Terms of Service

MedMemoir - A Product of Krocess LLC

Last Updated: November 24, 2024

These Terms of Service ("Terms") govern your use of the MedMemoir mobile application ("Service," "App," or "MedMemoir") provided by Krocess LLC ("we," "us," "our," or "Company").

BY USING MEDMEMOIR, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

1. Acceptance of Terms

By creating an account or using MedMemoir, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

MedMemoir is a personal medical records management application that allows you to:

3. Not Medical Advice - Important Disclaimers

3.1 Not a Substitute for Professional Medical Care

MEDMEMOIR IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

3.2 Emergency Situations

IN CASE OF MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. DO NOT RELY ON MEDMEMOIR IN EMERGENCY SITUATIONS.

3.3 Measurement Accuracy

4. User Accounts and Eligibility

4.1 Age Requirement

You must be at least 13 years old to use MedMemoir. If you are under 18, you must have parental consent.

4.2 Account Security

You are responsible for:

4.3 Account Information

You agree to:

5. User Responsibilities and Acceptable Use

5.1 Your Data

You are solely responsible for:

5.2 Prohibited Uses

You may NOT:

6. Data Ownership and Privacy

6.1 Your Data Belongs to You

You retain all rights to your medical records and health information stored in MedMemoir.

6.2 License to Us

By using the Service, you grant us a limited license to store, process, and display your data solely to provide the Service.

6.3 Data Privacy

Please review our Privacy Policy, which explains how we collect, use, and protect your data.

7. Subscriptions and Payments

7.1 Free Trial

New users receive a 30-day free trial with access to all Pro features.

7.2 Subscription Plans

7.3 Billing

7.4 Changes to Pricing

We reserve the right to change subscription prices with 30 days' notice. Price changes will not affect active subscriptions until renewal.

8. Disclaimers and Limitations of Liability

8.1 "AS IS" Service

MEDMEMOIR IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

8.2 No Warranty

We do not warrant that:

8.3 Data Loss

YOU ACKNOWLEDGE THAT:

8.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

KROCESS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.5 Maximum Liability

Our total liability to you for all claims arising from your use of MedMemoir shall not exceed the amount you paid us in the 12 months before the claim, or $100, whichever is greater.

8.6 Medical Decisions

KROCESS LLC IS NOT LIABLE FOR:

9. Indemnification

You agree to indemnify, defend, and hold harmless Krocess LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

10. Intellectual Property

10.1 Our Rights

MedMemoir, including its design, features, code, and content, is owned by Krocess LLC and protected by copyright, trademark, and other intellectual property laws.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

10.3 Trademarks

"MedMemoir," "Krocess," and associated logos are trademarks of Krocess LLC. You may not use our trademarks without written permission.

11. Third-Party Services

11.1 Third-Party Integrations

MedMemoir integrates with third-party services (Apple Health, Google Health Connect, Firebase, etc.). Your use of these services is subject to their terms and policies.

11.2 No Endorsement

We do not endorse or assume responsibility for third-party services or content.

12. Termination

12.1 By You

You may terminate your account at any time by deleting the App and contacting us to delete your data.

12.2 By Us

We may suspend or terminate your access if you:

12.3 Effect of Termination

Upon termination:

13. HIPAA and Healthcare Compliance

13.1 Not a Covered Entity

Krocess LLC is not a "covered entity" or "business associate" under HIPAA. MedMemoir is a personal health records (PHR) tool, not an electronic health records (EHR) system.

13.2 Your Responsibility

You are responsible for complying with HIPAA or other healthcare regulations when sharing medical information with healthcare providers.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Delaware and the United States, without regard to conflict of law principles.

14.2 Arbitration Agreement

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration, not in court, except that you may assert claims in small claims court if they qualify.

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator's decision is final and binding.

14.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

14.4 Exceptions to Arbitration

Either party may seek:

15. Changes to Terms

15.1 Modifications

We may modify these Terms at any time. Material changes will be notified via:

15.2 Acceptance

Continued use of the Service after changes constitutes acceptance. If you don't agree, stop using the Service.

16. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Krocess LLC regarding the Service.

18. No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

19. Contact Information

For questions about these Terms, contact us:

Krocess LLC
Website: https://krocess.com
Email: legal@krocess.com
Support: support@medmemoir.com

20. Acknowledgment

BY USING MEDMEMOIR, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

YOU UNDERSTAND THAT: