1. Introduction and Acceptance
1.1 These Terms and Conditions (the "Terms") constitute a legally binding agreement between you and Lyraa Care Sdn Bhd [Company No. 202601041819 (1703914-A)] ("Lyraa Care", "we", "us", or "our"), and govern your access to and use of the Lyraa Care website and mobile applications and the services made available through them (together, the "Platform").
1.2 These Terms incorporate by reference the Lyraa Care Privacy Notice. Together, these documents constitute the entire agreement between you and Lyraa Care in relation to the Platform.
1.3 By creating an Account, accessing, or using the Platform, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms, and you agree to be bound by them. Where you accept these Terms or use the Platform on behalf of another person, including an Anchor, you represent and warrant that you are authorised to do so.
1.4 We may amend these Terms from time to time in accordance with Clause 21 (Changes to These Terms). The version in force at any time is the version published on the Platform.
2. Definitions and Interpretation
2.1 In these Terms, unless the context otherwise requires:
| Term | Meaning |
|---|---|
| "Account" | means an account registered on the Platform. |
| "Anchor" | means an older adult who receives care or support coordinated through the Platform. |
| "Care Circle" | means the group of persons connected to an Anchor on the Platform. |
| "Content" | means any data, information, text, or other material that you submit to or through the Platform. |
| "Family Stream" | means the shared feed in which members of a Care Circle can post updates, photos, and voice messages. |
| "Guardian" | means the person who creates and manages an Account and is responsible for it, usually a family member. |
| "Helper" | means a person whom a Guardian engages or invites to assist with an Anchor's day-to-day care. |
| "Privacy Notice" | means Lyraa Care's privacy notice, as published on the Platform and amended from time to time. |
| "Services" | means the Platform and the features and services Lyraa Care makes available, including the care-coordination tools. |
2.2 In these Terms:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and vice versa, and a reference to a person includes an individual and a body corporate;
(c) the words "including", "includes", and "in particular" are to be read without limitation;
(d) a reference to a statute or regulation includes any amendment to, or re-enactment of, it; and
(e) a reference to a document, including these Terms and the Privacy Notice, is to that document as amended from time to time.
3. Nature of the Platform
3.1 Lyraa Care operates a technology platform that provides digital tools to help families coordinate the care of an Anchor.
3.2 LYRAA CARE IS NOT A HEALTHCARE, CAREGIVING, NURSING, MEDICAL, CLINICAL, OR EMERGENCY SERVICE PROVIDER, AND DOES NOT ITSELF PROVIDE CARE OR MEDICAL SERVICES OF ANY KIND.
4. The Services
4.1 The Platform is a care-coordination application through which a Care Circle may record and share information relating to an Anchor's wellbeing, including through the Family Stream, and receive safety alerts such as the daily check-in and location alerts.
4.2 The Services are intended to assist with the coordination of care. They are not a substitute for professional medical care, and do not include the provision of medical advice, diagnosis, treatment, or emergency response.
5. Eligibility, Registration, and Accounts
5.1 You must be at least eighteen (18) years of age to register an Account.
5.2 The Guardian who registers an Account is responsible for that Account, including all activity carried out under it, and for keeping login credentials confidential and secure. You must notify us promptly of any unauthorised use of your Account.
5.3 You represent, warrant, and undertake that all information you provide is true, accurate, current, and complete, and that you will keep it updated. Inaccurate information may affect the safety and quality of care coordinated through the Platform.
5.4 A Guardian may invite other persons into a Care Circle and is responsible for the persons invited and the permissions granted to them.
6. Authority to Act for an Anchor
6.1 Each Anchor has their own Account and accepts these Terms and gives consent under the Privacy Notice themselves. Where a Guardian helps an Anchor to set up or use their Account, the Guardian does so with the Anchor's knowledge and agreement.
6.2 Where an Anchor is unable to agree or give consent, only a person who is legally authorised under applicable law to make that decision for the Anchor, for example under a power of attorney or a court order, may do so on the Anchor's behalf, and must act in the Anchor's best interests.
7. Acknowledgement and Assumption of Risk
7.1 You acknowledge and agree that:
(a) Lyraa Care is a technology platform and not a provider of care or medical services;
(b) each Helper and each member of a Care Circle is responsible for their own acts and omissions; and
(c) LYRAA CARE IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF ANY HELPER, MEMBER OF A CARE CIRCLE, OR OTHER THIRD PARTY.
8. No Medical Advice
8.1 THE PLATFORM AND ITS FEATURES, INCLUDING ANY NOTES, LOGGED VITALS, ALERTS, AND LOCATION INFORMATION, ARE PROVIDED FOR INFORMATION AND COORDINATION PURPOSES ONLY. THEY DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND DO NOT CREATE ANY DOCTOR-PATIENT RELATIONSHIP.
8.2 You should always seek the advice of a qualified healthcare professional, and should never disregard or delay seeking such advice because of anything accessed through the Platform. In a medical emergency, you should contact the emergency services immediately.
8.3 THE PLATFORM RELIES ON THIRD-PARTY NETWORKS, DEVICE COMPATIBILITY, AND AUTOMATED PROCESSING. LYRAA CARE DOES NOT WARRANT THAT ANY ALERT, LOGGED VITAL, LOCATION INFORMATION, OR MANUAL INPUT WILL BE ACCURATE, COMPLETE, OR DELIVERED IN REAL TIME. TO THE FULLEST EXTENT PERMITTED BY LAW, LYRAA CARE IS NOT LIABLE FOR ANY DELAY, ERROR, OMISSION, OR FAILURE IN THE TRANSMISSION, PROCESSING, OR DISPLAY OF SUCH INFORMATION.
9. SOS and Emergency Features
9.1 The SOS feature opens your device's dialler with the national emergency number pre-filled, ready for you to place the call yourself.
9.2 LYRAA CARE DOES NOT PROVIDE EMERGENCY DISPATCH, MONITORING, OR RESPONSE SERVICES, DOES NOT CONTACT THE EMERGENCY SERVICES ON YOUR BEHALF, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL EMERGENCY RESPONSE. TO THE FULLEST EXTENT PERMITTED BY LAW, LYRAA CARE IS NOT LIABLE FOR THE AVAILABILITY, TIMING, OR OUTCOME OF ANY EMERGENCY RESPONSE.
10. Notes and Manual Inputs
10.1 Where an Anchor, Guardian, Helper, or other member of the Care Circle enters notes, vitals, instructions, or updates into the Platform ("Manual Inputs"), such information is based entirely on the input of that individual. Lyraa Care does not verify, audit, or guarantee the accuracy, completeness, or safety of any Manual Inputs.
10.2 The Platform displays a reminder alongside Manual Inputs stating that the content is for information and coordination only. You must check all medical instructions, dosages, and clinical advice directly with a qualified healthcare professional before acting on them.
11. Fees
11.1 The Platform is currently free to use. If Lyraa Care introduces fees for any feature, we will tell you in advance, and you will not be charged unless you agree to pay.
12. Your Obligations and Acceptable Use
12.1 You represent, warrant, and undertake that you will use the Platform lawfully and only for its intended purposes, will provide accurate information, and will keep your Account secure.
12.2 You shall not misuse the Platform, including by interfering with its operation, attempting to gain unauthorised access, introducing malicious code, or using it to harass, abuse, or harm any person. Helpers using the Platform shall act professionally and in accordance with applicable law.
12.3 You are responsible for the Content you post, including in the Family Stream. You must not post Content that is unlawful, offensive, or that infringes the rights of any person, and you must have permission from any person who appears in a photo or voice message you post.
13. Intellectual Property
13.1 Lyraa Care and its licensors own all right, title, and interest, including all intellectual property rights, in and to the Platform, including its software, architecture, design, branding, and interfaces.
13.2 You retain ownership of your Content. You grant Lyraa Care a non-exclusive, worldwide, royalty-free licence to use, host, store, adapt, and process your Content only to provide the Services to you and your Care Circle, and as described in the Privacy Notice. We do not sell your Content or use it for advertising.
14. Data Protection and Privacy
14.1 Lyraa Care's collection and handling of personal data is governed by the Privacy Notice, which forms an integral part of your agreement with Lyraa Care.
14.2 You acknowledge that the Services involve the processing of personal data, including sensitive personal data such as information about an Anchor's health, including logged vitals. Lyraa Care processes such data on the basis of the consent you give in the app, in accordance with the Privacy Notice.
14.3 Where you provide personal data relating to an Anchor or any third party, you expressly represent, warrant, and undertake that:
(a) you have obtained explicit, clear, and informed consent from the Anchor (or their legally appointed representative) to share their data with Lyraa Care in accordance with the Personal Data Protection Act 2010; or
(b) you are lawfully authorised to act and give consent on the Anchor's behalf, for example under a power of attorney or a court order.
14.4 To the extent permitted by law, you agree to indemnify Lyraa Care against any claims, losses, or costs, including any regulatory fine, to the extent that they are caused by your breach of Clause 14.3.
15. Location and Safety Alerts
15.1 The Platform includes safety alerts, including location alerts that notify the Care Circle when an Anchor arrives at or leaves a place set up by their Care Circle, and the daily check-in, which can alert the Care Circle if an Anchor does not respond.
15.2 Location alerts are turned on only with the consent of the Anchor, given through the Anchor's own Account, and can be turned off at any time in the app. Location is shared only with the members of the Anchor's Care Circle.
15.3 Safety alerts depend on the Anchor's device, its settings, battery, and network connection. They may be delayed or fail, and they are not a monitoring, tracking, or emergency response service.
16. Disclaimer of Warranties
16.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO THE CONSUMER PROTECTION ACT 1999 ("CPA"), THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
16.2 LYRAA CARE EXCLUDES ALL IMPLIED WARRANTIES, TERMS, OR CONDITIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING ANY IMPLIED TERMS UNDER THE SALE OF GOODS ACT 1957 AND THE CPA). LYRAA CARE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
16.3 NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY CONSUMER GUARANTEE, RIGHT, OR REMEDY CONFERRED ON YOU BY THE CPA WHICH CANNOT LAWFULLY BE EXCLUDED, INCLUDING THE STATUTORY GUARANTEE THAT LYRAA CARE PLATFORM SERVICES WILL BE RENDERED WITH REASONABLE CARE AND SKILL.
17. Limitation of Liability
17.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LYRAA CARE SHALL NOT BE LIABLE FOR ANY INJURY, DEATH, LOSS, HARM, OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE ACTS, OMISSIONS, NEGLIGENCE, OR CONDUCT OF ANY HELPER, MEMBER OF A CARE CIRCLE, OR OTHER THIRD PARTY. THIS INCLUDES, WITHOUT LIMITATION, ANY THEFT, LOSS, OR MALICIOUS OR ACCIDENTAL DAMAGE TO PERSONAL PROPERTY CAUSED BY ANY HELPER OR MEMBER OF A CARE CIRCLE.
17.2 SUBJECT ALWAYS TO CLAUSE 17.4, LYRAA CARE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED RINGGIT MALAYSIA TWO HUNDRED (RM200).
17.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO CLAUSE 17.4, LYRAA CARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE, OR FOR ANY LOSS OF PROFIT, REVENUE, DATA, OR GOODWILL.
17.4 NOTHING IN THESE TERMS EXCLUDES, LIMITS, OR MODIFIES ANY STATUTORY GUARANTEE, RIGHT, OR REMEDY CONFERRED ON YOU BY THE CONSUMER PROTECTION ACT 1999 WHICH CANNOT LAWFULLY BE EXCLUDED. THIS INCLUDES LYRAA CARE'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED DIRECTLY BY LYRAA CARE'S OWN NEGLIGENT FAILURE TO PROVIDE THE PLATFORM WITH REASONABLE CARE AND SKILL, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
18. Indemnity
18.1 You agree to indemnify and hold harmless Lyraa Care and its officers, employees, and affiliates against any claims, losses, liabilities, damages, and reasonable costs (including legal costs) arising from or in connection with your material breach of these Terms, your negligent acts or omissions, or your deliberate violation of any applicable law or the rights of any third party.
19. Suspension and Termination
19.1 Lyraa Care may suspend or terminate your access to the Platform, in whole or in part, if you breach these Terms, if required by law, or where Lyraa Care reasonably considers it necessary to protect the safety, rights, or property of any person.
19.2 You may delete your Account at any time in the app or by contacting us. Your Account and your own Content are deleted in accordance with the Privacy Notice. Deleting your Account does not affect the Account of any other user, including the Anchor, or the Care Circle. Any provision that by its nature should survive termination, including Clauses 7, 10, 13, 14, 16, 17, 18, and 22, shall survive termination.
20. Services Availability
20.1 Lyraa Care does not guarantee that the Platform or any Service will be available, continuous, or uninterrupted, and may modify, suspend, or withdraw any feature at any time.
21. Changes to These Terms
21.1 Lyraa Care may amend these Terms from time to time. Where an amendment is material, Lyraa Care will provide you with at least fourteen (14) days' prior notice through the Platform, via email, or by other reasonable means before the changes take effect. Your continued use of the Platform after the amendment takes effect constitutes your binding acceptance of the amended Terms. If you do not agree to the amended Terms, you may stop using the Platform and delete your Account before the changes take effect.
22. Governing Law, Jurisdiction, and Dispute Resolution
22.1 These Terms, and any disputes or claims arising out of or in connection with them or their subject matter, are governed by, and shall be construed in accordance with, the laws of Malaysia.
22.2 You are encouraged to contact Lyraa Care first so that any concerns may be resolved informally. Subject to Clause 22.3, any dispute, controversy, or claim that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Malaysia.
22.3 Nothing in these Terms excludes, restricts, or modifies any right you may have, as an individual consumer, to bring a statutory claim before the Tribunal for Consumer Claims Malaysia (TTPM) in accordance with the Consumer Protection Act 1999.
23. General
23.1 Notices to Lyraa Care must be sent to the contact address published on the Platform and are deemed given upon receipt. Lyraa Care may give notice to you through the Platform or to the contact details associated with your Account.
23.2 You may not assign or transfer your rights or obligations under these Terms without Lyraa Care's prior written consent. Lyraa Care may assign or transfer its rights and obligations, including in connection with a reorganisation, merger, or sale of business.
23.3 If any provision of these Terms is held to be invalid or unenforceable, the provision shall be severed, and the remaining provisions shall continue in full force and effect.
23.4 No failure or delay by Lyraa Care in exercising any right shall operate as a waiver of that right.
23.5 Lyraa Care shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control.
23.6 A person who is not a party to these Terms shall have no right to enforce any of its provisions.
23.7 These Terms, together with the Privacy Notice and any separate written agreements executed between you and Lyraa Care, constitute the entire agreement between you and Lyraa Care in relation to the Platform and supersede any prior arrangement, understanding, or agreement relating to the same subject matter.
24. How to Contact Us
24.1 You may contact Lyraa Care regarding these Terms or any Platform enquiries at hello@lyraacare.com.