Terms and Conditions

IMPORTANT: YOU MUST REVIEW AND AGREE TO THESE SOFIA REMINDER AND EDUCATION SERVICE TERMS AND CONDITIONS (the “Terms and Conditions”) BEFORE YOUR REGISTRATION FOR THE LIMITED TIME OFFER OF THE SOFIA REMINDER SERVICE (the “Reminder Service”) CAN BE COMPLETED AND THE SERVICE ACTIVATED. BY CLICKING “I AGREE”, YOU WILL BE ENTERING INTO A CONTRACTUAL RELATIONSHIP WITH MEMOTEXT CORP AND INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN YOUR USE OF THE REMINDER SERVICE. PLEASE RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.  MEMOTEXT CORP AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND SUBCONTRACTORS ARE NOT RESPONSIBLE FOR: (A) ANY MISSED REMINDERS, EVENTS, MEDICATIONS; OR (B) REPERCUSSIONS OR CONSEQUENCES, MEDICAL, HEALTH-RELATED OR OTHERWISE, OF MISSED REMINDERS, EVENTS OR MEDICATIONS RELATING TO YOUR USE OF THE REMINDER SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MESSAGE DELIVERY OR FAILED MESSAGE DELIVERY FOR ANY REASON.


  1. Terms and Conditions:

These Terms and Conditions (and any modifications to it) will represent the entire agreement between you and MEMOTEXT CORP (hereinafter referred to as “we”, “us” or “our”) with respect to the Reminder Service and is different than and completely separate from your agreement with your telephone, wireless or internet service providers and from any and all agreements that we may have with our service providers to which you are not a party.

We may change, add to or delete any portion of these Terms and Conditions in our discretion at any time. If we propose amendments, we will notify you. Any changes, additions or deletions (which may also be referred to as “amendments”) will be effective when notice is posted on https://mysofia.online. Your continued use of the Reminder Service after amendments are posted will be considered acceptance of any amendment. It is your responsibility to monitor https://mysofia.online to review the amendments.

  1. Reminder Service:

The Reminder Service is offered to families of children aged 6-18 who have been diagnosed with ADHD. The Reminder Service lets you schedule daily messages to your phone, e-mail, or via text messaging at https://mysofia.online for an indefinite time frame from the date that you register and initiate the Reminder Service. You will be able to set the time and form of message delivery.

  1. Registration:

To register for the Reminder Service, enter the required information and take the steps set out in the Registration Page. You will not be charged by us for receiving the messages. However, please note that certain text messaging, wireless, and mobile phone service providers may charge a per message fee depending on your feature package. To cancel the Reminder Service, go to the “Cancel Screen” at https://mysofia.online and enter the required information, or text STOP in your message feed at any time.

We may reject any application for registration for the Reminder Service in our discretion without explanation. If we accept your application for registration, we will provide you with the Reminder Service.

By clicking “I agree”, you verify that the information provided by you in the registration process is true, accurate, current and complete to the best of your knowledge. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to believe that the information is untrue, inaccurate, not current or incomplete, we may terminate or suspend your current or future use of the Reminder Service.

  1. Payment Terms:

All users are eligible for the 1 month (30 days) free trial of SOFIA. By participating in this free trial ("Trial") of SOFIA, you agree to be bound by our Terms & Conditions and the following terms ("Trial Terms"), provided that in the event of a conflict the Trial Terms shall govern. The Trial period will be for thirty (30) days from the date you register your account. At the end of the thirty day period you will no longer have access any of the program features unless you upgrade to a paid subscription account prior to the expiration of the Trial period. SOFIA may terminate the Trial at any time by giving written notice to you. MEMOTEXT reserves the right to make any modifications to the features.

 

Subscriptions

Users residing in the 50 United States, the District of Columbia, ("United States") or Canada may subscribe to SOFIA: Simple Online Family Intervention for ADHD. SOFIA offers two different recurring payment options to subscribe to the Program: (1) an automatically billed monthly subscription ("Monthly Membership"); and (2) an automatically billed annual subscription ("Annual Membership"). You can subscribe here: www.mysofia.online/signup. You will not be billed until your free trial has ended, 30 days after your initial registration.

SOFIA Program Contents: users will receive preformulated content distributed based on their preferred delivery time, chosen at enrollment. Note that users can change the message delivery time at any point in the program.

Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.

Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service (after the free trial has ended). After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.

For example, let's say you purchased an Annual Subscription beginning in Nov 2019 and ending in Oct 2020. We will bill you for the second year (Nov 2020 to Oct 2021) in Nov 2020, unless you cancel your Annual Subscription before Nov 2020. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, MEMOTEXT will automatically process your Annual Subscription fee at the then-current Annual Subscription rate. We explain how to cancel your Annual Subscription below at the Section "Cancellation Policy".

We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled, your original purchase date is within 15 days of your auto-renewal date or there are changes to your account or Subscriptions.

Termination of subscription

If you cancel your Subscription to SOFIA you can re-subscribe any time.

  1. Access to and use of Reminder Service:

If your registration for the Reminder Service is accepted by us, then you may access and use the Reminder Service.

You understand and agree that each message sent using the Reminder Service is your sole responsibility. This means that you, not us, are entirely responsible for setting up the messages you send using the Reminder Service.

We do not guarantee the timely delivery of messages sent using the Reminder Service.

You agree that, in using the Reminder Service, you will not:

  1. Use of the Reminder Service:

The Reminder Service is activated after you have completed the registration process and we have accepted your registration. You are responsible for maintaining the confidentiality of your registration and verification code for the Reminder Service and security of your telephone, wireless device, or computer. You are entirely responsible for any and all activities which occur on your telephone, wireless device, or computer. You agree to notify us immediately of any unauthorized use of your telephone, wireless device or computer, or of any other breach of security with respect to the Reminder Service known to you.

MEMOTEXT does not provide you with any advice about how you should use the Reminder Service having regard to your individual circumstances and your medical condition.  You agree that you will seek appropriate medical advice about your use of the Reminder Service and your child’s AHDH treatment and will not rely on any representation from MEMOTEXT CORP in this regard.

THIRD PARTY CONTENT AND OTHER WEBSITES

Content from other users, suppliers, advertisers, and other third parties may be made available to you through the SOFIA program. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The SOFIA program may contain links to websites not operated by us, including without limitation the websites of the brands we include in messages. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Program may also contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

  1. Monitoring the Reminder Service:

You acknowledge that we have no obligation to monitor the messages sent through the Reminder Service. However, you agree that we have the right to monitor the messages from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Reminder Service properly, or to protect ourselves or our users.

  1. Privacy:

By using the Reminder Service, you acknowledge that you have read and understand the terms of the MEMOTEXT CORP Privacy Policies and that you agree to the terms of the MEMOTEXT CORP Website Privacy Policy.

We have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit our privacy policy to learn more about how we collect, use and disclose the information that you provide to us or we otherwise learn about you through your use of the Services, including how we market our services.

Last Updated: Oct 2019

MEMOTEXT respects an individual’s privacy and will only collect, use and disclose personal information in accordance with its Privacy Policy. We recognize every individual’s right to privacy and acknowledge our obligation to preserve the confidentiality of personal information. 

This Privacy Policy applies to the MEMOTEXT administered SOFIA program in its collection, use and disclosure of personal information in the course of an individual’s participation in the program. 


MEMOTEXT does not use or disclose personal information except for the purposes of delivering program communications or personalization surveys for the SOFIA program, and/or any other services provided by MEMOTEXT as it relates to participation in the SOFIA program. MEMOTEXT reserves the right to update its Privacy Policy at any time and such modifications shall be effective immediately, unless otherwise stated.

 

Personal Information
This privacy policy is subject to the relevant United States of America legislation, Health Insurance Portability and Accountability Act (“HIPAA”) as well as other applicable legislation and regulations.

Personal information being collected includes information that relates to their personal characteristics (name, address, home phone or mobile number, email). Personal information, however, does not include business information (e.g., an individual’s business address and telephone number), which is not protected by privacy legislation.

Accountability
MEMOTEXT is responsible for personal information under its control and has designated a Privacy Officer who is accountable for this Privacy Policy and applicable governing laws. The Privacy Officer may be contacted as follows:

Privacy Officer
MEMOTEXT 
7 Belmost Street,
Toronto, Ontario
M5R 1P9
1-877-636-6898

memo@memotext.com

Identifying Purposes
MEMOTEXT will identify the purposes for which personal information is collected at or before the time it is collected. The purposes for which information is collected, used or disclosed is: to answer your Get in Touch requests; to answer requests for information; to send out communications regarding our services and initiatives; to improve the content of our website. When MEMOTEXT uses personal information that has been collected for a purpose not previously identified, it will identify the new purpose for the individual to whom the personal information relates prior to using the information in that manner, except as permitted or required by law.

Consent
MEMOTEXT will make a reasonable effort to make sure individuals understand how their personal information will be used by MEMOTEXT. MEMOTEXT will obtain consent of the individual for the collection, use or disclosure of personal information. 

An individual’s consent may vary from express written consent to implied consent, depending upon the circumstances and the type of information. We will collect, use or disclose personal information without consent, only where permitted or required by law. 

You can also cancel your subscription to such communications by following the Unsubscribe links on the website https://mysfia.online or in any email communication, by replying STOP to a text message

Limiting Collection
MEMOTEXT limits the collection of personal information, both the amount and the type of information, to that which is necessary for the purposes identified by MEMOTEXT. MEMOTEXT collects personal information by fair and lawful means and for purposes that a reasonable person would consider appropriate in the circumstances. We may sometimes collect information that is not of a personal nature, such as the date and time of your request, the type of Internet browser or operation system you use or the domain name from which you were linked to our website. If you use a mobile device to access our website and online resources, we also may collect information about your device, such as your device ID and device type, as well as usage information about your device. MEMOTEXT does not use cookies, Web Beacons or other technologies to collect identifiable personal information from visits to our Website.

Limiting Use, Disclosure and Retention
MEMOTEXT will not use or disclose personal information for purposes other than those for which it was collected for the SOFIA program, except with the consent of the individual or as required or permitted by law.

MEMOTEXT may disclose personal information to a government authority that has asserted its lawful authority to obtain the information or where MEMOTEXT has reasonable grounds to believe the information could be useful in the investigation of an unlawful activity, or to comply with a subpoena or warrant or an order made by the court or otherwise as permitted by applicable law. Documents will be destroyed by way of shredding and electronic files will be deleted in their entirety. When hardware is discarded, MEMOTEXT will ensure that the hard drive is physically destroyed.

Accuracy
MEMOTEXT w venture to ensure that personal information will be accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

Safeguards
MEMOTEXT protects personal information by security safeguards appropriate to the sensitivity of information. We are committed to keeping personal information secure, and have appropriate technical, administrative and physical procedures in place to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, modification, disposal or destruction. 
In addition, methods of protection and safeguards include, but are not limited to, locked filing cabinets, restricted access to offices, security clearances, need-to-know access and technological measures including the use of passwords, encryption and firewalls. 

We limit access to personal information to those who have a business need. We keep personal information for the period of time deemed reasonable either to fulfill the identified purposes or in accordance with the law, whichever time frame is longer. We establish retention criteria based on the type of information collected.

Openness
MEMOTEXT will make available to individuals specific information about is policies and practices relating to the management of personal information. All questions or enquires about this Privacy Policy or our personal information management practices are to be directed to our Privacy Officer.

Individual Access
When a request is made to MEMOTEXT, we will inform an individual of the existence, use and disclosure of their personal information and provide access to that information, except where access is not required by law. Upon request, individuals can review the accuracy and completeness of their personal information and may have it amended, if appropriate. The website may include hyperlinks to websites which are independent from the SOFIA program. By clicking on such hyperlinks, you will be leaving our website. MEMOTEXT does not exercise any control on the operation of these websites and the fact that they are listed on our website does not incur MEMOTEXT’s liability in any manner. Any personal information you submit through these websites is subject to such websites’ privacy policy.

Challenging Compliance

Any questions about our Privacy Policy are to be directed to our Privacy Officer. We will inform individuals who make inquiries or lodge complaints about our procedures, and we will investigate all inquiries or complaints. We will notify the complainant of the outcome of the investigation and any relevant steps taken to rectify the issue, including any amendments to our policies and procedures.

  1. Security:

You understand and agree (to the fullest extent permitted by law) that MEMOTEXT CORP and its parent, affiliates, officers, directors, employees, suppliers and subcontractors will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of, or resulting from, unauthorized access to or alteration of your transmissions or data.

  1. Indemnity and Liability:

You agree to indemnify, defend and hold us, our parents, affiliates, officers, employees, directors, contractors, advisors or other representatives and those of our affiliates (collectively, the “Representatives”) harmless from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, incurred by the Representatives, directly or indirectly, as a result of or in connection with: (1) your use of the Reminder Service to stalk, harass, or impersonate any person or entity, or if you falsely state or misrepresent your affiliation with a person or entity; (2) your sending any message that is unwelcome to any person or entity; (3) your interfering with or otherwise attempting to disrupt or engage in any activity that could reasonably be expected to interfere with the Reminder Service or any servers or networks directly or indirectly connected to the Reminder Service or any other Internet site or mobile communications device; or (4) your violation of any applicable law or regulation.

YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE THE REMINDER SERVICE AND ACCESS TO THE REMINDER SERVICE ON AN “AS IS” AND AN “AS AVAILABLE” BASIS, THAT YOUR USE OF THE REMINDER SERVICE IS AT YOUR OWN RISK, AND THAT WE MAKE NO REPRESENTATIONS, WARRANTIES OR COVENANTS WHATSOEVER WITH RESPECT THERETO.

THE REMINDER SERVICE IS ONLY AN AID WHICH RELIES ON TELEPHONE, WIRELESS TEXT MESSAGING, OR INTERNET TRANSMISSIONS THAT CAN BE INTERMITTENTLY BLOCKED, INTERRUPTED, DISRUPTED OR CORRUPTED. AS A RESULT, THERE MAY BE AND WE WILL NOT BE LIABLE FOR ANY DELAYS, OMISSIONS, INACCURACIES AND/OR FAILURES TO DELIVER THE REMINDER SERVICE TRANSMISSIONS AND YOU SHOULD NOT EXCLUSIVELY RELY ON THE REMINDER SERVICE AS YOUR ONLY MEANS OF REMINDER FOR ANY PARTICULAR EVENTS.

FOR GREATER CERTAINTY, WE DO NOT GUARANTEE THAT THE REMINDER SERVICE WILL BE AVAILABLE, RUN ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL ERRORS OR DEFICIENCIES RELATED THERETO OR THAT ALL MESSAGES SENT BY YOU WILL ARRIVE AT THEIR INTENDED DESTINATION ON TIME.

WE, OUR REPRESENTATIVES, OUR SUPPLIERS, AND SUBCONTRACTORS SPECIFICALLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE REMINDER SERVICE INCLUDING REPRESENTATIONS, WARRANTIES AND COVENANTS WITH RESPECT TO MERCHANTABILITY, SATISFACTORY QUALITY, SCALABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 THE REMINDER SERVICE IS ONLY AN AID WHICH RELIES ON TELEPHONE, WIRELESS TEXT MESSAGING, OR INTERNET TRANSMISSIONS THAT CAN BE INTERMITTENTLY BLOCKED, INTERRUPTED, DISRUPTED OR CORRUPTED. AS A RESULT, THERE MAY BE AND WE WILL NOT BE LIABLE FOR ANY DELAYS, OMISSIONS, INACCURACIES AND/OR FAILURES TO DELIVER THE REMINDER SERVICE TRANSMISSIONS AND YOU SHOULD NOT EXCLUSIVELY RELY ON THE REMINDER SERVICE AS YOUR ONLY MEANS OF REMINDER FOR ANY PARTICULAR EVENTS.

UNDER NO CIRCUMSTANCES WILL WE, OUR REPRESENTATIVES, OUR SUPPLIERS OR SUBCONTRACTORS BE LIABLE OR RESPONSIBLE IN ANY WAY FOR MESSAGES OR THEIR CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY MESSAGES OR CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF MESSAGES OR CONTENT SENT USING THE REMINDER SERVICE. WE AND OUR REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY MISSED APPOINTMENTS, MEDICATIONS OR MEDICAL OR HEALTH-RELATED OR ANY REPERCUSSIONS OR CONSEQUENCES OR COSTS THEREOF DUE TO REMINDER MESSAGE FAILURE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION ANY WARNINGS AND PRECAUTIONS LISTED ON THE https://mysofia.online WEBSITE.

OUR CUMULATIVE LIABILITY, INCLUDING ANY LIABILITY OF OUR REPRESENTATIVES, OUR SUPPLIERS AND SUBCONTRACTORS, TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE AND OTHER DAMAGES ARISING OUT OF OR RELATED TO CLAIMS IN CONNECTION WITH THESE TERMS AND CONDITIONS AND/OR THE REMINDER SERVICE SHALL BE LIMITED AS STATED HEREIN.

THE FOREGOING LIMITS OF LIABILITY WILL OPERATE TO THE MAXIMUM EXTENT PERMITTED BY LAW NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS AND APPLY REGARDLESS OF THE BASIS ON WHICH ANY PERSON IS ENTITLED TO CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH) OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER FAULT OF OURS OR OUR REPRESENTATIVES), AND APPLY EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITS OF LIABILITY SPECIFIED IN THESE TERMS AND CONDITIONS WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THESE TERMS AND CONDITIONS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

If you are dissatisfied with any portion of the Reminder Service or with any of these Terms and Conditions, your remedy is to discontinue using the Reminder Service.

  1. Termination:

We reserve the right to terminate your access to the Reminder Service or any portion of it at our sole discretion, without limitation, for any reason whatsoever, without liability, immediately upon the earlier of: (a) a message notice being sent to your telephone, wireless device, or computer; or (b) notice being sent to the email or contact address that you have submitted to us. We reserve the right to terminate the Reminder Service at any time.

  1. General:

These Terms and Conditions supersede any other contemporaneous or prior promises, representations, descriptions or communications regarding the Reminder Service. These Terms and Conditions may only be modified in writing, including electronically. These Terms and Conditions, as may be modified from time to time, including any documents referenced herein, constitute the entire agreement with you pertaining to your use of the Reminder Service. Our failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision. These Terms and Conditions shall be governed by the laws of the United States of America as applicable, no matter where you legally reside and excluding conflict of law provisions. You submit to the non-exclusive jurisdiction of the courts of the United States of America. Sections 10 and 12 of these Terms and Conditions shall survive termination of these Terms and Conditions. If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. These Terms and Conditions shall bind and enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You may not assign your rights or obligations hereunder without our prior written consent.