Last updated: September 24 2020
Effective date and version: September 24 2020, version 4.1
These Terms and Conditions of Use ("Terms", "Terms of Use, Terms and Conditions, T&C") govern your relationship with www.memaxi.com website and its translated counterparts and the Memaxi products, both mobile and web applications, collectively called the "Service", operated by Memaxi ehf ("us", "we", or "our").
To use the Service, you need to read and agree with our Terms and our Privacy Policy. These Terms apply to all visitors, users and others who access or use the Service.
These Terms will be published in English but may be translated into additional languages for convenience of the reader. If these Terms are published in any language other than English, the English language version will be the governing agreement and shall control interpretation of all matters discussed below.
| DEFINITIONS |
| Beneficiary (of care) |
The person requiring care and assistance. The person using Memaxi Display |
| Carer |
A registered Memaxi user who has been authorised by the Display Profile Beneficiary to help manage the Display Profile, either a professional carer or informal/family carer |
| External |
An informal/family carer given access to a beneficiary through a Worksite run by a professional care provider |
| Profile |
A Profile is the collection of information relating to a Beneficiary. It may hold calendar events, notes, photos, guestbook entries and other information relating to the daily life of the person the Profile is intended for |
| Worksite |
A collection of beneficiary profiles and carers. Available only in Memaxi PRO |
| Memaxi Connect |
Mobile application, usually run on smartphones, with access to beneficiary information |
| Memaxi Display |
Mobile application, usually run on a tablet computer, with an overview of the beneficiary’s day |
| Memaxi Web |
Web application of Memaxi |
| Memaxi HOME |
For private use for a beneficiary and their informal carers |
| Memaxi PRO |
For professional use of care providers who service multiple beneficiaries |
INTRODUCTION TO MEMAXI
Memaxi is a care and communications solution and offered as a subscription-based solution (“Service”) for beneficiaries of care and their informal (family) and professional carers. It is used to help manage person-centered care plans, increase communication with the beneficiary with the use of video calls and photos and plan and record care and assistance provided.
Memaxi is offered to the private market as Memaxi HOME and as Memaxi PRO to professional care providers.
THE SERVICE
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password and login credentials that you use to access the Service and for any activities or actions under your credentials, whether your credentials are with our Service, your employer or a third-party service.
You agree not to disclose your credentials to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Our Service allows you to post, link, store, upload, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
SUBSCRIPTION
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Memaxi ehf cancels it.
Memaxi HOME:
A valid payment method is required to process the payment for your Subscription. Memaxi ehf offers payments through Google Play Store, Apple App Store or PayPal. You shall provide accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information, as directed by these payment processors. By submitting such payment information, you automatically authorize Memaxi ehf to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Memaxi ehf has the right to cancel your Subscription.
You may cancel your Subscription renewal from where you originally set up your payment (Google Play Store, Apple App Store or PayPal).
Memaxi PRO:
Subscription is invoiced by Memaxi ehf directly to the client/subscriber.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Free trial
Memaxi ehf may, at its sole discretion, offer a Subscription with a free trial for a limited period ("Free Trial").
You may be required to enter your billing information to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Memaxi ehf until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Memaxi ehf reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee changes
Memaxi ehf, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Memaxi ehf will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
PERSONAL DATA
As per the EU General Data Protection Regulation (“GDPR”), Memaxi acts as a Data Controller for Memaxi HOME users (such as beneficiaries and family carers).
Memaxi acts as a Data Processor for Memaxi PRO users (professional carers/employees, beneficiaries and external users/family carers who have been granted access). PRO users are professional care providers who act as Data Controllers and who are responsible for having the legal basis for processing personal and sensitive data as per the GDPR and other relevant laws and regulations. The Data Controllers enter into a Data Processing Agreement with Memaxi as a Data Processor and in turn Memaxi enters into Data Processing Agreements with its Data Sub-Processors.
Disclosure and transfer of data
Be aware that if you as a HOME or PRO user are located outside EU/EEA or reach the Service from outside EU/EAA, your data will be transferred to this so-called third country. PRO users are responsible for securing a legal basis for this transfer as instructed in the GDPR.
Memaxi is not responsible for securing a legal basis in those situations. Memaxi only transfers personal data to third countries when using sub-processors as covered in a Data Processing Agreement.
Our Privacy Policy provides further information.
INTELLECTUAL PROPERTY
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Memaxi ehf and its licensors. Any functionality or enhancement ideas or other designs as set forth by users of Memaxi and incorporated into the Service will become and remain the exclusive property of Memaxi ehf and its licensors. The Service is protected by copyright, trademark, and other laws of both the Iceland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Memaxi ehf.
LIMITATION OF LIABILITY
In no event shall Memaxi ehf, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Memaxi ehf publishes a list of minimum hardware and software requirements on its website and does not offer support for the Service on devices that do not meet the minimum requirements.
Memaxi ehf, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Links to other web sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Memaxi ehf. Memaxi ehf has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services other than Memaxi’s data sub-processors (see under PERSONAL DATA).
You further acknowledge and agree that Memaxi ehf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Iceland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
CLAIMS OR REQUESTS
If you have any claims or requests related to your use of the Service, you must report them in writing to Memaxi ehf, info@memaxi.com
CHANGES TO THESE TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make changes to these Terms that, in our sole discretion, is material we will notify you of those changes. We will notify you through the Service prior to the change becoming effective and update the "effective date" at the top of these Terms.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you as a HOME user may unsubscribe from the Service by deleting your account. You as a PRO user will need to contact your Memaxi Worksite administrator who created your access to the Service.
You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on our public website www.memaxi.com and corresponding language versions of that site.
CONTACT
If you have any questions about these Terms, please contact us by e-mail on info@memaxi.com
