bystander to exercise CPR and show flow fraction, depth, recoil, and frequency if activated and correctly installed i.e., Bluetooth®, smartphone, app, battery power, etc.. SmartResQ accepts no responsibility for limitations beyond its control, such as external interference, depleted batteries, or incompatible hardware/software environments.

Similarly, SmartResQ is not responsible for any physical harm caused during the use of the product in case it is not applied or used according to the instructions, e.g., performing chest compressions in a non-ergonomic way or having an unsuitable hand position. SmartResQ has assessed technical risks as part of the legally prescribed risk management for medical devices, but no guarantee is given for errors going beyond this. In the event of unexpected malfunctions or the occurrence of non-plausible behaviour of a SmartResQ / CorPatch® system, the user is required to perform CPR manually. In this case, SmartResQ is not liable as it is out of the control of SmartResQ.

SmartResQ monitors battery levels and state-of-health, but if the battery runs out of power, the product will not work. It is solely the responsibility of the user to ensure that the device is up to date, not harmed, and has enough battery to work correctly, which can be done easily by executing a training that validates correct functionality. Please refer to the user manual for recommended training intervals with your CorPatch®.

Proper Use and Limitations

The product CorPatch® Trainer must exclusively be used on manikins or similar objects in training sessions and never in a real-life situation on a real person with or without suffering from cardiac arrest or any other health-related illness.

It is possible to train your CPR performance in relation to chest compressions using CorPatch® or CorPatch® Trainer regularly. We recommend that you train on a manikin, but if you do not have access to a manikin, an office chair with sufficient recoil or a hard couch can be used as a replacement. Consider the elasticity and hardness of the object you train with. SmartResQ does not recommend using soft objects, including but not limited to pillows or soft couches when training, as user experience will not be right.

If you cannot locate a manikin or a replacement object for training, consider training the situation that happens before you start chest compressions. This could be following the information given by the free app on identification of a cardiac arrest and calling emergency services and unpacking the CorPatch® from the key hanger. In this case, you will be ready to apply the CorPatch® quickly in case you witness a cardiac arrest.

Training and Competency

SmartResQ does not make any representations or warranties regarding the competence of individuals who receive educational content or training through the system. The company does not guarantee that any user will reach a specific level of proficiency or qualify for any form of certification, license, or accreditation as a result of using its training tools or content.

Accuracy and Availability of Information

SmartResQ strives for accuracy but makes no guarantee that the information provided via its products, apps, or website is complete, accurate, up to date, or free from errors. Availability of systems, features, and services cannot be guaranteed at all times. Any use of or reliance on the information provided is done at your own risk.

Use by Children

SmartResQ products are not intended for use by children. While their design may be visually appealing, they are not toys and should not be treated as such. Products must be stored out of reach of children. Any use by minors must be approved and supervised by a responsible adult (e.g., a parent, guardian, or educator). SmartResQ assumes no liability for unintended or unsupervised use by minors.

Limitation of Liability

This website and associated services are provided on an “as is” and “as available” basis. SmartResQ disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. The company does not guarantee that its systems, servers, or communications are free from viruses, spam, or other harmful components.

SmartResQ is not liable for any damages arising from the use of its products or digital services, including direct, indirect, incidental, punitive, or consequential damages, to the fullest extent permitted by law. Certain jurisdictions may not allow the exclusion or limitation of certain warranties or damages; in such cases, these limitations may not apply.

External Links and Third-Party Content

The SmartResQ website may contain links to external websites not operated or controlled by SmartResQ. The company assumes no responsibility for the content, accuracy, or reliability of third-party websites or their content. Opinions expressed in external articles or resources do not necessarily reflect the views or policies of SmartResQ.

Legal Notice

By accessing, using, or purchasing any product, website, or app from SmartResQ, you acknowledge and agree to the following:

• The product “CorPatch® Single” provided by SmartResQ/CorPatch® is a specific product to support a CPR to be used solely for the intended use stated in the user manual of the product. Please carefully read the user instructions and manuals, and make sure you are familiar with our medical products before taking into use.
• The product “CorPatch® Trainer” provided by SmartResQ/CorPatch® is a specific educational and medical training product and tool and is not certified as a medical device.
• At all times you will use and access the system solely in connection with such medical training and performance improvement purposes; in compliance with all applicable laws and regulations; and in accordance with any user documentation, instruction manuals, guides, and/or requirements we provide to you electronically or in person.
• At no time can any SmartResQ/CorPatch® system alone diagnose, treat, or cure a human being’s condition or in a life-saving situation; support professional medical decisions, diagnosis or treatments or replace any diagnosis, recommendation, advice, treatment, or decision by an appropriately trained and licensed physician.
• The association of a device with any patient harm or outcomes does not mean that the device caused the harm or outcome.
• SmartResQ/CorPatch® takes no responsibility for harm resulting from unreasonable use of our products or use beyond the intended use of the product.

Performance Information

While SmartResQ continually improves the reliability and performance of its systems, malfunctions or failures may occur due to external conditions, hardware limitations, or improper handling. It is the responsibility of the user to operate devices in a way that avoids personal injury or damage to property in the event of unexpected failure.

Standard Warranty

The SmartResQ Limited Standard Warranty applies only to the original purchaser and only if the product was purchased through an authorized SmartResQ/CorPatch® distributor. The warranty excludes:

• Defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect or unusual physical, electrical, or electromechanical stress,
• Defects or damage resulting from excessive force or use of metallic objects,
• Equipment that has the production number or the enhancement data code removed, defaced, damaged, altered, or made illegible,
• Ordinary wear and tear or normal ageing of the product,
• Scratches, dents, and cosmetic damage, unless failure has occurred due to defect in materials or workmanship,
• Defects or damage resulting from the use of products in conjunction or connection with accessories, products or ancillary/peripheral equipment not furnished or approved by SmartResQ,
• Defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by SmartResQ,
• Damage caused by operating the CorPatch® product outside the published guidelines,
• Demonstration/installation of the product purchased,
• Defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source,
• Defects or damage resulting from transmission or viruses, or other software problems introduced into the Products,
• The charging of batteries by the use of chargers other than those compliant with CorPatch® Trainer,
• Any of the seals on the battery enclosure or cells are broken or show evidence of tampering,
• Products repaired by, used, or purchased from another company than SmartResQ or authorized dealers,
• The usage of stolen products, products, which could not be deactivated to prevent unauthorised access to the product,
• If SmartResQ receives information from relevant public authorities that the product is stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorised access to the product or you cannot prove that you are the authorised user of the product,
• If the products are used outside of the specified conditions stated in the manuals, e.g., temperature range, pressure, and humidity.
• The usage outside of the specified conditions stated in the manuals, e.g., temperature range, pressure, and humidity.

Batteries and Chargers

SmartResQ products contain either non-replaceable or rechargeable batteries. Battery handling must follow the respective product’s user guide. Rechargeable batteries must only be charged using compatible and approved equipment. Users are legally required to dispose of batteries correctly. The crossed-out bin symbol indicates that batteries must not be disposed of with household waste.

Payment

Webshop Access

Use of our website(s) and app(s) is free of charge, contingent upon acceptance and compliance with our legal policies. Product purchases may be made through our webshop(s) or via integrated purchasing options in our app(s).

Use of our website(s) and app(s) is free of charge, provided that our legal policies are accepted and followed. Product purchases may be made through our webshop(s) or via in-app purchases.

Accepted Payment Methods

SmartResQ/CorPatch® uses VR Payment Online Kompakt as its secure payment gateway. VR Payment is part of the cooperative financial group (Volksbanken Raiffeisenbanken) and complies with PCI DSS Level 1 standards, ensuring robust security for all online transactions.

We accept payment by:

• VISA
• Mastercard
• Maestro
• PayPal
• Apple Pay
• Google Pay

Charges will be debited once the goods are shipped. Prices are listed in Euro and include all legally applicable value-added taxes (VAT). Card transactions are subject to validation and authorization by the issuing bank or payment provider. SmartResQ cannot be held liable if a payment is declined or delayed.

Secure Transactions

All payment data is encrypted using Secure Socket Layer (SSL) protocols, ensuring the confidentiality and integrity of your personal information during transmission.

Order Confirmation & Contract Formation

After placing your order, you will receive an acknowledgment email. Please note that this is not an acceptance of your order. A legally binding contract is only formed once you receive a dispatch confirmation email. SmartResQ/CorPatch® reserves the right to reject any order without explanation.

Shipping Costs & Ownership

Shipping costs are calculated and shown prior to order completion. Ownership of goods remains with SmartResQ/CorPatch® until full payment has been received. The invoice amount is usually charged shortly before the items are shipped.

Offset & Retention Rights

Customers are only entitled to set off claims that are undisputed, legally established, or acknowledged by SmartResQ/CorPatch®. The right to withhold payment only exists if the counterclaim is directly related to the same contract.

Payment Default

In the event of delayed or non-payment, all outstanding receivables become due immediately.

Cancellation and Returns

When shopping with SmartResQ online or offline, you have a 14-day right of withdrawal. Within this period, you may inform us if you have changed your mind and return the item to us in the same condition as you received it.

We only accept returns of unused items in their original, sealed, and undamaged packaging. Items must be properly packed for shipment; otherwise, products will be considered used, and no partial refunds will be granted. The right of cancellation only applies to products that remain unopened upon receipt.

Acceptable reasons for returning a product include:

• Exercising the 14-day cancellation right
• Product not as described
• Product is faulty (warranty claim)

Return conditions for CorPatch® comply with standard EU regulations.

When returning a product, please keep the original packaging intact – do not damage, write on, or affix anything to it. Use dedicated return packaging, such as a cardboard box, to protect the product during shipping.

For “CorPatch® Trainer” and “CorPatch® Single”, the withdrawal terms follow standard EU rules.

To exercise your right of cancellation, you must notify us within 14 days of receiving the items. Cancellation requests must be sent via email to info@corpatch.com, clearly stating your wish to cancel and the reason for doing so.

We expect the items to be returned promptly after your cancellation notice, no later than 14 days after informing us by email.

We reserve the right to withhold your refund until we have received the returned items or you have provided proof of shipment. Refunds will be processed using the same payment method as in the original transaction.

Non-acceptable reasons for returning a product include:

• Changing your mind after the 14-day cancellation period
• If the product has been activated
• If the product has been used or damaged in any way
• If software/free apps have been downloaded, connected to, installed, or otherwise combined with the physical product(s)

How to Return

Returns are only accepted for unopened items in original, undamaged packaging, properly packed for shipment. Otherwise, no refund will be issued.

Refunds

SmartResQ is obligated to repair, replace, offer a price reduction, or provide a full refund if the item is found to be faulty within 2 years from the date of purchase.

Customers are not entitled to a refund for minor issues such as scratches or cosmetic imperfections.

Once SmartResQ receives the returned item from the customer, the refund process will begin. The amount refunded depends on the condition of the product upon receipt by SmartResQ.

Refunds will be processed according to the original payment method. If payment was made by credit or debit card, refunds will be sent to the card-issuing bank within 5 business days after receipt of the returned item or cancellation request. Please contact your card-issuing bank directly for information on when the refund will be posted to your account.

Data Processing of Personal Information

At SmartResQ, we highly value your personal data and adhere to a strict three-step data compliance process:

• Maintaining a detailed map of our data flows,
• Conducting legal assessments based on these data flows, and
• Implementing necessary security measures to protect your data.

To use our webshop, you are required to provide at minimum the following information:

• Name
• Address
• E-mail address
• Phone number

All personal customer information is collected in accordance with applicable laws and the EU General Data Protection Regulation (GDPR).

Changes to This Document

Website(s), App(s), and Policy Updates

SmartResQ reserves the right to modify, delete, supplement, or otherwise change its website(s), app(s), policies, and related documents at any time and for any reason, without prior notice.

If any provision of our terms or policies is found to be invalid, void, or unenforceable, such provision shall be considered severable and will not affect the validity or enforceability of the remaining terms.

When policy updates are made, the revised version will be published online with an updated revision date. We encourage all users to review our policies regularly. In cases of material changes that significantly impact your rights or our practices, we may also notify you via email or by posting an announcement on our website and/or social media before the changes become effective.

Policy Version Binding at Purchase

When you make a purchase, you will be required to accept the then-current version of the relevant terms and policies. That specific version will govern your purchase and will not be altered retroactively.

Contact Information

If you have any questions about these Terms and Conditions, your order, or our products, please contact us: