Terms of Use

1. About these terms

These Terms of Use (“Terms”) are an agreement between you and James Tanudji and Amay Chowdhury, the two people who make MemoryCare (“MemoryCare”, “we”, “us” or “our”). They apply when you use the MemoryCare mobile app, our website and any related services (together, the “Service”).

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you don’t agree, please don’t use the Service.

In these Terms, the person receiving care means the person living with dementia or memory loss who uses the MemoryCare home screen, a caregiver means a person who uses MemoryCare to support them, and the care circle is the group of caregivers linked to them.

2. The Service

MemoryCare is a daily-living support tool. It helps people living with dementia with their daily routine, and helps caregivers stay informed. Features include task and medication reminders (including read-aloud prompts), daily check-ins, brain games, an SOS button, fall alerts, location sharing, a caregiver dashboard and AI-generated summaries.

3. Not medical advice or emergency care

• MemoryCare does not diagnose, treat, monitor or prevent any disease or medical condition. Brain games and insights are for engagement and general information only. They are not a cognitive assessment.
• Medication reminders are based entirely on the information entered by caregivers. You are responsible for making sure medication names, doses and times are correct and match the directions of the prescribing health professional.
• AI-generated summaries may be inaccurate or incomplete. Don’t rely on them as the only basis for decisions about someone’s health or care.
• MemoryCare does not replace supervision, professional care or emergency services. If you’re worried about someone’s health or safety, contact a health professional, or call 000 in an emergency.

4. Limits of safety features

We work hard to make SOS, fall and missed-dose alerts reliable, but they depend on things outside our control. Alerts may be delayed or may not be sent or received if, for example:

• the phone is switched off, out of battery, out of range or not connected to the internet;
• location, motion or notification permissions are turned off, or the phone’s operating system restricts the app;
• a caregiver’s phone is silenced, offline or has notifications disabled; or
• a third-party service (such as a mobile network or notification service) fails.

Fall detection may not detect every fall, and may sometimes raise an alert when no fall has happened. Location is approximate and its accuracy varies. Please test the features after setting up, and keep other safety arrangements in place.

5. Accounts and eligibility

• You must be at least 18 years old to create a caregiver account.
• A profile for the person receiving care may be set up and managed by a caregiver under section 6.
• You must give accurate information and keep it up to date.
• Keep your login details secure, and tell us straight away if you think someone has used your account without permission. You are responsible for activity on your account, except where it happens because of our failure to take reasonable care.

6. Caring for someone else

If you set up or manage MemoryCare for another person, you confirm that:

• the person has agreed, or, if they can’t agree, you are legally authorised to make these decisions for them (for example, as their enduring guardian or attorney, or as the “person responsible” under the law of your state or territory);
• you will use MemoryCare in their best interests, respect their dignity and privacy, and involve them in decisions as much as they are able to be involved; and
• you have permission to add the other people whose details you enter, such as other caregivers.

Members of a care circle can see sensitive information about the person receiving care, including their location. Only invite people you trust, and remove people who should no longer have access.

7. Your content

You keep ownership of the information, notes and photos you add to MemoryCare (“your content”). You give us a non-exclusive, royalty-free licence to host, store, copy, process and display your content only as needed to provide, maintain and improve the Service for you and your care circle, and as described in our Privacy Policy. This licence ends when your content is deleted from the Service, apart from copies we need to keep by law or in routine backups for a limited time.

You must have the right to add your content. It must not infringe anyone else’s rights.

8. Acceptable use

You must not:

• use MemoryCare to track, monitor or control anyone without their consent or lawful authority, or in a way that is abusive, coercive or harmful;
• knowingly trigger false SOS or emergency alerts;
• upload anything unlawful, offensive, or that infringes someone else’s rights;
• try to access accounts or data that aren’t yours, or interfere with the security or operation of the Service;
• copy, reverse engineer, resell or build a competing product from the Service, except as allowed by law; or
• use the Service in breach of any law.

9. Cost

MemoryCare is free. We don’t charge for the app or any of its features, and there are no in-app purchases or subscriptions.

If that ever changes, we’ll update these Terms and tell you before anything costs money. Nothing you already use for free will start costing money without your agreement.

10. Our intellectual property

We (or our licensors) own the Service, including the app, software, design, text, graphics, games and the MemoryCare name and logo. We give you a personal, non-exclusive, non-transferable, revocable licence to use the app on devices you own or control, for your own non-commercial use, in line with these Terms.

11. Changes and availability

We are always improving MemoryCare, so features may change over time. If we plan to remove a major feature or stop providing the Service, we will give you reasonable notice where we can.

We aim to keep the Service available at all times. However, it may sometimes be unavailable because of maintenance, updates or events outside our control.

12. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the ACL or any other law that cannot lawfully be excluded or limited.

13. Liability

Subject to section 12, and to the extent the law allows:

• the Service is provided “as is”, and we don’t promise it will be uninterrupted, error-free or meet every need;
• where the law lets us limit our liability for failing to comply with a consumer guarantee, our liability is limited (at our choice) to supplying the services again or paying the cost of having them supplied again;
• we are not liable for any indirect or consequential loss, or loss of profits, arising from your use of the Service; and
• our liability to you is reduced to the extent your loss was caused or contributed to by you, for example by entering incorrect medication information, turning off required permissions, or not following these Terms.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law.

14. Ending your use

You can stop using MemoryCare and delete your account at any time, in the app or by emailing us.

We may suspend or close an account if it’s reasonably necessary because you have seriously or repeatedly breached these Terms, to protect the person receiving care or others from harm, or if the law requires it. Where it’s appropriate and safe, we will tell you first and give you a chance to fix the problem. Because safety features may be affected, we will try to give the care circle notice before closing an account of a person receiving care.

Sections that by their nature should continue (such as 12, 13 and 18) survive after these Terms end.

15. Apple and Google

If you downloaded MemoryCare from the Apple App Store or Google Play:

• these Terms are between you and us, not Apple or Google, and we (not Apple or Google) are responsible for the app and its content;
• Apple and Google have no obligation to provide maintenance or support for the app;
• if the app fails to meet an applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the app. To the extent the law allows, Apple has no other warranty obligation for the app;
• Apple and Google are not responsible for addressing any claims by you or others relating to the app, including product liability claims, claims that the app doesn’t meet legal or regulatory requirements, consumer protection or privacy claims, or intellectual property claims;
• you confirm you are not located in a country subject to a U.S. Government embargo, and are not on any U.S. Government list of prohibited or restricted parties; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

You must also follow the app store’s own terms of service.

16. Changes to these terms

We may update these Terms to reflect changes to the Service or the law. We’ll post the new version on this page. If a change is significant, we’ll tell you in the app or by email at least 14 days before it takes effect. If you don’t agree with the change, you can stop using the Service and delete your account before it takes effect.

17. Disputes

If you have a problem with MemoryCare, please contact us first at memorycareau@gmail.com. We’ll work with you in good faith to try to resolve it within 30 days. This doesn’t stop you from contacting your state or territory consumer protection agency, or from taking any other action available to you under the law.

18. Governing law and general terms

• These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of its courts, and the courts of the Commonwealth.
• If any part of these Terms is found to be invalid or unenforceable, it will be read down or severed, and the rest will continue to apply.
• If we don’t enforce a right straight away, that doesn’t mean we have given it up.
• You may not transfer your rights under these Terms. We may transfer ours to anyone who takes over MemoryCare from us or joins us in running it, provided your rights aren’t reduced as a result.
• These Terms and our Privacy Policy are the entire agreement between you and us about the Service.

19. Contact us

MemoryCare
James Tanudji and Amay Chowdhury
Email: memorycareau@gmail.com

See also our Privacy Policy.