Terms and Conditions of Use — Dementia Smart Care

1. Acceptance of These Terms

These Terms and Conditions (“Terms“) govern access to and use of the Dementia Smart Care mobile application (the “App“), provided by Dementia Smart Care (“we“, “us“, “our“). By creating an account, setting up a Patient profile, or otherwise using the App, you agree to be bound by these Terms and by our [Privacy Policy].

If you are setting up or managing the App on behalf of a Patient who is unable to understand or agree to these Terms because of cognitive impairment, you confirm that you are their authorised representative (e.g. a family member, carer, or person holding Power of Attorney or guardianship) and that you accept these Terms on the Patient’s behalf, in their best interests.

If you do not agree to these Terms, do not download, access, or use the App.

2. Who Can Use the App

The App has two categories of user:

Only a Caregiver/Family Member, aged care provider, or other authorised adult may create and manage an account.

3. Description of the Service

The App provides features intended to support daily living and family connection for people with Alzheimer’s disease or dementia, including (subject to your subscription tier):

AI Voice Companion for reminders
Family Recognition profiles and Memory Book
Medication Assistant and Daily Routine Assistant
Mood Check-In and Sleep Assistant
Music Therapy playlists
Emergency Help (one-tap dialpad calling and location sharing) and Find My Way navigation
A Caregiver Dashboard for managing the above

Features available on the free tier versus a paid subscription are set out at [link to pricing page] and may change from time to time as described in Section 9.

4. Important Disclaimer — Not a Medical or Emergency Service

Please read this section carefully.

The App is a daily-living support and companionship tool. It is not a medical device, diagnostic tool, or substitute for professional medical advice, diagnosis, or treatment.
The Medication Assistant is a reminder tool only. It does not verify dosage safety, drug interactions, or confirm that medication has actually been taken correctly. Always follow the guidance of the Patient's doctor or pharmacist or registered health professional.
The AI Voice Companion may occasionally provide inaccurate, incomplete, or nonsensical responses, as is inherent to AI-based systems. It should not be relied upon for medical, legal, financial, or emergency decisions.
In a genuine emergency, always call 000 (Triple Zero) directly, or your local emergency number, rather than relying solely on the App. The Emergency Help and Find My Way features depend on the Patient's device having battery power, network/GPS signal, and location services enabled — we cannot guarantee these features will work in every situation, including in areas of poor connectivity, when the device is off or uncharged, or during a service outage.
GPS location shown in the App is approximate and may be delayed or inaccurate, particularly indoors or in areas with poor satellite or network reception.

By using the App, you acknowledge and accept these limitations, and agree that the App is a supplementary aid, not a replacement for appropriate medical care, supervision, or emergency services.

5. Accounts and Responsibilities

5.1 Caregiver/Family Member responsibilities

You agree to:

Provide accurate and up-to-date information about the Patient, including medication schedules, emergency contacts, and medical details;
Keep your login credentials confidential and notify us promptly of any unauthorised use of your account;
Ensure the Patient's device remains charged, connected, and has location services enabled if you intend to rely on Emergency Help or Find My Way;
Regularly review and update reminders, contacts, and profile information, as the App relies on the accuracy of the data you provide;
Obtain any necessary consent from the Patient (or confirm your authority to act on their behalf) before uploading their photographs, voice recordings, or health information.

5.2 Patient use

Patients are encouraged to use the App’s companion features (voice interaction, family recognition, mood check-in, music therapy) as intended, with assistance from the Caregiver/Family Member managing the account.

5.3 Accuracy of information

We are not responsible for harm arising from inaccurate, outdated, or incomplete information entered by a Caregiver/Family Member (e.g. an incorrect medication time, an outdated emergency contact number, or an incorrect home address for navigation features).

6. Acceptable Use

You must not use the App to:

Upload content that is unlawful, abusive, or infringes another person's rights;
Attempt to reverse-engineer, copy, or interfere with the App's software or security;
Use the App for any purpose other than personal or authorised caregiving/aged-care use;
Impersonate another person or misrepresent your relationship to the Patient;
Share your account access with anyone not authorised to manage the Patient's care.

We may suspend or terminate accounts that breach this section.

7. Subscriptions, Fees, and Payment

The App offers a free tier with essential features (as described in Section 3) for the initial 03 Months and on completion of initial 03 months, the further usage of the App will be restricted and the bill will be generated on the basis of monthly or annually thereafter and at the rate shown at checkout.
Subscription fees are charged in advance and are Subscription fees are generally non-refundable for the unused portion of a billing period. This does not affect, and does not attempt to exclude, any right to a refund, replacement, or remedy you have under the Australian Consumer Law's consumer guarantees — for example, if the App fails to work as described, or a core feature has a major, ongoing fault. In that case, you may be entitled to a refund or other remedy regardless of this clause.
We may change subscription pricing with at least 30 days’ notice before your next renewal. Continuing to use the paid features after a price change constitutes acceptance of the new price.
You may cancel your subscription at any time through App Store / Google Play / in-app setting; cancellation takes effect at the end of the current billing period, and no partial refunds are provided for unused time, except as required by law.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy available to you under the Australian Consumer Law that cannot lawfully be excluded.

8. Intellectual Property

The App, including its software, design, text, graphics, logos, and the “Dementia Smart Care” name and branding, is owned by or licensed to Dementia Smart Care and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the App for its intended personal/caregiving purpose. You may not copy, modify, distribute, sell, or lease any part of the App without our prior written consent.

Content you upload (e.g. photographs, voice recordings, family profiles) remains owned by you or the person who provided it. By uploading content, you grant us a limited licence to store, process, and display that content solely for the purpose of operating the App’s features for your account.

9. Changes to the App and These Terms

We may update, modify, or discontinue features of the App from time to time, including adding new premium features or retiring existing ones, and will provide reasonable notice of material changes where practical.

We may also update these Terms from time to time. If we make material changes, we will notify account holders via in-app notification or email before the changes take effect. Continued use of the App after changes take effect constitutes acceptance of the updated Terms.

10. Third-Party Services

The App relies on third-party services to operate certain features, including mapping/navigation providers, AI/voice-processing providers, cloud hosting, and payment processors. These third parties have their own terms and privacy practices, and we are not responsible for their availability, accuracy, or performance. If a third-party service becomes unavailable, related App features (e.g. Find My Way, AI Voice Companion) may be temporarily affected.

11. Limitation of Liability

To the maximum extent permitted by law:

The App is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, except as required by the Australian Consumer Law;
We do not warrant that the App will be uninterrupted, error-free, or that any AI-generated response, reminder, or navigation instruction will be accurate or timely;
We are not liable for any indirect, incidental, or consequential loss, or for any harm arising from reliance on the App in place of appropriate medical care, supervision, or emergency services;
Our total liability for any claim arising from your use of the App is limited to the amount you paid for your subscription in the 12 months preceding the claim, except where such limitation is not permitted by law (including certain consumer guarantees or liability for death or personal injury caused by negligence).

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including certain guarantees under the Australian Consumer Law.

12. Indemnity

To the extent permitted by law, you agree to indemnify and hold us harmless from any claim, loss, or damage arising from your breach of these Terms, your misuse of the App, or inaccurate information you provide about a Patient, except to the extent caused by our own negligence or breach of these Terms.

13. Suspension and Termination

We may suspend or terminate your access to the App if:

You may close your account at any time by contacting [support email] or through in-app account settings. On closure, your data will be handled in accordance with our Privacy Policy’s retention and deletion terms.

14. Governing Law

These Terms are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State/Territory.

15. Contact Us

Questions about these Terms can be directed to:

Dementia Smart Care Email: [info@dementiasmartcare.com.au]