Deva World Terms of use

We are Mentia, Inc. (Mentia). We produce, create and distribute Deva World™ and its web-related support and services (Deva dashboard). We recommend that you read our Terms of Use.

Definitions

By accessing or using the Deva dashboard (“the Site”) and Deva World™ (“the App”), you agree to be bound by the Terms of Use. If you are using the App and Site 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. The Player or Players (“Player”) refers to cognitively challenged persons who play with the support of a formal or informal care companion (“Users”). Users must register via the Site and the App before they can set up a Player. The Player is not the user, unless the Player registers him or her self. A “Session” designates a play period that begins with the the opening screen and proceeds, though not necessarily, to the ‘end session’ screen.

Intellectual property

The App and its original content, features, and functionality are owned by Mentia, and are protected by international copyright, trademark, trade secret and other intellectual property and proprietary rights laws. The App is created and owned by Mentia, 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.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the App, or access to the App, 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 Site. 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 Inc., except as expressly provided in the Terms.

Distribution of the App is solely at the discretion of Mentia. 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 Site and the App 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 Dashboard 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 Dashboard and the App. 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 the App, 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 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.

Payment

The App is free to download from your favorite store (App store; or Google Play).

If you are creating a care circle for the first time for a player, and you have not yet created an account, you have a one-month free trial during which time you can create as many Players’ profile (a Player is a person with dementia) as you wish. (For example, you may be a professional carer wanting to try Deva World with a number of different Players.) Once the trial month has passed, your credit card details are required to continue our services. We charge a subscription fee of $20 USD per month per Player. Credit Card details are securely stored by the online payment processor Stripe, and are not installed on Mentia’s servers. Subscription features include unlimited sharing of Deva World within a Player’s care circle, the opportunity to customize Content to enhance a Player’s experience; the history of your Player’s Sessions, including duration times and Session reports (see “Sessions” section on the Player’s profile on the Dashboard); access to new developments of Deva World. The first User to create an account will be responsible for the subscription (the “Subscriber”), however this responsibility can be reassigned to another User by pressing the handover button on a Player’s profile. The Subscriber can cancel any player’s account at any time by pressing the Cancel button on the Player’s profile. Professional caregivers are invited to take advantage of our professional packages. Please contact us directly about this at info@mentia.me

If through our sharing system you have been invited to join a Player care circle, then your account is free for the duration of care circle and at the nominated subscriber’s discretion.

You can cancel any Player’s subscription at any time in the “Profile” section of each player on the Dashboard. You retain full access to the Player’s profile for the remainder of the paying month.

Compliance with Laws and Law Enforcement

Mentia cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of Mentia or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Security

Mentia is very concerned about safeguarding the confidentiality of your personally identifiable information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Updates

This Terms of Use may be updated from time to time for any reason; each version will apply to information collected while it was in place. We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy on our Site. You are advised to consult this Privacy Policy regularly for any changes. This Privacy Policy is effective as of June 1st, 2018. If you have any thoughts or questions about this Privacy Policy please let us know.

Disclaimer of Warranties

Mentia does not warrant against interference with your enjoyment of the App and the Site, or that the functions contained in, or services performed or provided by, the App and the Site will meet your requirements, that the operation of the software or services will be uninterrupted or error-free. No oral or written information or advice given by Mentia or an authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions and limitations may not apply to you.

Notices

Notice to Mentia, Inc. under the Terms of Use shall be deemed given when received by Mentia, Inc. Notice concerning this Terms of Use shall be in writing to 1275 Mission Street, San Francisco, CA 94103, or by emailing us at info@mentia.me

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