Terms of Use

Introduction

This Agreement is entered into between you (an individual, or a legal entity you are authorized to represent) and MemTrax LLC, a company governed under the laws of the State of Delaware, USA. You must read, agree to, and accept all of these terms to use our website (the "Site"), the MemTrax memory screening test (the "MemTrax Test"), and related services.

The MemTrax Test is a memory screening tool that assists in detecting short-term and learning memory changes, particularly the kind associated with aging — such as Mild Cognitive Impairment (MCI), dementia, and Alzheimer's disease. The Site and the MemTrax Test are copyrighted works owned and operated exclusively by MemTrax.

By accessing or using the Site or the MemTrax Test, you (i) acknowledge that you have read and agree to be bound by this Agreement, and (ii) represent that you are 18 years of age or older. If you do not agree with any provision of this Agreement, do not use the Site or the MemTrax Test.

We may modify this Agreement at any time by posting a notice on the Site or emailing you. You are responsible for reviewing any changes. Your continued use of the Site or the MemTrax Test after a change takes effect constitutes acceptance of the modified Agreement.

License & restrictions

License

Subject to these terms, MemTrax grants you a worldwide, non-transferable, non-exclusive license to use the Site and the MemTrax Test (the "License").

Restrictions

The License is subject to the following restrictions. You shall not:

• license, sell, rent, lease, transfer, assign, distribute, or host the MemTrax Test or the Site;
• modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the MemTrax Test or the Site;
• access the MemTrax Test or the Site in order to build a similar or competitive service;
• copy, reproduce, distribute, republish, download, display, post, or transmit any part of the MemTrax Test or the Site in any form, except as expressly permitted here; or
• remove or destroy any copyright notices or proprietary markings on the Site or the MemTrax Test.

Any future release, update, or addition to the MemTrax Test or the Site is subject to this Agreement.

Modification of the service

We may modify, suspend, or discontinue the Site or the MemTrax Test, in whole or in part, at any time, with or without notice. We will not be liable to you or any third party for doing so.

Ownership

We and our licensors own all right, title, and interest — including all intellectual property rights — in the MemTrax Test and the Site. Your right to use them is licensed, not sold; this Agreement conveys no ownership rights to you. Our name, logo, and associated marks belong to us, and no license to use them is granted by implication, estoppel, or otherwise. We reserve all rights not expressly granted here.

Your account

You may browse the Site and take the MemTrax Test without an account. To record your results, you must register for an account and provide the information requested in the registration form. You represent and warrant that (a) all registration information you submit is truthful and accurate, (b) you will keep it accurate, and (c) your use of the Site and the MemTrax Test does not violate any applicable law.

You are responsible for maintaining the confidentiality and security of your login credentials and for all activity under your account. Do not disclose your password to anyone. We are not liable for any loss arising from your failure to protect your credentials. You agree that our account security procedures are commercially reasonable, and you will notify us immediately of any unauthorized use or suspected breach of your account.

You may close your account at any time by following the instructions on the Site. We may suspend or terminate your account under the "Term & termination" section below.

Privacy & disclaimer

Your use of the Site and the MemTrax Test is also governed by our Privacy Policy and our Disclaimer, both incorporated into this Agreement by reference. Please read them.

Limitations on warranty & liability

Your use of the Site and the MemTrax Test is at your sole risk. They are provided on an "as is" and "as available" basis for your personal use, without warranties of any kind, express or implied, except where such warranties cannot legally be excluded. We provide the Site and the MemTrax Test on a commercially reasonable basis and do not guarantee that you will be able to access or use them at any particular time or location.

Your sole and exclusive remedy for any dispute with us or our licensors is to stop using the Site and the MemTrax Test and to close your account.

To the fullest extent permitted by law, we, our subsidiaries, licensors, affiliates, employees, officers, and directors (collectively, "MemTrax Parties") are not liable for any act or failure regarding conduct, communication, or content on the Site or in the MemTrax Test. In no event shall the MemTrax Parties' total liability to you exceed the amount you paid us to use the MemTrax Test. In no event shall the MemTrax Parties be liable for incidental or consequential damages arising from your use of the Site or the MemTrax Test.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you, and you may have other legal rights that vary by jurisdiction.

Payments & renewals

To purchase our products or services, you will be asked to provide payment information. We process payments through Stripe, and you must agree to Stripe's terms before completing a purchase.

If you purchase a subscription, it will renew automatically at the end of each billing period unless you cancel before the renewal date. You can cancel at any time from your account or by contacting us. We reserve the right to modify or discontinue prices, including subscription fees, at any time, with or without notice; such notice may be given by posting the change to these Terms.

Refunds

Because our products and services are non-tangible, digital goods, we offer refunds on a case-by-case basis for up to 30 days after the initial purchase. We stand behind our products, but where a refund is requested, you must first work with our support team to try to resolve the issue. Not liking aspects of a product is not, by itself, grounds for a refund. Refunds are granted at the sole discretion of MemTrax LLC. No refunds are given more than 30 days after the initial purchase under any circumstances.

Indemnification

You agree to defend, indemnify, and hold us harmless from any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by third parties arising from (i) your use of the MemTrax Test or the Site, or (ii) your violation of this Agreement.

We may, at your expense, assume the exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate. You agree not to settle any matter without our prior written consent. We will make reasonable efforts to notify you of any such claim. This section survives termination of this Agreement.

Term & termination

This Agreement takes effect the first time you use the Site and remains in effect while you use it, until terminated. You may terminate it at any time by closing or deleting your account through the instructions on the Site.

We may (a) suspend your rights to use the MemTrax Test, the Site, or your account, and/or (b) terminate this Agreement, at any time and for any reason at our sole discretion, with or without notice — including if we believe you have violated any provision of this Agreement. We reserve the right to terminate our relationship with any user who repeatedly infringes third-party copyrights. Upon termination, your account and your right to use the MemTrax Test and the Site end immediately. You understand that closing or terminating your account involves deletion of your MemTrax Test results.

Third-party sites & ads

The Site may contain links to third-party websites and advertisements ("Third-Party Sites & Ads"). We do not control and are not responsible for them, and provide them only as a convenience. We do not endorse or make any representations about them, and you use them at your own risk. When you access a Third-Party Site & Ad, that third party's terms and privacy policies apply. Investigate as you see fit before proceeding with any transaction involving them.