Terms & Conditions

1. Acceptance

By creating a Zoliora account or using Zoliora, you agree to these Terms & Conditions and our Privacy Policy.

If you create or manage an account on behalf of another person, you confirm that you are authorised to do so and that the person concerned has been appropriately informed about Zoliora where required by applicable law.

If you do not agree to these Terms, you must not use Zoliora.

2. Zoliora

Zoliora is a digital service designed to support people experiencing memory difficulties and the people who support them.

Depending on the features available at any given time, Zoliora may provide reminders, calendars, cognitive activities, photos, notes, wellbeing features, connections between users, GPS/location and safety functionality, navigation assistance, health-data integrations and other functionality.

Zoliora provides technology designed to support users, their families and other authorised persons. It does not replace personal supervision, professional care, medical advice, diagnosis, treatment, emergency services or other appropriate support.

Zoliora is continuously developed. Features, functionality, content, integrations and availability may change over time.

Some features may be introduced gradually, may only be available to selected users, may require manual activation, or may be introduced in later phases.

Unless expressly stated otherwise, Zoliora is not a medical device and does not provide medical diagnosis, treatment or medical advice.

3. Accounts and User Responsibilities

You must provide accurate information when creating a Zoliora account and keep your account information reasonably up to date.

Zoliora is intended for adults.

You are responsible for maintaining the security of your account credentials and for activity carried out through your account, except where applicable law provides otherwise.

You must not access or manage another person's account unless you are authorised to do so.

Users are responsible for the accuracy and appropriateness of information they enter into Zoliora and for ensuring that information they share with connected persons is accurate and appropriate to share.

Zoliora does not independently verify user-provided information.

A Family Carer may assist a Primary with day-to-day use of Zoliora where the relevant functionality permits this. A Family Carer does not automatically become the legal representative, guardian or decision-maker of the Primary and does not acquire ownership or control of the Primary's account merely by being connected to it.

Zoliora does not currently have an automated process for determining whether a person has become unable to manage their account, device or consent decisions.

Users and their families, representatives or carers are responsible for addressing such situations appropriately and in accordance with applicable law.

4. Connections and User Roles

Zoliora may support different account roles and connections, including Primary accounts, Family Carer accounts, direct peer connections between Primary accounts, Professional Carer accounts and Healthcare Professional (HCP) connections.

Two Primary accounts may connect directly as peers.

A peer connection allows information to be shared according to the permissions and functionality applicable to that connection.

Connecting two accounts does not automatically provide either person with unrestricted access to the other's account.

Family Carers may receive access to information made available to them through the relevant connection and permissions.

Professional Carer and HCP functionality is not currently available through a standard user-facing connection flow.

Such functionality may be limited, manually enabled, available only to selected users, or introduced in later phases.

Where Professional Carer or HCP functionality becomes available, the applicable permissions and information-sharing rules will be presented to the relevant users.

Where Professional Carer or HCP functionality is available, Zoliora provides technology for information sharing and support.

Zoliora does not independently verify the professional status, qualifications, recommendations or actions of a Professional Carer or HCP and does not assume responsibility for professional advice, diagnosis, treatment or other professional services provided by a Professional Carer or HCP.

A connection does not automatically give another person unrestricted access to an account.

You are responsible for choosing or accepting people with whom you connect and for reviewing available sharing and permission settings.

Zoliora may modify or introduce additional roles, connections and permission settings as the service develops.

5. Your Content

You retain ownership of content you submit to Zoliora, including photos, notes and other materials.

You grant Zoliora a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, adapt and use that content as reasonably necessary to provide, operate, maintain, secure, improve and develop Zoliora and its services and to provide features to you and users you have authorised to access it.

You are responsible for ensuring that you have the necessary rights and permissions to submit content to Zoliora.

We may remove or restrict content where reasonably necessary to operate the service, comply with law, protect users or third parties, or address misuse.

6. Data, Analytics, Research and De-identified Information

Zoliora may analyse information generated through use of the service to operate, maintain, secure, improve and develop Zoliora, understand usage and performance, develop new features and services, conduct analytics and research, and create statistical, aggregated, anonymised or appropriately de-identified information.

This may include cognitive activity data, wellbeing information, GPS/location information, health and activity information obtained through supported integrations such as Apple Health and equivalent Android health platforms, and other information generated through use of Zoliora.

Analyses, scores, trends and insights generated by Zoliora may be based on incomplete, variable or self-reported information and should not be interpreted as a diagnosis or definitive assessment of a person's health, cognitive condition or future development.

Users are responsible for decisions they make based on information, analyses, trends, reminders or other outputs provided by Zoliora.

Such information is intended to support, and not replace, the user's own judgement or appropriate professional advice.

Where permitted by applicable law, Zoliora may use, disclose, license or otherwise make available aggregated, anonymised or appropriately de-identified information to research organisations, academic institutions, healthcare organisations, pharmaceutical and life-sciences companies, technology providers and other commercial or non-commercial partners.

Where information remains personal data under applicable law, including pseudonymised information, Zoliora will process it in accordance with applicable data-protection requirements.

Further information is provided in the Privacy Policy.

7. Subscriptions, Renewal and Cancellation

Zoliora may offer free, pilot, trial and/or paid subscription plans.

During the current pilot and test phase, use of Zoliora may be provided free of charge or under different terms.

Zoliora will provide appropriate notice before paid billing begins or before any material limitation that is currently not enforced begins to be enforced.

Where a paid subscription is offered, the applicable price, billing period and features will be displayed before purchase.

Paid subscriptions may include monthly and annual plans.

Subscriptions automatically renew for another equivalent subscription period unless cancelled before the next renewal.

Monthly subscriptions:

Where a monthly subscription is offered, it provides access for the applicable paid monthly period.

You may cancel at any time to prevent the next monthly renewal.

Cancellation does not shorten the current paid period. Your access remains available until the end of that period.

The current paid period is not refundable and no pro-rata refund is provided for unused time, except where required by applicable law.

Annual subscriptions:

Where an annual subscription is offered, it provides access for the applicable paid annual period.

You may cancel at any time to prevent the next annual renewal.

Cancellation does not shorten the current paid annual period. Your access remains available until the end of that period.

The current paid period is not refundable and no pro-rata refund is provided for unused time, except where required by applicable law.

Statutory rights:

Nothing in these Terms excludes or limits any mandatory consumer rights, including applicable withdrawal, conformity, termination or refund rights.

Payments may be processed through third-party payment providers or app stores, whose applicable terms may also apply.

Zoliora may change prices or subscription structures for future subscription periods, subject to applicable law and any required notice.

8. Acceptable Use

You must use Zoliora lawfully and responsibly.

You must not:

• access another person's account without authorisation;
• impersonate another person;
• interfere with or attempt to circumvent the security of Zoliora;
• upload content you do not have the right to use;
• use Zoliora to harass, threaten or harm another person;
• use Zoliora for unlawful purposes; or
• use Zoliora in a manner that could reasonably endanger another person.

We may take reasonable measures to investigate and address misuse.

9. Health, Safety and Service Limitations

Zoliora provides technology designed to support users, their families and other authorised persons.

It does not replace personal supervision, professional care, medical advice, diagnosis, treatment, emergency services or other appropriate support.

Cognitive activities, wellbeing features, analyses, reminders and other information provided through Zoliora are intended for support and informational purposes and should not be treated as a medical or clinical assessment.

Zoliora does not guarantee any particular health, cognitive, safety or wellbeing outcome.

Zoliora is not a monitoring, emergency-response or personal safety service.

Features that provide location information, safety zones, notifications or alerts are intended to provide additional information and support and should not be relied upon as the sole means of monitoring or protecting a person.

Users remain responsible for determining what level of supervision, care or emergency support is appropriate.

In particular, Zoliora does not guarantee that:

• a reminder or notification will always be delivered;
• GPS/location information will always be available or accurate;
• a safety zone or location alert will always function;
• a person will always be detected at a particular location;
• information from Apple Health, Android health platforms or other integrations will always be available, complete or accurate;
• analyses or trends will be correct or clinically meaningful;
• the service will always be available; or
• a connected person will become aware of an event or situation in time to respond.

GPS, notifications, health integrations and other functionality depend on the user's device, permissions, battery, connectivity, operating system, third-party services and other factors outside Zoliora's complete control.

Navigation functionality may use a system-level link to the user's own native Maps application.

Zoliora does not operate or control the underlying navigation service and does not guarantee the accuracy, availability or suitability of directions provided by it.

Zoliora should not be relied upon as the sole means of protecting, locating, supervising or monitoring another person.

In an emergency, users should contact the appropriate emergency or professional services directly.

Use of Zoliora does not create a doctor-patient, therapist-patient, caregiver-client, fiduciary or other professional relationship between Zoliora and any user.

10. Third-Party Services and Availability

Zoliora may depend on third-party operating systems, platforms, devices and services.

Zoliora is not responsible for failures, changes, interruptions or limitations of third-party platforms, operating systems, devices, app stores, health-data platforms, payment providers, telecommunications networks or other services on which particular Zoliora features may depend, except to the extent liability cannot legally be excluded.

Zoliora does not control the availability, accuracy, security, functionality or continued support of third-party services.

Changes, interruptions or restrictions imposed by third parties may affect Zoliora functionality.

Zoliora may add, modify, suspend, replace or discontinue features, functionality, content, integrations, account types or parts of the service.

We may introduce new products, services, subscription models, features or pricing structures.

Some features may be experimental, available only to selected users, manually enabled or introduced in later phases.

We do not guarantee that any particular feature will remain available.

Where required by applicable law, we will provide appropriate notice of material changes.

Pilot and Experimental Features:

During pilot, testing or early-access phases, some features may be experimental, incomplete, subject to change or temporarily unavailable.

Information generated through experimental features may not be as reliable or complete as information generated by mature functionality.

Zoliora may modify or discontinue pilot features without guaranteeing that they will become part of the permanent service.

Pilot users acknowledge that the service may contain errors, limitations or incomplete functionality.

11. Intellectual Property

Zoliora and its software, design, branding, content, functionality and technology are owned by or licensed to Zoliora and protected by applicable intellectual-property laws.

Except for rights expressly granted under these Terms, no rights in Zoliora are transferred to you.

12. Suspension and Termination

You may stop using Zoliora at any time.

We may suspend, restrict or terminate access where reasonably necessary to:

• protect Zoliora, users or third parties;
• comply with applicable law;
• investigate or prevent fraud, misuse or security incidents;
• enforce these Terms; or
• address a material risk to the service or its users.

Where appropriate and legally permissible, we will provide reasonable notice.

We may also discontinue Zoliora or any part of the service.

Account deletion:

Users may request deletion of their Zoliora account.

For Family Carer, Professional Carer and HCP accounts, we will process the deletion request without unnecessary delay, subject to identity verification, technically necessary processing, legally required retention and other applicable legal obligations.

For a Primary account, the deletion request will first notify all connected Family Carers.

The deletion will then proceed automatically after a short notice period of several days.

This notice period exists to inform connected Family Carers and is not an approval, consent or veto mechanism.

We may need to verify identity before processing a deletion request.

Account deletion does not create an obligation for Zoliora to delete information that must legally be retained or information that has already been irreversibly anonymised or incorporated into aggregated or statistical information.

13. Disclaimer and Liability

To the maximum extent permitted by applicable law, Zoliora is provided on an "as is" and "as available" basis.

To the maximum extent permitted by applicable law, Zoliora does not accept liability for indirect, incidental, special or consequential losses, loss of profits, loss of goodwill, business interruption or similar losses arising from or relating to use of Zoliora.

For liabilities that may legally be limited, Zoliora's total aggregate liability arising from or relating to Zoliora, regardless of the legal basis of the claim, will be limited to the greater of:

(a) the total fees paid by the user to Zoliora during the twelve months preceding the event giving rise to the claim; or

(b) CHF 100.

This limitation applies only to the extent that such liability may legally be limited.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law, including liability arising from intentional or grossly negligent conduct where such limitation is prohibited by applicable law.

Nothing in these Terms limits any mandatory rights or remedies available to consumers under applicable law.

14. Indemnification

To the extent permitted by applicable law, you are responsible for losses, claims or reasonable costs incurred by Zoliora as a result of your unlawful use of Zoliora, violation of these Terms or infringement of another person's rights.

This does not apply to losses resulting from Zoliora's own unlawful conduct or liability that cannot legally be transferred.

15. Governing Law

Zoliora is expected to be operated by a company incorporated in Switzerland.

These Terms are governed by Swiss law, subject to any mandatory consumer protections or other mandatory provisions applicable to you.

Any disputes will be subject to the jurisdiction permitted by applicable law.

16. Changes and General Provisions

We may update these Terms from time to time to reflect changes to Zoliora, our business, technology, pricing, services or legal requirements.

The current version will be available through Zoliora.

Where required by law, we will provide appropriate notice of material changes.

If any provision is found to be invalid or unenforceable, the remaining provisions remain in effect to the extent permitted by law.

These Terms and the Privacy Policy constitute the agreement between you and Zoliora concerning use of the service, together with any additional terms expressly applicable to particular Zoliora services.

17. Contact

[LEGAL COMPANY NAME]

Registered address:

[SWISS REGISTERED ADDRESS]

Email:

[LEGAL / PRIVACY CONTACT EMAIL]

Company registration:

[COMPANY REGISTRATION NUMBER, IF APPLICABLE]