END USER LICENSE AGREEMENT
This Agreement constitutes a legally binding agreement between users of the Memorify app services (“You”) and Numbase SAL Offshore in connection with the Memorify app (“Company,” “we”, “us” or “our”).
By registering to Memorify and/or by using Memorify app Services, You agree to;
Be bound by this Agreement in its entirety and without reservation. If You do not agree to any of the provisions of this Agreement You should immediately stop using the Memorify services.
Accept and agree to the Memorify app Rules
The Memorify app is not sponsored, endorsed, administered by, or associated with Apple Inc. or its subsidiaries or affiliates.
2. Terms Acceptance
- The Services may be subject to additional terms and conditions specified by us from time to time. Using such Services is subject to those additional terms and conditions.
- By using the services, you agree that you waive your right to participate in a class action lawsuit or class-wide arbitration.
You are at least 17+ years of age, and I am in full knowledge that by using the Service, I represent and warrant that I have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement and agree
You represent and warrant that you are an individual person at least 17 years of age. If you are under age 17, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
4. Sign up & Log in
To sign up or Log in for the Services, we may require you to register for an Account on the Services (an "Account") or Sign up/Log in via social media platforms, or other platform or authentication mechanism (a “Third Party Account”). You must provide accurate and complete information and keep your Account information updated. If you provide any information that is inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Company may deny you access to the services.
You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account and login credentials secure. You may never use another person’s user Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
- The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
- All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain ownership of any and all User Content created and/or uploaded by you. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
- All Content added by users may be used by us at our sole discretion and may be published, distributed, or edited by us.
- We do not guarantee that any content available through our app and services is accurate and error free.
6. Behavior Rules
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty, including but not limited to, facilitating the rebroadcast of the Services.
uses the Services for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
results in the creation or operation of multiple user accounts;
creates multiple entries into the services or s, by any means, including multi-accounting;
logs an Account into multiple devices simultaneously;
- you know is false, misleading, untruthful or inaccurate, including, but not limited to, providing inaccurate contact or Account information;
results in the sale or transfer of your Account;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");
- logs an Account into more than five different devices over the course of the history of the Account;
- logs multiple Accounts into a single device over the course of the history of any of the Accounts;
promotes or links to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content; or
- contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- is designed or intended to obtain password, Account, or private information from any user;
- impersonates any person or entity, including any of our employees, representatives, or users;
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the App without our express written permission; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
- includes anyone’s identification documents or sensitive financial information.
7. Third-Party Services
The Services may permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the App (including, without limitation, sites and services to synchronize video to music). These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link or access does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
8. Location-Based Services
We may offer features that are based on the location of users and which may report on the locations of those users as they use the Services (the "Location-Based Services"). You may partake in using these Location-Based Services solely at your own discretion, and may opt out of providing such information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Service.
9. Use of Accounts
In order to login in Memorify via the Memorify Services, you will have to open a Account which will constitute Your Memorify identification thereafter for as long as You use the Memorify Services by personally opening an Account You hereby confirm and acknowledge that:
- a. You are at least 17 years of age or such higher minimum legal age of majority as stipulated in the laws of jurisdiction applicable to You and, under the laws applicable to You.
- c. As we understand the importance of the Information we receive from you, when using the app, we may collect, store and use the following personal information:
- i. information about the device from which you access our app (such as device identification, IP address, operating system, and version);
- ii. technical information about the app (such as version) you have installed;
- iii. information about your use of the app
- iv. Information you have notified when you registered or afterwards in our app (such as e-mail address, country, name, user ID and language.
- d. We may use your personal data for:
- i. Normal operation of the app
- ii. Improve your user experience by personalizing the app, based on your use of the app
- iii. sending you information related to the app
- iv. Replying to e-mails you have requested
- v. Processing requests or complaints concerning Memorify App.
- vi. To help you use our service securely
- vii. Preventing your account from any Fraud.
- viii. Provide, improve and develop Memorify App accounts and activity, and to promote safety and security of our app, such as by investigating suspicious activity or violations of our terms or policies
- e. We may access, preserve and share your information in response to a legal request if we have a good faith belief that the law requires us to do so. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others. Information we receive about you, including financial transaction data, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies.
- f. We hereby, assure you that keeping your data safe is a priority to us, and therefore we are committed to respecting your privacy and safeguarding your personal data. Nevertheless, if we were required by law to share any of your information, we or any of the companies working on our behalf always do so securely without sharing more than needed following high standards.
- g. You are solely responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with Your use of the Memorify Services.
- h. You are responsible for maintaining the confidentiality of Your Account including Your Username and Password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account. You must keep Your Username and Password confidential and You should not disclose them to any other individual.
- i. You shall be solely responsible for all transactions conducted in relation to your Account using your Username and Password. Every person who identifies himself/herself by entering Your correct Username and Password is assumed by Us to be You and all transactions where the Username and Password have been entered correctly will be regarded as valid and authorized by You.
- j. Memorify retains full authority over the issuing, maintenance, and closing of Accounts at Memorify. However contractual obligations already made will be honored. The decision of the Memorify management as regards any aspect of a User's Account and use of the Memorify Services is final, binding.
- a. If You have a complaint, You can check the below link where you will
find all the ways you can contact us on: firstname.lastname@example.org
- b. We will use best efforts to resolve a reported matter promptly.
Complaints will be escalated internally according to the urgency and
nature of the complaint, and once a solution has been identified it will
be made known to You immediately.
11. NO WARRANTY
THE Memorify, INTERACTIVE SYSTEM, AND THE SITE AND MOBILE CONTENT ARE PROVIDED "AS IS". WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE Memorify , INTERACTIVE SYSTEM, OR THE SITE AND MOBILE CONTENT, OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATION.
WE MAKE NO WARRANTY THAT THE Memorify Competition , INTERACTIVE SYSTEM, AND THE SITE AND MOBILE CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER, OR THE MOBILE DEVICE, THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE Memorify SERVICES.
IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE Memorify SERVICES OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, OR MOBILE DEVICE, WE SHALL IN NO WAY BE LIABLE TO YOU AND WE RESERVE THE RIGHT TO VOID ALL Memorify S IN QUESTION AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS SAVE THAT WE ARE NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
WE SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, OR MOBILE DEVICE COMPANY, OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE Memorify SERVICES.
12. Limitation of Liability
- a. Your decision to use the Memorify Services is made at your own discretion and risk.
- b. We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with Your use of the Memorify Services whether direct or indirect, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of information, or any other pecuniary or consequential loss (even where We have been notified by you of the possibility of such loss or damage).
- c. We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with Your use, of any link used in connection with the Memorify Services. We are not responsible for the content of any linked sites.
- d. You confirm that We shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Memorify Services.
- a. You agree to fully indemnify, defend and hold Us, and Our officers, directors, employees, agents, contractors and suppliers, harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of this Agreement by You, and any other liabilities arising out of Your use of the Memorify Services or use by any other person accessing the Memorify Services using Your User identification, whether such use is with or without Your knowledge and/or express authorization.
14. Changes to the Terms
- c. Any use of your Account will be considered an indication of your awareness and acceptance of such changes made by Us.
- a. By signing this Agreement and ticking the appropriate box upon registration You hereby agree to receive any communications or advertising from Memorify regarding its services or products including by electronic mail and SMS. Should You wish to "opt-out" of receiving communication from us at any time please let us know by sending a message with the word "remove" to email@example.com
- b. We reserve the right to suspend, change, modify, add or remove any Memorify Services without any prior notice to Our User’s and with immediate effect. We shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against Memorify in such regard.
- c. You agree that We may, at our sole discretion, assign this Agreement, in whole or in part, to any third party or person without prior notice to you, and you will be deemed as having given you to consent to such assignment if You continue using the Memorify Services.
- d. You understand that you will receive electronic communications from us, posted via the Memorify Services and/or sent to you via e-mail. All such communications will be considered "in writing" and will be considered received by you at once, whether you have actually received them or not.
- e. The enforceability or validity of any part of this Agreement shall not affect the validity and enforceability of the remainder of this Agreement.
- f. This Agreement contains the entire agreement between You and Us relating to use of the Memorify Services.
- g. This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
- h. No waiver by Us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
- i. Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
- j. Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and Us.
16. Governing law
This Agreement shall be governed by, and interpreted in accordance with, the laws of England therefore, you irrevocably submit, for Our benefit, to the exclusive jurisdiction of the courts of UK to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, this Agreement or otherwise arising in connection with this Agreement.
17. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Memorify will have no liability or responsibility with respect thereto. Memorify reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
18. Entire Agreement
20. Legal Compliance
- a. The availability of the Memorify Services does not construe an offer or invitation by Us to use the Memorify Services if you reside in a country or region in which such use is currently forbidden by law, or within any jurisdiction where Memorify, in its sole discretion, elects not to offer the Memorify Services.
- b. You accept sole responsibility for determining whether Your use of the Memorify Services is legal in the country/region where You live and/or in any country/region where You log on to use the Memorify Services. Memorify shall not be responsible for any illegal or unauthorized use of the Memorify Services by You as We are unable to verify the legality of use in each jurisdiction and it is Your sole responsibility to verify the legality of using the Memorify Services prior to logging on to the Memorify Services. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of Your use of the Memorify Services under the laws of any jurisdiction that applies to You.
- c. You may only use the Services if you are seventeen (17) years old or more.
- d. We reserve the right at any time to request from You evidence of age in order to ensure that minors are not using the Memorify Services. We further reserve the right to suspend or cancel Your Account and exclude You, temporarily or permanently, from using the Memorify Services if satisfactory proof of age is not provided or if We suspect that you are underage and such satisfactory proof is not provided by You within five (5) days of our requesting such proof, Your Account shall be closed and You shall forfeit all funds in Your Account, such decision shall be final, binding and not subject to appeal.
21. Memorify App and Rules
- a. Memorify is a Mobile app
- b. To use the app, users have to sign up/log in using the available mechanisms
- c. Users get to share certain letters with friends or family in the future, or Use it to remind themselves of something, or even use it as a time capsule.