Terms and Conditions

Welcome to My Special Needs ('App'). The App is operated by MySpecialNeeds ('we,' 'our,' or 'us'). These Terms and Conditions ('Terms') govern your access to and use of our services, including mobile applications, web portals, and any related services provided by us (collectively, the 'Services').

By creating an account, accessing, or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy https://myspecialneeds.com/privacy. If you do not agree to these Terms, you must not access or use the App or Services.

Our Services are designed for individuals with special needs and their carers, including individuals of all ages.

If a user is under the age of 18 ('Minor') or is otherwise unable to provide legal consent or manage their own account, a parent, legal guardian, or designated carer ('Carer') must create and manage the account on their behalf.

If you are a Carer creating or managing an account on behalf of another individual, you represent and warrant that you have the full legal authority and all necessary consents to provide their information, to agree to these Terms on their behalf, and to manage their use of the Services. You, as a Carer, agree to indemnify and hold MySpecialNeeds harmless from any claims, damages, or losses arising from your breach of this representation and warranty.

The App provides two main account types: Individual Account and Community Account.

You agree to provide accurate, current, and complete information during the registration process and to update such information promptly to keep it accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your login credentials (username and password) and for all activities that occur under your account.

The App, its AI chatbot, and any insights or suggestions generated are for informational and educational purposes only. They are not, and are not intended to be, a substitute for professional medical advice, diagnosis, or treatment.

Never disregard professional medical advice or delay in seeking it because of something you have read or received from the Services. MySpecialNeeds is not responsible for any actions or inaction a user takes based on the information presented in the App. Reliance on any information provided by the App is solely at your own risk.

In case of a medical emergency, call your doctor or emergency services immediately.

User Content includes any information, data, text, photographs, audio, video, or other materials that you or individuals in your care upload, post, transmit, or otherwise make available through the App.

You are solely responsible for your User Content, including its legality, accuracy, appropriateness, and compliance with all applicable laws and regulations.

By making any User Content available through the Services, you hereby grant to MySpecialNeeds a non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, and perform your User Content in connection with operating and providing the Services to you and to other users.

The App offers various accessibility settings and features designed to assist users with visual, motor, and speech impairments. These features are provided 'as-is' and 'as available' and are subject to ongoing development.

The App is primarily accessible in Australia, Canada, Ireland, New Zealand, UAE, UK, and the US. You are solely responsible for ensuring compliance with all local laws and regulations applicable to your use of the App and Services.

Certain advanced features may require a paid subscription.

Subscription management and payment processing are handled by third-party payment processors (e.g., Stripe, PayPal).

Our commitment to protecting user data is outlined in our comprehensive Privacy Policy.

You are responsible for the accuracy of the data you provide to us.

All content, features, and functionality within the App and Services are the exclusive property of MySpecialNeeds or its licensors and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App and Services for your personal and non-commercial use.

You agree not to use the App or Services in any way that violates any applicable law or regulation.

You may not introduce viruses, gain unauthorized access, or disrupt the services.

This includes, but is not limited to: uploading content that is unlawful, defamatory, abusive, infringing on copyright or privacy; scraping or data-mining the services; or uploading content containing sensitive health information about another person without their explicit consent.

The Services may contain links to third-party websites, advertisers, services, or other events or activities (collectively 'Third-Party Services') that are not owned or controlled by MySpecialNeeds. We do not endorse or assume any responsibility for any such Third-Party Services.

Any information from Third-Party Services, including but not limited to business accessibility information, news articles, and job postings, are provided for informational purposes only. We do not verify and cannot guarantee the accuracy or completeness of this information. Your reliance on this information is at your own risk.

If you access a Third-Party Service from the App, you do so at your own risk, and you expressly relieve MySpecialNeeds from any and all liability arising from your use of any Third-Party Service.

We reserve the right to suspend or terminate your access to all or part of the App and Services at our sole discretion, without prior notice or liability, for any reason whatsoever, including without limitation a breach of these Terms.

You agree to indemnify, defend, and hold harmless MySpecialNeeds, its affiliates, officers, directors, employees, agents, licensors, and suppliers from any claims arising out of or relating to your violation of these Terms or your use of the Services.

THE APP AND SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE FUNCTIONALITY OF FEATURES SUCH AS THE STORAGE OF DOCUMENTS OR THE ACCESSIBILITY OF EMERGENCY CONTACTS. YOU ACKNOWLEDGE THAT THE 'EMERGENCY CONTACTS' FEATURE IS NOT A SUBSTITUTE FOR TRADITIONAL EMERGENCY SERVICES AND MAY NOT FUNCTION AS INTENDED DURING A CRITICAL SITUATION.

IN NO EVENT SHALL MYSPECIALNEEDS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT PROVIDED THEREIN. THIS INCLUDES ANY LIABILITY ARISING FROM OR IN CONNECTION WITH ANY DECISIONS MADE, ACTIONS TAKEN, OR CARE PROVIDED BASED ON INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES.

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia.

You agree that any legal action arising out of these Terms shall be brought exclusively in the courts located in Victoria, Australia.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and MySpecialNeeds concerning the Services.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.