Terms & Conditions
MYMEDBOT BETA TESTER AGREEMENT
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE MYMEDBOT BETA TESTER AGREEMENT CAREFULLY. BY SELECTING THE “ACCEPT BUTTON” YOU (1) ACKNOWLEDGE THAT YOU ARE 13 YEARS OF AGE OR OLDER, AND IF YOU ARE LESS THAN 18 YEARS OF AGE, YOU HAVE OBTAINED CONSENT FROM YOUR PARENT OR GUARDIAN; AND (2) YOU HAVE READ, UNDERSTOOD AND ACCEPTED TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE “DECLINE” BUTTON AND YOU WILL NOT BE ELIGIBLE TO PARTICIPATE IN THE MYMEDBOT BETA TESTER AGREEMENT.
“Agreement” means this MyMedBot Beta-tester agreement.
“BETA-App” means the beta version of the MyMedBot App which is a mobile alert application that assist Tester to set up a safety net of helpful individuals, who may be able to assist Tester in case of need and communicate with them via the BETA-App.
“Documentation” means the printed or online written reference material furnished to Tester in or with the BETA-App.
“Intellectual Property Rights” means any intellectual property of any description including without limitation, patents, trademarks, design rights, copyrights, database rights, source code, data, databases, knowhow and applications for, and the right to apply for any of the foregoing items, with any similar right recognised from time to time in any jurisdiction, together with all rights of actions in relation to the infringement of any of the above.
“MyMedBot” means MyMedBot SARL, a société à responsabilité limitée, governed by the laws of the Grand Duchy of Luxembourg, having its registered office at 18 Beim Fussebur, L- 5364 Schrassig and registered with the Luxembourg Registre de Commerce et des Sociétés under number B222512.
“Tester” or “You(r)” means any user of the BETA-App.
2. BETA DISCLAIMER
THE BETA-APP HEREUNDER IS STILL IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. TESTER IS ADVISED TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA-APP AND/OR ACCOMPANYING DOCUMENTATION.
The BETA-App assists Tester to set up a safety net of helpful individuals, who may be able to assist Tester in case of need and communicate with them via the BETA-App.
However, the BETA-App is not intended to substitute for emergency services such as help provided by the 112 medical emergency services (Les Services de Secours) and where a situation might require emergency services, You should immediately contact those services.
3. DESCRIPTION OF THE BETA-APP
The BETA-App can be used on smartphones running on Android or iOS, by any Tester being 13 years of age or older. If Tester is less than 18 years of age, Tester must have obtained consent from its parent or guardian.
[The BETA-App assists Tester to set up a safety net of helpful individuals, who may be able to assist Tester in case of need and communicate with them via the BETA-App. ]
4. LICENSE AND ACCEPTABLE USE
MyMedBot is the owner and the holder of all the Intellectual Property Rights to the BETAApp. The BETA-App is, and shall at all times remain the exclusive property of MyMedBot. Materials derived from the BETA-App may not be used by Tester, unless MyMedBot grants permission or it is permitted by law.
These conditions do not give Tester the right to use any of the trademarks connected with the BETA-App.
MyMedBot, as licensor, grants and Tester accepts a restricted, non-exclusive, non-transferable, revocable and unpaid license to use the BETA-App, solely for testing and evaluation purposes, in accordance with this Agreement.
Subject to this Agreement, You certify that the BETA-App will only be used for testing and evaluation purposes in connection with the BETA-App, and will not be rented, sold, leased, sub-licensed, assigned, distributed or otherwise transferred.
This license does not grant You the right to use the BETA-App for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works of the BETA-App. You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of the BETA-App (except as and only to the extent the foregoing restrictions are prohibited by applicable law, or to the extent as may be permitted by licensing terms governing use of open-source components included in the BETA-App).
MyMedBot reserves the right to modify or update the BETA-App at any time, to provide a new version thereof, and to change the functionalities and characteristics of the BETA-App without prior notification to Tester.
5. COPYRIGHT AND OWNERSHIP
MyMedBot retains ownership of the BETA-App and the title of the BETA-App and all copies thereof remain with MyMedBot.
The MyMedBot BETA-App is copyrighted to MyMedBot. Tester agrees to prevent any unauthorised copying of the BETA-App. MyMedBot does not grant any express or implied right to Tester under MyMedBot’s Intellectual Property Rights or trade secret information.
6. DISCLAIMERS AND WARRANTIES
The BETA-App is provided “as is” and “as available” without warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, suitability, usability or fitness for any particular purpose, performance, durability, availability, timeliness, accuracy or completeness, title or non-infringement of third party rights, all of which are hereby disclaimed by MyMedBot to the maximum extent permitted by law.
Without limitation to the foregoing, MyMedBot expressly does not warrant that the BETA-App will meet Tester’s requirements or that the operation of the BETA-App will be uninterrupted or error-free.
Any download and use of this BETA-App is done at Tester’s own risk and Tester will be solely responsible for any damages or injuries. It is therefore up to Tester to take adequate precaution against possible damages or injuries resulting from the use of the BETA-App.
In particular, MyMedBot is not liable for any medical or other situation that might occur as the result of problems with the BETA-App and/or services, responsiveness of responders or any other circumstance which delays Your receiving assistance of any kind.
During the use of the BETA-App, MyMedBot is not obligated to provide You with any maintenance, technical or other support for the BETA-App.
You acknowledge that MyMedBot has no express or implied obligation to announce or make available a commercial version of the BETA-App to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the BETA-App licensed hereunder.
7. LIMITATION ON LIABILITY
In no event shall MyMedBot be liable for any losses, liabilities, injuries, damages, costs, expenses or claims arising out of or in connection with the use of or inability to use the BETAApp, to the maximum extent permitted by law.
8. TERM AND TERMINATION
Unless otherwise terminated as specified under this Agreement, Tester’s rights with respect to the BETA-App will terminate upon the earlier of (a) the initial commercial release by MyMedBot of a generally available version of the BETA-App or (b) upon a two weeks notice of termination being given by MyMedBot to Tester by a push-up notification in the BETA-App.
You may terminate this Agreement at any time for any reason or no reason and Your use of the BETA-App by deleting it from Your phone.
MyMedBot may terminate this Agreement immediately if Tester does not comply with the provisions of this Agreement.
MyMedBot may also terminate this Agreement in case of suspension or discontinuation of the BETA-App, by notifying You at least 24 hours in advance.
Upon any expiration or termination of this Agreement, the rights and licenses granted to Tester under this Agreement shall immediately terminate, and Tester shall immediately cease using, and will return to MyMedBot, or uninstall, as the case may be (or, at MyMed- Bot’s request, destroy), the BETA-App, Documentation, and all other tangible items in Tester’s possession or control that are proprietary to MyMedBot.
The rights and obligations of MyMedBot and Tester set forth in clause 1, 2, 4, 5, 6, 7, 8, 10, 11, 14 and 17 shall survive termination or expiration of this Agreement for any reason.
Tester will provide reasonable feedback to MyMedBot concerning the features and functionality of the BETA-App. If Tester provides feedback to MyMedBot, all such feedback will be the sole and exclusive property of MyMedBot. Tester hereby agrees to irrevocably assign and transfer to MyMedBot all of Tester's right, title, and interest in and to all feedback including all Intellectual Property Rights therein. Tester will not earn or acquire any rights or licenses in the BETA-App or in any MyMedBot’s Intellectual Property Rights on account of this Agreement or Tester's performance under this Agreement, even if MyMedBot incorporates any feedback into the BETA-App.
Tester will not disclose the BETA-App or any comments regarding the BETA-App to any third party without the prior written approval of MyMedBot. Tester will maintain the confidentiality of the BETA-App with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances.
Tester will not be liable for the disclosure of any confidential information which is:
(i) in the public domain other than by a breach of this Agreement on Tester’s part;
(ii) rightfully received from a third party without any obligation of confidentiality; or
(iii) rightfully known to Tester without any limitation on use or disclosure prior to its receipt from MyMedBot; or
(iv) generally made available to third parties by MyMedBot without restriction on disclosure.
13. ENTIRE AGREEMENT – AMENDMENTS
This Agreement contains the entire understanding of the parties hereto with respect to the subject matter contained herein, supersedes and cancels all prior agreements with respect hereto and may be amended only by a written instrument executed by the parties or their respective successors or assigns.
A notice of new terms to the BETA-App from MyMedBot and Your selection of the “accept button” shall constitute a written instrument executed by the parties.
The section and clause headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
14. REMEDIES AND WAIVER
No failure or delay to exercise any right or remedy under this Agreement, will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or future exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law or otherwise.
You agree to indemnify, defend and hold MyMedBot, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from (i) your acts and omissions to act in using the BETA-App pursuant to the terms of this Agreement or (ii) your breach of this Agreement.
16. ASSIGNMENT AND TRANSFER
Tester may not assign its rights and obligations under this Agreement without prior written consent of MyMedBot.
MyMedBot may assign its rights and obligations under this Agreement. In case of assignment by MyMedBot of any of its rights or obligations under this Agreement, it shall notify Tester in writing of any such assignment.
This Agreement will be binding for Tester and for MyMedBot and for their respective successors and beneficiaries.
If any of the provisions of this Agreement is held invalid or unenforceable, and unless the invalidity or unenforceability thereof does substantial violence to the underlying intent and sense of the remainder of this Agreement, such invalidity or unenforceability shall not affect in any way the validity or enforceability of any other provisions of this Agreement, except the invalidated or unenforceable provision. In the event any provision is held invalid or unenforceable, the parties shall attempt to agree on a valid and enforceable provision which shall be a reasonable substitute for such invalid or unenforceable provision in the light of the content of this Agreement and, on so agreeing, shall incorporate such substitute provision in this Agreement.
18. JURISDICTION AND GOVERNING LAW
This Agreement and any non-contractual obligations arising out of or in connection with it are subject to the laws of the Grand Duchy of Luxembourg and any dispute (including a dispute relating to any non-contractual obligations) will be subject to the exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg.