Terms & Conditions

Introduction

Please read these Terms and Conditions (“Terms”, “Terms of Service”, “Terms of Use” or the “Agreement”) carefully before using the www.mymedicwatch.com website, the My Medic Watch Fall Alert Application, the My Medic Watch Epilepsy Application, or a user and/or caregiver dashboard or portal within the website or the applications (together, the “Services”, or individually: “Service”, “Website”, “Site” or “Platform”) operated by My Medic Watch Pty Ltd (“MMW,” “us”, “we” or “our”).
MMW provides two applications (the “Apps”) as specified above. The Apps may be available, in part or in whole, through a smartphone as a Mobile App or through a smartwatch as a Wearable App. The My Medic Watch Fall Alert Application may send one or more alerts to a caretaker or caregiver after a person falls to narrow the gap between a fall and alerting someone that can help (“MMW Fall app”). The My Medic Watch Epilepsy Application may send one or more alerts to caregivers after a person experiences convulsions or seizure-like movements (“MMW Seizure Alert app”). Healthcare professionals and caregivers may also use one or more of the Service(s) to monitor the general health of a user from a short-term and long-term perspective through, for example, a dashboard or portal. Such services may be accessed, in whole or in part, through the Website or one of the MMW Apps and are considered part of our Services. The Service(s) are intended to be used in conjunction with a smartwatch or smartphone and a smartwatch operating system or a smartphone operating system (such as the iOS, Android, etc.)
Your access to and use of the Service(s) are conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service(s).
The terms apply to all users of the website, including those who are simply navigating the website, or those who register an account. By using or accessing the website, you agree to be bound by the terms. If you do not agree to the terms, do not use the website or Service(s).
By accessing or using the Service(s) you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service(s) and you should exit the Service(s) immediately.

1. TERMS OF SERVICE

The My Medic Watch Pty Ltd Service(s) are copyrighted work belonging to My Medic Watch Pty Ltd. THE AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICE(S). THIS AGREEMENT IS ACCEPTED BY YOUR ACCESSING AND/OR USE OF THE SERVICE(S). YOU MAY NOT ACCESS AND/OR USE THE SERVICE(S) OR ACCEPT THE AGREEMENT IF YOU ARE NOT 18 YEARS OLD. BY ACCESSING AND/OR USING THE SERVICE(S), YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE SERVICE(S).

2. CERTAIN DISCLAIMERS

ALL INFORMATION CONTAINED ON THE SERVICE(S) (INCLUDING THE WEBSITE AND APPS, OR THE DASHBOARD OR PORTAL WITHIN THE WEBSITE OR APPS), INCLUDING MEDICAL INFORMATION, LOCATION INFORMATION, ALERTS SENT TO CAREGIVERS IS ONLY FOR CAREGIVER INFORMATION AND IS NOT TO BE PERCEIVED AS A COMMUNICATION ON YOUR BEHALF. MMW DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISTAKES IN THE OPERATION OF THE ALERT AS IT MAY PERTAIN TO YOUR HEALTH OR OVERALL WELLBEING. MMW ALSO DOES NOT ASSUME ANY LIABILITY DUE TO A FALL OR A SEIZURE, THE SERVICE IS SIMPLY PROVIDED TO ALERT YOUR DESIGNATED REPRESENTATIVES WHEN DETECTED, NOT TO GIVE SPECIFICS ON THE SEVERITY OF ANY SUCH ACCIDENT OR FALL.
IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, MMW DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICE(S) OR FOR ANY DOWNTIME IN THE OPERATION OF THE SERVICE(S).

3. SERVICE LICENSE AND INFORMATION

3.1. License. Subject to the terms of this Agreement, MMW grants you a limited, non-transferable, and non-exclusive license (without the right to sublicense) to (i) use the Service(s) solely for your personal, non-commercial purposes, and (ii) install and use the Apps, solely on your own compatible device (e.g., smartphone, tablet, smartwatch, or similar) and solely for your personal, non-commercial purposes.

3.2. Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service(s) (including the Website and Apps, but excluding any User Content) are owned by MMW. The provision of the Service(s) does not transfer to you or any third-party any rights, title or interest in or to such intellectual property. MMW and its suppliers reserve all rights not granted in this Agreement.

4. USER CONTENT

4.1. Users will create a user profile (“Profile”) with MMW and are expected to allow usage of their location when the app is in use. Location tracking is necessary to direct others to the location of an alert if necessary.

4.2. Users may choose to authorise a nominated doctor or other authorised healthcare professional to access and monitor their health information, including vital signs and other data collected through the Services, for the purpose of supporting their care. Such authorisation may be granted or withdrawn by the user, and the functionality of the service may vary depending on the authorisations granted by the User. The Services, including the MMW Fall app and MMW Seizure Alert app, are most effective when location data is enabled and the apps are able to monitor the user’s health and transmit relevant data as described in this Agreement and our Privacy Policy.

4.3. Please see our Privacy Policy for more information on how we treat your information. By downloading, installing, using, or providing information to or through the Service(s), you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

5. INTERRUPTION OF SERVICE

5.1. Your access and use of Service(s) may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service(s) or other actions that MMW, in its sole discretion, may elect to take. In no event will MMW be liable to any party for any loss, cost, harm, or damage that results from any scheduled or unscheduled downtime.

5.2. Your sole and exclusive remedy for any failure or non-performance of the Service(s), including any associated software or other materials supplied by MMW in connection with such services, shall be for MMW to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

6. APP STORES, THIRD-PARTY SITES & ADS; OTHER USERS

6.1. App Stores. You acknowledge and agree that the availability of the Service(s) may be dependent on the third-party from which you received the Apps from (e.g., the Apple iTunes store website, Google Play store website, etc. (“App Store”)). You acknowledge that this Agreement is between you and MMW and not with the App Store. MMW, not the App Store, is solely responsible for the Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Store. You acknowledge that the App Store (and its subsidiaries) is a third-party beneficiary of this Agreement and will have the right to enforce this Agreement.

6.2. The Service(s) might contain links to third-party websites and advertisements for third parties (collectively, “Third-Party Sites & Ads”). Such Third-Party Sites & Ads are not under the control of MMW and MMW is not responsible for any Third-Party Sites & Ads. MMW provides these Third-Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Sites & Ads. You use all Third-Party Sites & Ads at your own risk. When you navigate to a Third-Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.

6.3. YOU HEREBY RELEASE US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, ASSIGNEES AND SUCCESSORS FROM CLAIMS, DEMANDS, ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM ANY INTERACTIONS WITH OR CONDUCT OF ANY APP STORE, ANY SERVICE(S), ANY OTHER SERVICE USERS, OR ANY THIRD-PARTY SITES & ADS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

7. DISCLAIMERS

THE SERVICE(S) (INCLUDING, BUT NOT LIMITED TO, THE WEBSITE, APPS AND WEBSITE CONTENT) ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE (AND OUR SUPPLIERS, PARENTS, AFFILIATES, AND RELATED COMPANIES) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS, PARENTS, AFFILIATES, AND RELATED COMPANIES) MAKE NO WARRANTY THAT THE SERVICE(S) (INCLUDING THE WEBSITE, APPS, OR WEBSITE CONTENT): (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE (AND OUR SUPPLIERS, PARENTS, AFFILIATES, AND RELATED COMPANIES) MAKE NO WARRANTY REGARDING THE THIRD-PARTY SITES & ADS. PLEASE ALSO REVIEW THE SPECIFIC DISCLAIMERS IN SECTION 2.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. LIMITATION ON LIABILITY

8.1 IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD -PARTY FOR ANY LOST PROFIT, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE(S) (INCLUDING THE WEBSITE, MOBILE APP, OR WEBSITE CONTENT), OR THIRD -PARTY SITES & ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE(S) (INCLUDING THE WEBSITE, MOBILE APP, AND WEBSITE CONTENT), AND THIRD-PARTY SITES & ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, APPLE WATCH, ANDROID WATCH OR DEVICE, PEBBLE WATCH, OR ANY OTHER WATCH OR SMART DEVICE OR LOSS OF DATA RESULTING THEREFROM.

8.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MMW OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE(S) FOR ANY HARM, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY AND WRONGFUL DEATH, ARISING OUT OF YOUR USE OR REFUSAL TO USE ANY SERVICE(S), OR YOUR PURCHASE OF ANY SERVICE. WE ARE NOT RESPONSIBLE FOR ANY MISUSE OF THE APPS OR SERVICE(S), INCLUDING BUT NOT LIMITED TO A FAILURE TO CHARGE YOUR SMARTWATCH, IMPROPERLY SETTING UP ALERTS.

8.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICE(S) (INCLUDING THE WEBSITE, APPS, OR WEBSITE CONTENT), FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID MMW IN THE PRIOR 12 MONTHS (IF ANY).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. INDEMNITY

You agree to indemnify, defend, and hold harmless MMW, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, assigns, and representatives from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of any kind, including but not limited to costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (i) your use of the Service(s), (ii) your User Content, or (iii) your violation of this Agreement. MMW reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of MMW. MMW will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. TERM AND TERMINATION

Subject to this Section, this Agreement will remain in full force and effect while you use the Service(s). We may (a) suspend your rights to use the Service(s) (including your MMW Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Service(s) in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your MMW Account and right to access and use the Service(s) will terminate immediately. You understand that any termination of your MMW Account involves deletion of your User Content associated therewith from our live databases. MMW will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your MMW Account or deletion of your User Content.

11. GENERAL

11.1. Changes to the Terms of Service. We may revise this Agreement from time to time. If we make material changes, we will provide notice by email to the most recent email address you have provided (where applicable), by posting a prominent notice on our website or within the Services, or by another method permitted or required by applicable law. Unless otherwise stated, material changes will become effective thirty (30) calendar days after such notice is provided. Where required by applicable law, we may require you to affirmatively accept the revised Agreement before you continue using the Services. You are responsible for keeping your contact information, including your email address, current and accurate. Your continued use of the Services after the effective date of the revised Agreement, where permitted by applicable law, constitutes your acceptance of the revised Agreement.

11.2. Governing Law. This Agreement shall be governed by the laws of New South Wales, Australia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

11.3. Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid, illegal, or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MMW’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

11.4 Copyright/Trademark Information. Copyright © 2017, 2026 MMW. All rights reserved. All trademarks, logos and service marks displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.

11.5 Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE(S) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12. PHONE CALLS, SMS AND AUTOMATED EMAILS

MMW may attempt to initiate contact with your listed emergency contacts via phone call, or text message when you fail to deactivate a warning alarm. You agree to inform your selected emergency contacts before listing them as emergency contacts with MMW, so that your listed emergency contacts consent to being listed. Your emergency contacts may be charged by their phone service carriers for calls placed to them, or text messages sent to them, initiated by MMW. MMW will not charge your emergency contacts, but MMW shall not be responsible for any charges your emergency contacts incur from receiving phone calls or text messages initiated by MMW. In addition, MMW may provide free or fee-based service automated email services (at its sole discretion) in which MMW attempts to send an automated email to your listed emergency contacts if you fail to deactivate a warning alarm.

13. APP STORE NOTICES

The following additional terms and conditions apply to you if you are using one or more Apps from any other App Store or provider.

13.1. Acknowledgement: MMW and you acknowledge that this Agreement is concluded between MMW and you only, and not with the App Store. MMW, not the App Store, is solely responsible for the Mobile App and the content thereof. To the extent this Agreement provides for usage rules for the App that are less restrictive than the Usage Rules set forth for Apps in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting App Store term applies.

13.2. Scope of License: The license granted to you for the App is limited to a non-transferable license to use the Mobile App on an iPhone OS, Pebble OS, Android, or any other system on any smartwatch, smartphone, or product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

13.3. Maintenance and Support: MMW is solely responsible for providing any maintenance and support services with respect to the Apps, as specified in this Agreement, or as required under applicable law. MMW and you acknowledge that App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.

13.4. Warranty: MMW is solely responsible for any software product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify the operator of the App Store, and the operator of the App Store will refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, the operator of the App Store will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be MMW’s sole responsibility.

13.5. Product Claims: MMW and you acknowledge that MMW, not App Store, is responsible for addressing any claims of you or any third-party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit MMW’s liability to you beyond what is permitted by applicable law.

13.6. Intellectual Property Rights: MMW and you acknowledge that, in the event of any third-party caim that the App or your possession and use of that App infringes that third-party’s intellectual property rights, MMW, not the App Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

13.7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

13.8. Name and Address: My Medic Watch Pty Ltd
PO BOX 93 Coogee, NSW 2034 Australia
Any questions, complaints, or claims about this Agreement should be addressed to: hello@mymedicwatch.com.

13.9. Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the App.

13.10. Third-Party Beneficiary: MMW and you acknowledge and agree that the App Store, and the App Store‘s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, the App Store will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.