Welcome to Memoryter. These Terms of Service ("Terms") govern your access to and use of the Memoryter website, mobile application, and services (collectively, the "Service"). Please read these Terms carefully, as they constitute a binding legal agreement between you and Memoryter Inc. ("Memoryter," "we," "us," or "our").
1. Acceptance of Terms
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. If you are accessing or using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Changes to Terms
We may modify these Terms at any time. If we make changes, we will provide notice by updating the date at the top of these Terms and by maintaining a current version of the Terms at memoryter.com/terms. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
3. Privacy Policy
Our Privacy Policy, available at memoryter.com/legal/privacy, describes how we collect, use, and disclose information about you in connection with your use of the Service. By using the Service, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.
4. Account Registration and Security
To use certain features of the Service, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
5. Licenses and User Content
By submitting, posting, or displaying content on or through the Service ("User Content"), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing the Service.
You represent and warrant that: (i) you own the User Content or have the right to grant the rights and licenses in these Terms; and (ii) the User Content does not violate the privacy rights, publicity rights, copyrights, contractual rights, or any other rights of any person.
6. Prohibited Conduct
You agree not to:
- Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service;
- Use the Service in any way that violates applicable laws or regulations;
- Attempt to circumvent any content-filtering techniques or security measures we employ;
- Use any automated means to access or use the Service, or to extract data from the Service;
- Use the Service for any illegal or unauthorized purpose;
- Harass, threaten, intimidate, or harm any other user or third party, or engage in behavior that Memoryter deems inappropriate.
7. Intellectual Property Rights
The Service and its content, features, and functionality are owned by Memoryter and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms do not grant you any right, title, or interest in the Service or any content created by Memoryter.
8. Subscription and Payment
Some features of the Service may require a subscription or purchase. Payment terms will be displayed when you subscribe or make a purchase. You agree to pay all charges associated with your use of the Service at the prices then in effect.
We may adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes to your subscription will take effect following notice to you.
9. Termination
We may terminate or suspend your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service or contact us for account deletion.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11. Limitation of Liability
IN NO EVENT WILL MEMORYTER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE.
12. Indemnification
You agree to defend, indemnify, and hold harmless Memoryter, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
13. Governing Law and Jurisdiction
These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
14. General Terms
These Terms constitute the entire agreement between you and Memoryter regarding your use of the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
15. Contact Information
If you have any questions about these Terms, please contact us at: legal@memoryter.com.
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