Terms of Service
Provider: [legal entity], [registered address], Ireland.
Contact: medtrix6@gmail.com.
Effective date: [to confirm].
For care-home customers, a Data Processing Agreement applies in addition to these Terms.
1. Agreement to these terms
By accessing the MedTrix website, apps, or device, or by placing a MedTrix order or subscription, you agree to these Terms. If you accept on behalf of an organisation (for example a care home), you confirm you are authorised to bind it. If you do not agree, do not use the service.
2. What MedTrix is, and is not (important, read this)
MedTrix is an AI-assisted monitoring service for elder care (fall detection and medication-intake verification), running on an on-device unit.
MedTrix is not:
- a medical device decision-maker or a diagnosis,
- a substitute for professional medical or nursing care,
- an emergency-response or alarm-receiving-centre service.
MedTrix assists human carers. It does not guarantee detection of every event, any particular accuracy, or any specific response time. You must always rely on appropriate professional, medical, and emergency services. Quoted performance figures (for example fall-alert latency or dose-verification accuracy) are targets and not warranties. [Confirm regulatory wording; device classification review, possibly EU MDR Class IIa, is pending.]
3. Eligibility, accounts, and consent to monitor
You must provide accurate information, keep your credentials secure, and be responsible for activity under your account. Before deploying monitoring you must have the necessary authority and the consent of the person being cared for (or their legal representative), and you must respect their dignity and privacy controls.
4. Customer types
- Care homes and organisations (B2B): governed by these Terms together with your order, any master services agreement, and a Data Processing Agreement where MedTrix acts as processor. [Link MSA / DPA.]
- Families and individuals (B2C): consumer-protection rights apply and are not affected by these Terms, including any statutory right to cancel within a cooling-off period. [Confirm consumer-rights and withdrawal terms.]
5. Acceptable use
Do not misuse the service, attempt to access it unlawfully, reverse engineer or copy it, interfere with its operation or security, or use it to monitor anyone without a lawful basis and appropriate consent.
6. Devices, installation, and hardware
Device supply, ownership or rental, warranty, installation, positioning, and calibration responsibilities are set out in your order. You are responsible for suitable power, network, and placement so the device can operate as intended. [Device, warranty, and installation terms to confirm.]
7. Subscriptions, fees, and billing
Plans, prices, billing cycle, taxes, renewal, and cancellation are as stated in your order or on the pricing page. [For example care-home deployment fee plus monthly subscription; family setup plus monthly or annual plan.] Late or failed payment may lead to suspension per your order.
8. Service availability and reliability
We aim for reliable service but do not warrant that it will be uninterrupted or error-free. On-device detection continues during connectivity loss and syncs when the connection returns; however, alerts depend on factors outside our control, including power, network, device condition, and correct setup. Any service-level commitment for care-home customers will be in the order or MSA. [Confirm any SLA.]
9. Data protection
Our handling of personal data is described in the Privacy Policy. For care-home deployments where MedTrix acts as a processor, a Data Processing Agreement governs that processing and forms part of the contract.
10. Intellectual property and licence
MedTrix and its software, models, content, and brand are owned by [entity / licensors]. We grant you a limited, non-exclusive, non-transferable right to use the service in accordance with these Terms. You retain rights in your own content and grant us only the rights needed to provide the service.
11. Your responsibilities and indemnity
You are responsible for lawful deployment, obtaining required consents, and your users' compliance with these Terms. [Indemnity scope to be drafted by counsel, proportionate and mutual where appropriate.]
12. Disclaimers and limitation of liability
To the maximum extent permitted by law, the service is provided "as is" and "as available", and implied warranties are excluded. Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, or for fraud. Subject to that, MedTrix's aggregate liability is limited as set out here. [Counsel to draft caps carefully given the safety context, and to ensure consumer rights are preserved for B2C.]
13. Suspension and termination
Either party may terminate as set out in the order or for material breach. We may suspend the service for security, legal, or non-payment reasons. On termination, access ends and personal data is handled per the Privacy Policy and the DPA, including export or deletion as applicable.
14. Changes to the service or terms
We may update the service and these Terms. We will give notice of material changes; continued use after they take effect means you accept them. [Define notice method.]
15. Governing law and disputes
These Terms are governed by the laws of Ireland, and the Irish courts have jurisdiction, without affecting any mandatory consumer protections available to B2C users in their country of residence. [Confirm.]
16. Contact
medtrix6@gmail.com (interim), [registered address].
