These Terms of Use (the "Agreement") govern your access to and use of the "elli cares" mobile application (the "App") provided by elli Organisation PTY LTD ("we," "us," or "our", “ourselves”). By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use the App.

1.1 Purpose of the Terms of Use

This Agreement sets forth the terms and conditions that govern your use of the App. It is important that you carefully read and understand this Agreement, as it creates a legally binding agreement between you and elli Organisation PTY LTD.

1.2 Acceptance of the Agreement

By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you are using the App on behalf of an organisation or entity, you represent and warrant that you have the necessary authority to enter into this Agreement on their behalf.

1.3 Changes to the Agreement

We reserve the right to modify this Agreement at any time, in our sole discretion. We will notify you of any material changes to this Agreement by posting the updated version within the App or by sending you a notification via the contact information associated with your account. It is your responsibility to review this Agreement periodically for any updates or changes. Your continued use of the App after any modifications to this Agreement constitutes your acceptance of such modifications.

1.4 Additional Policies and Agreements

In addition to this Agreement, your use of the App is also subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the App, you consent to the collection and use of your information as described in the Privacy Policy.

If there is any conflict or inconsistency between this Agreement and any other policies or agreements referenced herein, this Agreement shall govern.

In this Agreement, the following terms shall have the meanings ascribed to them below:

2.1 "elli cares" or "App"

Refers to the mobile application developed by elli Organisation PTY LTD that provides geofencing-based monitoring, medication reminders, task reminders, appointment reminders, and facilitates communication between individuals with cognitive impairment and their families.

2.2 "User"

Refers to any individual who downloads, instals, and uses the App, including individuals with cognitive impairment and their authorised representatives.

2.3 "Organisation"

Refers to elli Organisation PTY LTD, the entity that developed and owns the "elli cares" App.

2.4 "Safe Zones"

Refers to predefined geofenced locations set by the User or their authorised representative within the App. These locations serve as virtual boundaries that trigger notifications or alerts when the User enters or exits them.

2.5 "Cognitive Impairment"

Refers to any condition or disorder that affects cognitive functioning, including but not limited to Alzheimer's disease, dementia, traumatic brain injury, and cognitive decline associated with ageing.

2.6 "Content"

Refers to any information, data, text, images, videos, or other materials generated, uploaded, or transmitted through the App by the User.

2.7 "Personal Information"

Refers to any information that identifies or can be used to identify an individual, either alone or in combination with other information, as defined and protected under applicable privacy laws.

2.8 "Privacy Policy"

Refers to the policy that outlines how we collect, use, store, and protect personal information collected through the App. The Privacy Policy is an integral part of this Agreement and is available on our website or accessible via the App

3.1 Description of the "elli cares" app and its functionalities

Overview: elli is a mobile application designed for people living with early to mid-stage cognitive impairment; it helps them maintain their independence and stay connected with their family. elli uses push notifications to remind users of essential tasks, as well as taking medication and attending appointments and uses geo-fencing technology to manage wandering. 

The "elli cares" app offers a range of functionalities designed to connect individuals with cognitive impairment and their family members. These functionalities assist in managing daily activities, providing reminders for medication, appointments, tasks, and safe zones.

Reminders: Reminders can be set by both family members and the person with cognitive impairment. The app sends push notifications to the person with cognitive impairment when their reminders, such as tasks, appointments, or medications, are due.

The push notifications provide necessary information to complete the task and request confirmation of completion. If a reminder is not marked as complete within an hour, connected family members receive a notification indicating that the reminder has not been actioned.

Safe Zones: The app allows both family members and the person with cognitive impairment to set "Safe Zones." These Safe Zones represent areas frequented by the person with cognitive impairment.

When the person with cognitive impairment moves outside their designated Safe Zones, they receive a notification to check if they are okay. The notification provides options to call a family member or find their way home, if needed.

Family members who are connected within the app also receive a notification when their loved one moves outside their Safe Zone, ensuring they are informed of any changes in location.

Battery Status: Family members who are connected to their loved one with cognitive impairment can view the status of their loved one's mobile phone battery. The app dashboard displays whether the loved one has gone offline or if their battery level is low.

Activity Log: The app maintains an activity log that records the status of all reminders. This log captures whether reminders have been missed, marked as not actioned, or successfully actioned.

The activity log provides insights into adherence to daily reminders on a weekly basis, helping family members understand the level of compliance with the set reminders.

4.1 Acceptable Use

By using the "elli cares" App, you agree to use it in compliance with all applicable laws, regulations, and this Agreement. You shall not engage in any activity that could harm, interfere with, or disrupt the functioning of the App or the experience of other users.

4.2 Accuracy of Information

You are responsible for providing accurate and up-to-date information when using the App. This includes, but is not limited to, personal information, medical information, reminders, and task details. You acknowledge that inaccurate or outdated information may result in ineffective or incorrect reminders, notifications, or monitoring.

4.3 User Conduct

You agree to use the App in a lawful and responsible manner. When using the App, you shall not:

(a)Engage in any unauthorised or unlawful activity; (b) Upload, post, transmit, or otherwise distribute any content that is infringing, defamatory, obscene, offensive, or harmful; (c) Violate the privacy rights, intellectual property rights, or any other rights of third parties; (d) Attempt to gain unauthorised access to the App, user accounts, or any systems or networks associated with the App; (e) Interfere with or disrupt the operation of the App or any servers or networks connected to the App; (f) Use the App to send unsolicited communications, including spam or promotional materials; (g) Misrepresent your identity or impersonate any person or entity.

4.4 Safe Zones and Location Sharing

The "elli cares" App utilises GPS and geofence technology to monitor location and notify designated individuals of a User's entry or exit from predefined Safe Zones. By using the App, you acknowledge and understand that the accuracy and effectiveness of geofencing technology may vary based on various factors, including device limitations, network connectivity, and environmental conditions. You are solely responsible for configuring and managing Safe Zones and ensuring their accuracy.

4.5 Third-Party Services and Content

The App may allow you to access or use third-party services, applications, or content. Your use of such third-party services and content is subject to their respective terms and conditions. We do not endorse, control, or assume any responsibility for any third-party services or content accessed through the App, and your interactions with third-party providers are solely between you and the applicable third party.

5.1 Account Registration

In order to use certain features of the "elli cares" App, you may be required to create a user account. When creating your account, you agree to provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use or suspected breach of security.

5.2 Unauthorised Access

You understand and acknowledge that we will never ask you to disclose your password or any other sensitive account information through unsolicited communication. You agree to exercise caution and not provide your account information in response to any fraudulent or suspicious requests. If you believe that your account has been compromised or accessed without authorization, please notify us immediately.

5.3 Account Termination

You have the right to terminate your account at any time by following the instructions provided within the App. Upon termination, your access to the App and its features will be deactivated. Please note that the termination of your account does not relieve you of any obligations or liabilities incurred prior to the termination.

5.4 Account Suspension or Termination by us

We reserve the right to suspend or terminate your account, at our sole discretion and without prior notice, if we reasonably believe that you have violated this Agreement or engaged in any fraudulent, unauthorised, or unlawful activities. We shall not be liable to you or any third party for any damages, losses, or liabilities arising out of or related to the suspension or termination of your account.

6.1 Ownership

You acknowledge and agree that we are the sole and exclusive owner of all intellectual property rights in the "elli cares" App, including but not limited to trademarks, copyrights, trade secrets, patents, and any other proprietary rights. The App is protected by applicable intellectual property laws and international treaties.

6.2 App License

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable licence to download, install, and use the "elli cares" App for personal, non-commercial purposes. This licence does not grant you any rights to sell, distribute, modify, or create derivative works of the App.

6.3 User Content

By using the App, you retain ownership of any content you generate or upload ("User Content"). However, by submitting User Content through the App, you grant us a worldwide, royalty-free, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display the User Content in connection with the operation and improvement of the App.

6.4 Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been used or copied in a way that constitutes copyright infringement and is accessible through the App, please notify us using the details in section 14.

6.5 No Unauthorised Use

You agree not to use the App in any manner that would infringe or violate the intellectual property rights of us or any third party. You shall not reproduce, modify, distribute, display, perform, or use the App or any content therein except as expressly permitted under this Agreement.

7.1 Information collected by the app

We may collect certain information from users when they interact with the "elli cares" app. This may include personal information such as name, contact details, and demographic information. Additionally, the app may collect location information when the user enables location services for geofencing purposes.

7.2 Use, storage, and protection of user data

We will use the collected information to provide and improve the services offered by the "elli cares" app. This includes but is not limited to:

• Personalising the user experience
• Sending reminders and notifications
• Facilitating communication between users and their family members

We are committed to protecting the privacy and security of user data. We will implement reasonable technical and organisational measures to safeguard the collected information from unauthorised access, use, or disclosure.

7.3 Sharing of data with third parties, if applicable

In certain circumstances, we may need to share user data with trusted third-party service providers to assist us in delivering the app's functionalities. These providers may include cloud storage providers, communication service providers, and analytics platforms. We will ensure that any third-party service providers adhere to strict privacy and security standards to protect user data.

7.4 Privacy policy reference

For more detailed information on how we collect, use, disclose, and protect user data, please refer to our Privacy Policy. The Privacy Policy outlines our practices concerning data privacy and user rights.

By using the "elli cares" app, you acknowledge and consent to the collection, use, storage, and sharing of your data as described in this section and the accompanying Privacy Policy.

8.1 User-Generated Content Guidelines

As a user of the "elli cares" app, it is essential to adhere to the following guidelines when creating and sharing user-generated content:

• Respectful and Appropriate Content: Ensure that your content is respectful, appropriate, and in compliance with applicable laws and regulations. Do not post or share content that is offensive, discriminatory, defamatory, or infringes upon the rights of others.
• Privacy and Confidentiality: Safeguard the privacy and confidentiality of yourself and others. Do not share personal information or sensitive details that could compromise privacy or violate legal or ethical obligations.
• Compliance with Terms: Your user-generated content must comply with the terms of use, guidelines, and policies established by us

Any violation of these terms may result in the removal of your content and possible termination of your account.

8.2 Restrictions on Prohibited Content

The following types of content are strictly prohibited on the "elli cares" app:

• Illegal Activities: Content that promotes or facilitates illegal activities, including but not limited to illicit drug use, harassment, fraud, unauthorised access, or distribution of copyrighted materials.
• Harmful or Offensive Content: Content that is violent, sexually explicit, threatening, discriminatory, or promotes hate speech or harm to others.
• Misrepresentation: Content that impersonates or falsely represents oneself or others, including misrepresentation of affiliations or qualifications.
• Viruses or Malicious Code: Content that contains viruses, malware, or any other code designed to disrupt, damage, or interfere with the app's functionality or the devices of other users.

8.3 Communication from us

By subscribing to the "elli cares" app, you provide consent for us to send email and SMS communications to you regarding the use of the application, marketing for ourselves, or any related communications, with the option to unsubscribe.

These communications may include important updates, service notifications, promotional materials, or other relevant information. Rest assured that we will handle your personal information in accordance with our Privacy Policy.

If at any point you wish to unsubscribe from these communications, you can do so by following the instructions provided in the emails or SMS messages, or by contacting our support team.

8.4 Monitoring and Moderation of User Content

We reserve the right to monitor, review, and moderate user-generated content on the "elli cares" app. We may employ automated tools or manual review processes to ensure compliance with guidelines and policies.

While we strive to maintain a safe and inclusive environment, we cannot guarantee the monitoring or removal of all user-generated content that breaches this agreement.

We reserve the right to remove or modify user-generated content that violates the terms of use, guidelines, or policies. Repeated violations may result in the suspension or termination of the user's account.

9.1 Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis, without any warranties or representations, express or implied. We do not warrant that the app will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of accuracy, completeness, reliability, merchantability, fitness for a particular purpose, and non-infringement.

9.2 Limitation of Liability

In no event shall we or our directors, officers, employees, contractors or agents be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or in connection with the use of the "elli cares" app, even if advised of the possibility of such damages.

We shall not be liable for any conduct or content of third-party users or any unauthorised access to or use of your personal information.

The aggregate liability of us for any claims arising out of or related to the App shall not exceed the amount paid by you, if any, for accessing or using the app during the twelve (12) months preceding the claim.

9.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for incidental or consequential damages. Therefore, the above limitations and disclaimers may not apply to you to the extent prohibited by applicable law.

10.1 Conditions for Terminating the Agreement

Either party may terminate this agreement at any time and for any reason by providing written notice to the other party. The termination will be effective upon the date specified in the notice or, if no date is specified, immediately upon receipt of the notice.

We reserve the right to terminate or suspend your access to the "elli cares" app, in whole or in part, without prior notice if we reasonably believe that you have violated the terms of use, guidelines, or policies established by us. Such termination or suspension may result in the removal of your user account and access to the app.

10.2 User's Right to Terminate Their Account

As a user, you have the right to terminate your account with the "elli cares" app at any time. To do so, please contact our support team or follow the account closure instructions provided within the app.

Upon termination of your account, you will no longer have access to the app's features and functionalities. Your user-generated content and personal data associated with your account may be retained or deleted in accordance with our Privacy Policy, unless otherwise required by applicable laws.

10.3 Effect of Termination

Upon termination of this agreement or your account, all rights and licences granted to you under the terms of use will immediately cease, and you must promptly discontinue all use of the "elli cares" app.

Termination of this agreement or your account shall not relieve you of any obligations or liabilities accrued prior to termination, including any outstanding payment obligations, warranties, or indemnification obligations.

11.1 Dispute Resolution Mechanisms

In the event of any dispute or claim arising out of or relating to this agreement or the use of the "elli cares" app, the parties agree to first attempt to resolve the dispute through good faith negotiation.

If the parties are unable to reach a resolution through negotiation, they agree to explore alternative dispute resolution methods, such as mediation or arbitration, before resorting to litigation. The specific dispute resolution mechanism to be employed will be determined by mutual agreement or as required by applicable laws.

11.2 Choice of Jurisdiction and Governing Law

Any legal action or proceeding arising out of or relating to this agreement or the use of the "elli cares" app shall be brought exclusively in the courts of Victoria, Australia, unless otherwise required by applicable laws.

This agreement and its interpretation shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law principles.

11.3 Compliance with Applicable Laws

Users of the "elli cares" app are responsible for ensuring their compliance with all applicable laws and regulations in their jurisdiction. This includes but is not limited to privacy laws, data protection laws, and any other laws governing the use of mobile applications and user-generated content.

11.4 Severability

If any provision of this dispute resolution section is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

12.1 Right to Modify the Agreement

We reserve the right to modify, amend, or update these terms of use at any time, in its sole discretion. Changes to the terms of use may be made for various reasons, including but not limited to legal compliance, app enhancements, or business considerations.

Any modifications to the terms of use will be effective immediately upon posting the updated version on the "elli cares" app or providing notice through other means, such as email or push notification. By continuing to use the app after the modifications, you agree to be bound by the updated terms of use.

12.2 Notification of Changes

We will make reasonable efforts to notify you of any material changes to the terms of use. Such notification may be provided through prominent notices within the app or by sending an email to the email address associated with your account.

b. It is your responsibility to review the updated terms of use regularly. If you do not agree with the modifications, you should discontinue using the "elli cares" app and terminate your account.

12.3 Continued Use of the App

Your continued use of the "elli cares" app following the posting of the updated terms of use or receiving notice of the modifications indicates your acceptance of the revised terms.

b. If you disagree with any provisions of the updated terms of use, your only recourse is to discontinue using the app and terminate your account.

13.1 Severability Clause

If any provision of these terms of use is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the other provisions.

13.2 Entire Agreement Clause

These terms of use constitute the entire agreement between you and us regarding the use of the "elli cares" app and supersede all prior agreements, understandings, or representations, whether oral or written, concerning the subject matter herein.

13.3 Waiver Clause

The failure of either party to enforce any provision of these terms of use or to exercise any rights or remedies provided herein shall not be construed as a waiver of such provision, rights, or remedies, unless acknowledged and agreed to in writing by the waiving party.

13.4 Assignment

You may not assign or transfer any rights or obligations under these terms of use without the prior written consent of us. Any attempted assignment or transfer in violation of this provision shall be null and void.

13.5 Relationship of the Parties

Nothing in these terms of use shall be deemed to create a partnership, joint venture, agency, or employment relationship between you and us. You agree that you are an independent contractor responsible for your actions and compliance with applicable laws.

13.6 Survival

Any provisions of these terms of use that, by their nature, should survive termination or expiration of this agreement shall continue in full force and effect following the termination or expiration.

If you have any questions, concerns, or feedback regarding this Privacy Policy or our privacy practices, please contact us using the following information:

14.1 Contact Information

If you have any questions, concerns, or feedback regarding these terms of use or the "elli cares" app, please contact us using the following information:

Name: elli Organisation PTY LTD

Addressed to: The Founders

Email: hello@elliapp.co

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