Terms of Services
Terms of Services
Definitions
We offer three services, “Deva World” and “MentiaCompanion” and “CarePlay”. “Deva World” and “MentiaCompanion” are used directly by a person living with dementia (“Player”), with oversight by formal and informal care givers (“User”, “you”), including a person who is legally responsible for the player (“Designated Person”). Each Player has a group of Users attached to them (“Care Circle”), such as a family member or an approved person from a care organization. A User may also be an administrator, who manages the care circle, subscriptions and join-ups (“Admin”). The Admin is responsible for creating and filling out a Player’s profile, and can invite other Users to do this on their behalf. “CarePlay”, a training product, is purely for Users.
By accessing any of our dashboard, or by using any of our app, you agree to be bound by the Terms of Use. If you are using the App and Dashboard on behalf of an organization or entity (“Organization”), then you are agreeing to Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.
Intellectual property
The Apps and their original content, features, and functionality are owned by Mentia Health, and are protected by international copyright, trademark, trade secret and other intellectual property and proprietary rights laws. The Apps are created and owned by Mentia Health, including scenes, characters, orders of scenes, original audio, soundscape, visual effects visual design, and web-based dashboard. Intellectual property rights (registered or unregistered) belong to Mentia Health.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Apps, or access to the Apps, or any contact on the Site through which the App is provided. These acts are contrary to the Terms that you have agreed to by fact of your registering on our Dashboard. Nothing in the Terms of Use grants you a right or a license to use any trademark, design right or copyright owned or controlled by Mentia Health, except as expressly provided in the Terms.
Distribution of the App is solely at the discretion of Mentia Health. Unauthorized distribution is treated as theft and will be handled under the legal code within the jurisdiction of the State of California, USA. Reverse engineering, decompiling, decoding, decrypting, disassembling, or in any way deriving source code from, the dashboard and the Apps is strictly forbidden under applicable law. In the event of a potential, suspected or actual breach, legal action will be enacted swiftly.
Uploading content
To enhance your Player’s experience, some areas of the Dashboards of either MentiaCompanion or DevaWorld allow you to upload or post or share content, such as but not limited to pictures, text, documents, videos, audio (“Content”). You retain all rights, title, and interest in these or other Content of any type that you upload, submit or otherwise transmit to or through the Dashboards and the Apps. There are many things that authenticated members of the Player’s care circle (“Users”), and with whom you share the Dashboard and the App may do with Content, for example, they may change the order in which Content appears in the App, modify it, take screenshots of it, or remove it. Mentia takes no responsibility for the modification of Content, additional Content, or removal of Content or any other activity regarding Content. Users are responsible for the Content, and its management, and Mentia will make no claims in this regard. However, Mentia. may collect, store, and transmit Content in order to deliver a high-quality play experience. Please consider carefully what you choose to share.
When you upload content to any of the Apps, via the Dashboard, you represent and warrant that:
- you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to enjoy use of the content;
- the content you upload will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or rights of privacy or publicity;
- your use of the App will comply with all applicable law, rules and regulations;
- the content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; and
- the content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information.
Mentia Health reserves the right to review and, if in its sole discretion deems necessary, remove any content from the application and/or cancel your account, because that content breaches your agreement with us and/or any applicable laws, or otherwise. You agree to indemnify Mentia in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.
