By using the Services, either in connection with a paid subscription or on any trial or other no-fee basis, you are agreeing that your use of the Services will be governed by these Terms. If you do not agree to the Terms, then you are not authorized to use the Services.
1. SCOPE OF SERVICES. The Services consist of two components. The first part of the Services is GeriJoy’s provision of hosted technology which allows you and your authorized users to (a) access and interact with the GeriJoy virtual pet avatar (the “Companion”) and (b) to upload and download data, photos, communications and other materials to and from the GeriJoy website and your personal GeriJoy family portal on the GeriJoy site (the “Family Portal”). The second part of the Services is GeriJoy’s provision of services by human “Helpers” who will support your and your authorized users’ interaction with the Companion and your and their use of the Services more generally. Helper Services may be limited to 30 minutes per day at GeriJoy’s sole discretion. Each day, when an accumulated total of 30 minutes of Helper Services have been recorded, the Companion may enter an intuitively non-conversational mode. For example, the virtual representation of the Companion may move to a more distant location in its environment and may appear to be preoccupied with another activity, such as sleep.
The Services may be accessed by you and those persons to whom you provide authorization. However, interaction with the Companion will be limited primarily to one person (the “Owner”) designated by you in your Family Portal Edit Profile form. You may be the Owner or you may designate a third party as the Owner.
THE SERVICES, INCLUDING ALL THOSE PROVIDED THROUGH THE COMPANION AND THE FAMILY PORTAL, ARE FOR ENTERTAINMENT PURPOSES ONLY.
CONVERSATIONS WITH THE COMPANION ARE NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. GERIJOY DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. INFORMATION THAT YOU OBTAIN THROUGH GERIJOY’S SERVICES, INCLUDING THROUGH THE GERIJOY ‘CORE PROGRAM,’ SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE OR DIAGNOSIS, AND MEDICAL DIAGNOSES AND TREATMENTS SHOULD ONLY BE ADMINISTERED UPON DIRECTION BY A TRAINED CLINICIAN. YOU OR OWNER MAY CHOOSE TO PROVIDE EMERGENCY CONTACT INFORMATION TO GERIJOY, IN WHICH CASE THIS INFORMATION MAY BE MADE AVAILABLE TO HELPERS FOR POSSIBLE USE IN THE EVENT OF AN EMERGENCY, BUT GERIJOY DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY IN THE EVENT OF ANY MEDICAL OR OTHER EMERGENCY. YOU AND OWNER ARE EXPRESSLY ADVISED TO TREAT THE COMPANION AS A SOURCE OF ENTERTAINMENT ONLY, NOT AS A MEANS OF SUPERVISION OR EMERGENCY RESPONSE.
2. DELIVERY. The Services are supported by certain proprietary software developed by GeriJoy (the “Software”). Depending upon the category of Services you subscribe to, as described to you prior to your completion of the Setup Form, we may be delivering the Software to you via electronic download or as installed on certain equipment we will deliver to you. If we are not delivering equipment installed with the Software, then it is your responsibility to download and install the Software in order to access and use the Services. GeriJoy will provide you with remote support to install the Software, but is not responsible for your accurate or effective installation of the same.
3. GRANT OF AUTHORITY. Provided that you accept and comply with the Terms, GeriJoy hereby grants you a limited, non-transferable right, during the subscription term, to access and use the Services directly and through individuals authorized by you (including the Owner, the “Authorized Users”) solely for the benefit of the Owner. Access to the Services is provided on a ‘named user’ password-protected basis. You are solely responsible for:
You are also responsible for any use or misuse of the Services through individuals using Authorized User names or passwords.
GeriJoy shall use commercially reasonable efforts to store Data on the GeriJoy site during the term of your subscription. However, you understand, acknowledge and agree that GeriJoy shall have no liability to you, the Owner, an Authorized User or any third party claiming through you or any of the foregoing for any loss or damage to Data uploaded to the GeriJoy site or any breach of security of the site which may expose Data or Streaming Data (as defined below) to third parties.
4. RESTRICTIONS ON USE. Neither you nor your Authorized Users may:
5. PERSONAL INFORMATION. As between you and GeriJoy, any Data you or your Authorized Users upload through the Services remains solely and exclusively yours. In addition, you understand and acknowledge that provision of the Services is interactive and may include online streaming of audiovisual data between the GeriJoy site and you or an Authorized User (including interchanges between Owner and Helpers and comments uploaded by Helpers, “Streaming Data”) which is received, processed and stored by GeriJoy. During the term of the Services, you hereby grant GeriJoy the right to access, store and use such Data and Streaming Data for purposes of providing the Services, including, without limitation, to support the Companion’s interaction with the Owner. Examples of such use include, without limitation, the following:
Any information provided through GeriJoy, including by or through Helpers, is strictly for enhancing the entertainment value of the Services and should not be relied upon for medical or other purposes. Data and Streaming Data may be stored by GeriJoy for such period of time following your subscription term as GeriJoy deems reasonably required for its business purpose.
GeriJoy may derive certain non-identifiable data (“Anonymous Data”), such as usage statistics, which it may use for its own operational, marketing or other purposes. Such Anonymous Data shall be the property of GeriJoy, and shall not include any of your personal Data or Streaming Data.
6. SUBSCRIPTION TERM. Your acceptance of these terms and your subscription shall commence on the first day in which you submit payment or begin using the Services, whichever comes first, and shall continue for the subscription term as detailed upon payment. Please note that GeriJoy reserves the right at any time, with or without prior notice to you and without any liability to you or anyone claiming through you, to suspend or terminate your access based on (a) a breach of these Terms by you or an Authorized User, including a failure by you to be current in your payments for the Services, (b) a security threat or breach, (c) due to force majeure conditions or events, or (d) for site and system maintenance. GeriJoy may also, in its sole discretion, terminate your subscription term at any time without prior notice or liability to you or anyone claiming through you; provided, however, that if you have prepaid for a defined subscription term and such termination by GeriJoy occurs prior to the expiration of such term, then GeriJoy shall refund to you that portion of your prepaid usage fee as reflects the unused portion of your subscription term as of the date of termination.
7. LIMITED WARRANTY; WARRANTY DISCLAIMER.
Third Party Equipment. Any third party hardware or software which may be provided to you by GeriJoy is subject to the third party manufacturer’s or licensor’s applicable warranty, if any. GERIJOY MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THIRD PARTY HARDWARE OR SOFTWARE. ANY CLAIM YOU MAY HAVE WITH RESPECT TO ANY SUCH THIRD PARTY HARDWARE OR SOFTWARE SHOULD BE MADE TO THE RESPECTIVE THIRD PARTY MANUFACTURER OR LICENSOR, AS APPLICABLE, AND YOU HEREBY RELEASE GERIJOY FROM ANY SUCH CLAIMS OR LIABILITY WITH RESPECT TO SUCH HARDWARE OR SOFTWARE.
Helpers. GeriJoy uses reasonable care in selecting and maintaining Helpers who are
Additionally, upon completion of training, all Helpers must pass an international background check, with zero criminal records found, prior to assignment of long-term work. All Helpers are bound by written agreements with confidentiality clauses that forbid them from disclosing to any third parties any information obtained through their service as a Helper outside of (a) disclosures made to you or Your Authorized Users with respect to your Data and Streaming Data, (b) disclosures made within GeriJoy, including to other Helpers, in support of the Services, (c) as may be required by law or regulation, or (d) for security purposes. Helpers generally do not have training as physicians, counselors, or any other form of licensed health professional.
WARRANTY DISCLAIMER. SUBJECT TO THE FOREGOING, YOU UNDERSTAND AND ACCEPT THAT THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AND THAT GERIJOY EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, W ITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND WARRANTIES IMPLIED THROUGH COURSE OF CUSTOM OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, GERIJOY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SOFTWARE OR ACCESS TO EITHER WILL BE PROVIDED SECURELY, ERROR FREE OR WITHOUT INTERRUPTION, OR THAT THE SERVICES WILL MEET YOUR OR THE OWNER’S EXPECTATIONS OR NEEDS.
YOU FURTHER UNDERSTAND AND ACCEPT THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, YOU MUST DETERMINE WHETHER THE SERVICES MEET YOUR REQUIREMENTS FOR SECURITY, PERFORMANCE, RELIABILITY, ACCURACY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS, DAMAGES OR OTHER LIABILITY INCURRED BY YOU, OWNER, AN AUTHORIZED USER OR ANY OTHER PARTY DUE TO FAILURE OF THE SERVICES TO PERFORM SECURELY, WITHOUT ERROR AND WITHOUT INTERRUPTION OR TO OTHERWISE MEET YOUR OR THEIR EXPECTATIONS OR REQUIREMENTS. FOR AVOIDANCE OF DOUBT, GERIJOY SHALL HAVE NO LIABILITY FOR DAMAGES, AND YOU HEREBY WAIVE ON BEHALF OF YOURSELF AND YOUR AUTHORIZED USERS ANY CLAIMS AGAINST GERIJOY, IN EITHER CASE ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR CONTENT OF THE SERVICES OR SOFTWARE OTHER THAN CLAIMS DIRECTLY ATTRIBUTABLE TO THE WILLFUL WRONGDOING OF GERIJOY.
8. OWNERSHIP. All rights, title and interest in and to the Services, the Software, proprietary technology and other materials used or provided by GeriJoy in connection with the provision of the Services to you, including all design, graphics and content provided by GeriJoy in connection therewith and all updates, modifications and extensions thereto, are and shall remain solely and exclusively with GeriJoy and its licensors or vendors. Other than the express and limited rights of usage set forth in these Terms, no transfer of title, interest or rights in any property, including intellectual property, shall be inferred through the provision by GeriJoy of the Services or any hardware, software or other materials provided in connection with the same.
GeriJoy also maintains ownership and title to all hardware and all of its proprietary data and software stored on any electronic hardware such as tablets, even if the hardware has been shipped to you. If you receive any hardware without having paid for the Services, you agree that upon request by GeriJoy, you will promptly return the hardware to GeriJoy according to GeriJoy’s instructions.
Hardware Guarantee. If there is ever an unintentional significant defect or damage to any of the hardware or any of the installed software provided to you by GeriJoy that prevents normal use of the Services, you may request to return the hardware to GeriJoy by emailing email@example.com with a description of the defect. Upon instruction by GeriJoy, you may ship the hardware back to GeriJoy for replacement, with shipping costs borne by yourself. Upon receipt of the complete hardware, GeriJoy will ship you complimentary replacement hardware, with shipping costs borne by GeriJoy. This guarantee applies to manufacturer defects, software errors, wear-and-tear, and damage that may unintentionally occur to the hardware during normal use. It does not cover intentional or grossly negligent damage, as determined by GeriJoy, and it does not cover loss or theft.
9. PAYMENT & REFUNDS. Pricing and refund policies for your subscription package are described to you prior to the completion of your Setup Form. Payments shall be made in advance of the period of Service. Delinquent payments may, at the sole discretion of GeriJoy, result in termination of Service.
Service Guarantee. You may terminate your subscription at any time by notifying GeriJoy at firstname.lastname@example.org. Upon instruction by GeriJoy, you may ship the hardware back to GeriJoy, with shipping costs borne by yourself. If you were on a monthly billing cycle, upon receipt of the complete hardware by GeriJoy within 14 days of the the date of termination, GeriJoy will refund to you your payment for the billing month that includes the date of termination. If you were on an annual or greater than 1-month billing cycle, upon receipt of the complete hardware by GeriJoy within 14 days of the the date of termination, GeriJoy will refund to you that portion of your prepaid usage fee as reflects the unused portion of your subscription term as of the date of termination. If you were on an annual or greater than 1-month billing cycle and GeriJoy does not receive the complete hardware within 14 days of the date of termination, GeriJoy will refund to you that portion of your prepaid usage fee as reflects the unused portion of your subscription term as of the date of termination, minus the pro rata equivalent of two month’s usage fees.
11. LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GERIJOY, ITS OFFICERS, EMPLOYEES, INVESTORS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LAW, EQUITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR (A) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, (INCLUDING LOSS OF USE OR DATA) EVEN IF WARNED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IN EXCESS OF THE GREATER OF US$20 OR THE FEES PAID BY YOU TO GERIJOY FOR SERVICES RENDERED DURING THE THREE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
12. ARBITRATION. Any controversies or disputes arising out of or relating to these Terms that cannot be first resolved by the good faith efforts of you and GeriJoy shall be resolved exclusively and confidentially by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA) according to its then current streamlined commercial rules of arbitration or such other rules as may be agreed upon by you and GeriJoy; provided, however, that GeriJoy reserves the right to seek immediate injunctive relief in any court located in the Commonwealth of Massachusetts for security purposes relating to the Services or to protect its intellectual property rights and you hereby voluntarily agree to the personal jurisdiction and venue of such courts for such purposes. The arbitration shall be conducted by a single arbitrator, to be chosen jointly by the parties, or if the parties are unable to agree upon the same, then the arbitrator shall be chosen by the AAA pursuant to their rules for the same. The arbitrator may proceed to an award notwithstanding the failure of either party to participate in the proceedings. The arbitrator shall be authorized to grant interim relief, including to prevent the destruction of goods or documents involved in the dispute, protect trade secrets and provide for security for a prospective monetary award. In no event shall punitive damages (including without limitation multiple damages) be assessed against either party. In addition, the arbitrator shall be bound by and cannot (a) award damages in excess of the limits on liability set forth in these Terms, or (b) provide remedies in addition to those that these Terms expressly states shall be exclusive. The arbitration award shall be binding on both parties and shall remain confidential unless disclosure is required to enforce the same. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. Any arbitration proceeding shall be held in Boston, Massachusetts. The costs of the arbitration shall be divided evenly between the parties but otherwise each party shall bear its own costs.
13. NOTICES. All notices required or permitted under these Terms shall be in writing and shall be sent by hand, overnight courier or by facsimile (in each case with confirmation of delivery) and delivered, in the case of GeriJoy, to the address on the GeriJoy website, and to you, at the billing address you enter during submission of your payment information. Notices shall be deemed delivered on the date of delivery, if delivery occurs within normal business hours or on the next business day if delivery occurs outside of normal business hours.
14. GENERAL LEGAL TERMS. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of its conflicts of laws principles, and constitute the entire understanding between the parties, superseding any and all prior discussions, representations, understandings, or agreements, whether oral or in writing, between the parties with respect to the subject matter covered hereunder. A waiver shall only be effective if expressed in writing by the party granting such waiver and shall not be construed as a waiver of future performance of any such term. If any provision of these Terms shall be held by a court of law of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect and, to the extent allowed and practicable, the unenforceable provision shall be modified so as to be enforceable consistent with its original intent and economic effect. The headings used in these Terms are for convenience only and shall not affect the interpretation of the provisions of these Terms. The word “including” shall be construed non-exclusively, to mean “including but not limited to.” These Terms represent an agreement between you and GeriJoy. There are no third party beneficiaries to the agreement reflected in these Terms.
15. AMENDMENT. These Terms may not be amended during any current subscription term without the prior written agreement of you and GeriJoy. However, GeriJoy may revise these Terms, at its sole discretion, at any time with respect to any extension or renewal of a subscription term. The Terms applicable to your subscription will be those posted on the GeriJoy site on the start or renewal date of your subscription. By subscribing to an extension to or renewal of the Service subscription term after your initial subscription, or by failing to cancel an automatically renewing subscription prior to its renewal date, you are agreeing to be bound by the Terms in effect as of the extension or renewal date.
16. QUESTIONS. If you have any questions with respect to the Services or the Terms, please do not hesitate to contact us at email@example.com.