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:
- Store and organize medical records, documents, and health information
- Track vital signs and health metrics
- Manage medications and set reminders
- Store emergency contact information
- Generate QR codes for emergency access to your medical profile
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.
- The Service is for personal record-keeping only
- Do not use MedMemoir as a substitute for professional medical advice, diagnosis, or treatment
- Always seek the advice of your physician or qualified health provider with questions about medical conditions
- Never disregard professional medical advice or delay seeking it because of information in MedMemoir
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
- Camera-based vital measurements (heart rate, HRV) are estimates and should not be used for medical decisions
- Measurements are for informational and wellness purposes only
- Always use FDA-approved medical devices for diagnostic purposes
- Consult healthcare professionals before making health decisions based on app data
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:
- Maintaining the confidentiality of your password
- All activities that occur under your account
- Notifying us immediately of unauthorized access
4.3 Account Information
You agree to:
- Provide accurate, current, and complete information
- Update your information to keep it accurate
- Not impersonate others or create fraudulent accounts
5. User Responsibilities and Acceptable Use
5.1 Your Data
You are solely responsible for:
- The accuracy of health information you enter
- Maintaining backups of important medical information
- Verifying that information is correct before sharing with healthcare providers
5.2 Prohibited Uses
You may NOT:
- Use the Service for illegal purposes
- Share your account with others
- Attempt to access other users' data
- Reverse engineer, decompile, or disassemble the App
- Use the Service to transmit malware or harmful code
- Use automated systems to scrape or collect data
- Violate any applicable laws or regulations
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
- Free Plan: Basic features with limitations (2 vital types, limited history)
- Pro Plan: Unlimited features, full access to all vitals and records
7.3 Billing
- Subscriptions are billed through Apple App Store or Google Play Store
- Prices are in U.S. dollars and may vary by location
- Subscriptions automatically renew unless cancelled 24 hours before renewal
- Refunds are handled by Apple or Google according to their policies
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:
- The Service will be uninterrupted, timely, secure, or error-free
- Data will be accurate, reliable, or preserved without loss
- Defects will be corrected
- The Service is free from viruses or harmful components
8.3 Data Loss
YOU ACKNOWLEDGE THAT:
- Data loss may occur due to technical failures, device loss, or other unforeseen circumstances
- We are not responsible for any data loss, regardless of cause
- You are solely responsible for maintaining backups of important medical information
- We strongly recommend keeping physical or alternative digital copies of critical medical records
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:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or use
- Personal injury or property damage
- Any damages arising from your use or inability to use the Service
- Reliance on any information in the Service
- Medical complications or adverse health outcomes
- Data loss or corruption
- Unauthorized access to your data
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:
- Any health outcomes or medical decisions made based on app data
- Inaccurate measurements or data entry errors
- Missed medication reminders or appointments
- Any medical emergency or health complication
- Reliance on the Service instead of professional medical care
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:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of others
- Any medical decisions or health outcomes
- Data loss or corruption
- Your content or information in the Service
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:
- Violate these Terms
- Engage in fraudulent activity
- Abuse the Service or harm other users
12.3 Effect of Termination
Upon termination:
- Your right to use the Service ceases immediately
- We may delete your data (unless required to retain by law)
- These Terms remain in effect for provisions that should survive 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:
- Injunctive relief in court for intellectual property infringement
- Small claims court resolution
- Emergency equitable relief
15. Changes to Terms
15.1 Modifications
We may modify these Terms at any time. Material changes will be notified via:
- Email to your registered address
- In-app notification
- Updated "Last Updated" date
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.
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:
- MedMemoir is not medical advice or a medical device
- You are responsible for your health decisions
- You should consult healthcare professionals for medical matters
- Krocess LLC is not liable for data loss or medical outcomes
- You use the Service at your own risk