The following key points of this User Agreement are brought for your convenience only. They do not substitute the full User Agreement.
MyndYou. The app is owned and operated by M.You Cognitive Technologies Ltd.
The App. Is an analytics-based platform that monitors cognitive and behavioral performance of patients.
Disclaimer. The app is merely a complementary instrument intended to enhance your caregiver’s ability to track your cognitive performance. The app is not, and is not intended to be, a substitute for an in-presence, qualified professional medical diagnosis, analysis, advice, guidance or treatment. Only your caregiver who is a qualified medical professional may provide you with medical advice.
Registration. In order to use the App, your caregiver will sign you up using your personal and health information. When you will open the app for the first time, we will ask you to provide us your mobile number in order to verify that you are a registered user.
Use and restrictions. Subject to these terms and the completion of your registration, you may access and use the App strictly for private, personal and noncommercial purposes. You may not use the App in any of the objectionable manners explained below.
Intellectual property. All legal rights in the App, including all intellectual property rights, are owned by us. Obviously, we don’t own the users’ content.
Age restriction. You must be 18 years of age or older in order to use the App.
Disclaimer of warranty. The App is provided for use as is. We disclaim all warranties and representations with respect to the App.
Limitation of liability. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use the App.
Indemnity. You agree to indemnify us in case of a third party complaint, claim, plea, or demand in connection with your breach of any provision or representation in these Terms.
Law & jurisdiction for U.S. residents. If you are a U.S. resident, the use of the App is governed by the laws of the State of New York. Most disputes between us will be decided in arbitration. You can opt out of arbitration under the terms outlined below, in which case disputes will be decided in court.
Law & jurisdiction for non-U.S. residents. If you are a non-U.S. resident, the use of the App is governed by the laws of the State of Israel and most disputes will be adjudicated in courts in Tel Aviv Israel.
… and in detail
Welcome to MyndYou, an analytics-based platform that monitors cognitive and behavioral performance of patients and elderly people (the “App” or “MyndYou”). The App is owned and operated by M.You Cognitive Technologies Ltd. (the “Company”, “we”, “us” and “our”).
Please read the following User Agreement (the "Terms") carefully. By installing, signing up to, accessing or using the App, you agree to these Terms. If you do not agree to these Terms, you may not access or use the App.
Our Platform. MyndYou is an analytic platform that enables your physician or professional caregiver (“Caregivers”) to monitor your cognitive and behavioral performance while driving or walking (the “Activities”). The App detects certain changes and anomalies in your Activities, and provides your Caregiver reports and alerts (the “Notifications”).
Through the App, you may review the number of times you performed each Activity and the distance of your Activities (“Activities History”).
THE APP IS MERELY A COMPLEMENTARY INSTRUMENT INTENDED TO HELP YOUR CAREGIVER TRACK YOUR COGNITIVE PERFORMANCE. THE APP IS NOT, AND IS NOT INTENDED TO BE, A SUBSTITUTE FOR AN IN-PRESENCE, QUALIFIED PROFESSIONAL MEDICAL DIAGNOSIS, ANALYSIS, ADVICE, GUIDANCE OR TREATMENT.
USING THE APP DOES NOT CREATE OR IMPLY A DOCTOR-PATIENT OR NURSE-PATIENT RELATIONSHIP BETWEEN YOU AND THE COMPANY.
Information you provide. In order to use the App, you must have a Caregiver who is registered with our Platform as an approved Caregiver. After you provide informed consent to your Caregiver, your Caregiver will a sign you up to the App, using your personally identifiable information (“PII”), including your name and mobile number (“Registration Information”). In order for us to activate your account, when you open the App for the first time, we will ask you to provide us with your mobile number in order to verify that you are the user registered by your Caregiver. If your mobile number does not appear in our databases or if we are not able to verify your account, you will not be able to use the App.
PLEASE NOTE THAT YOUR REGISTRATION INFORMATION ORIGINATES FROM YOUR CAREGIVERS. WE ASSUME NO LIABILITY OVER ANY INFORMATION PROVIDED BY THIRD PARTIES TO US, INCLUDING YOUR CAREGIVER. YOU CONFIRM THAT YOU AUTHORIZE YOUR CAREGIVER TO PROVIDE US WITH YOUR PERSONAL HEALTH INFORMATION (“PHI”).
False information. If we believe that the Registration Information you provide is false or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to the App.
Additional Information. We reserve the right to request additional information to verify your identity during the registration process, throughout your use of the App or when you submit requests related to your user account.
Our intellectual property. All rights, title and interest in and to the App and its features, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, but excluding any content that originates from users, are the exclusive property of the Company and its licensors.
Restrictions. You may not copy, distribute, display or perform publicly, make available to the public or communicate to the public, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the App, its features or any part thereof, in any way or by any means.
You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.
USING THE APP
Acceptable use. You may use the App only for your private, personal and non-commercial purposes.
Prohibited use. When using the App, you must refrain from –
Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the App;
Interfering with, burdening or disrupting the functionality of the App;
Breaching the security of the App or publicly identifying any security vulnerabilities in it;
Circumventing or manipulating the operation or functionality of the App, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the App;
Sending automated or machine generated queries;
Using robots, crawlers and similar applications to collect and compile content from the App or send data to the App including for the purposes of competing with the App, or in such ways that may impair or disrupt the App’s functionality;
Displaying or embedding content from the App, including by any software, feature, gadget or communication protocol, which alters the content or its design;
Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;
Collecting, harvesting, obtaining or processing personal information regarding the App’s users, without their prior explicit consent;
Abusing, harassing, threatening or intimidating other users of the App;
Linking to the App from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;
Violating any applicable law;
YOU MAY NOT USE THE APP FOR ANY ACTIVITY THAT CONSTITUTES, OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE, A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY APPLICABLE LAW.
If you are under the legal age of maturity in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to accept these Terms. By using the App, you declare to us that you have obtained it. If you are under the age of 13 you may not use the App in any way.
Terminating your MyndYou account. You may, at any time, request to terminate your App account by contacting us at firstname.lastname@example.org. Once we complete processing your request for termination, we will delete your account from our systems. However, be advised that following such termination, your Caregiver will still have access to your Registration Information, Activities’ information and Notifications generated through the App. You should also bear in mind that aggregated and analytical information will not be deleted as it is merged with other information.
Please note that merely uninstalling the App won't delete your account and its details, including all the information maintained in it and information sent to your Caregiver, which may still remain with us and with your Caregiver.
We may temporarily or permanently limit, block your access to or terminate your user account, if we determine that you breached these Terms. Upon termination of these Terms or your account, for any reason, your right to use the App is terminated and you must immediately cease using the App; and we will not be liable to you for termination of access to the App.
Operation of the App. We may at any time discontinue or terminate the operation of the App, its features, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you.
Changing the App. We may, at any time and without prior notice change the layout, design, scope, features or availability of the App.
Changing these Terms. We may revise these Terms, in whole or in part, at any time by putting you on notice of the amended Terms. Your continued use of the App after the effective date of the amended Terms constitutes your consent to the amended Terms.
DISCLAIMER OF WARRANTY
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP, THE ACTIVITIES HISTORY AND ITS NOTIFICATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
WE DO NOT WARRANT THAT (1) THE APP WILL BE UNINTERRUPTED, ERRORFREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE APP WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE APP Functionalities WILL MEET YOUR EXPECTATIONS; (4) THE NOTIFICATIONS SENT TO YOUR CAREGIVER THROUGH THE APP AND YOUR ACTIVITIES HISTORY WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE APP WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE APP, OR THE CONTENT SENT THROUGH THE APP, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THESE TERMS, THE APP, THE USE OF, OR THE INABILITY TO USE THE APP OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APP, OR FROM ANY FAULT, ERROR MADE BY OUR STAFF, OR FROM ANY COMMUNICATION THROUGH THE APP, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR INFORMATION ON THE APP INCLUDING THE ACTIVITIES HISTORY.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO THE APP, OR IF THROUGH YOUR USE OF THE APP, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.
SOME FEATURES OF THE APP RELY ON INFORMATION ORIGINATING FROM CAREGIVERS. WE DISCLAIM ANY RESPONSIBILITY FOR SUCH INFORMATION’S ACCURACY OR RELIABILITY.
To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the App, your breach of these Terms or infringement of any other person’s rights.
Your use of the App may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as Google Play or Amazon App-store for Android. Such third parties are not responsible for providing maintenance and support services with respect to the App.
Governing Law, jurisdiction – U.S Users
If you are a U.S resident, your use of the App and its underlying service will be governed by and construed solely in accordance with the laws of the State of New York, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of York.
Any and all disputes, claims or controversies between you and the Company regarding these Terms or the use of the App or its underlying service, which are not amicably resolved, shall be settled through binding arbitration (rather than in court) by telephone, online or based solely upon written submissions without in-person appearance, administered by the American Arbitration Association (AAA), under its Commercial Arbitration Rules (which are available at www.adr.org). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, you may lodge claims in small claims court if your claim qualifies.
The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
Payment of filing, administration and arbitrator fees will be governed by the AAA's Commercial Arbitration Rules. These fees will be shared equally by you and us, unless the arbitrator: (i) determines that the claims are frivolous, in which case the claimant shall bear all such fees arising from the frivolous claim; or (ii) determines that the fees should be allocated differently.
You may opt-out of the above arbitration clause by emailing us to email@example.com, within 10 days of entering into these Terms for the first time, an opt-out notice that identifies yourself and clearly sets out your choice to opt out of dispute settlement by arbitration. In case of such opt-out, any and all disputes, claims or controversies between you and us regarding these Terms or the use of the App, which are not amicably resolved, shall be subject to the exclusive jurisdiction and venue of the state and federal courts in New York County in the State of New York, USA.
Notwithstanding anything to the contrary in this section, either party may file: (a) an impleader claim against the other party in any court of competent jurisdiction; (b) in any court of competent jurisdiction a claim concerning the infringement (or alleged infringement) of intellectual property rights.
Governing Law, jurisdiction – NON-U.S. Users
If you are a non-U.S. resident, your use of the App will be exclusively governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than Israel.
Any dispute, controversy or claim which may arise out of or in connection with these Terms or the App, shall be submitted to the sole and exclusive jurisdiction of the competent courts in the Tel Aviv district in Israel. Subject to the following sentence, you and us, each hereby expressly consent to the exclusive personal jurisdiction and venue of such courts, and waive any objections related thereto including objections on the grounds of improper venue, lack of personal jurisdiction or forum non conveniens.
Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
Changes in ownership. In the event of M&A, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party in which case the assignee assumes our stead and we are irrevocably released from all performances, duties, liabilities and obligations contained herein.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.
At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the App or these Terms, at: firstname.lastname@example.org, or through our online contact form.