Terms & Conditions

Effective Date: September 18, 2023

INTRODUCTION

Welcome to MemoMate, a platform designed to engage people in conversation for creating biographies, memoirs, and other written legacies. For specific partners, with the user's explicit consent, the platform may offer care recommendations and feedback based on gathered information. Before you, the user or browser ("You"), start using the MemoMate platform (the "Platform"), which includes MemoMate's application programming interfaces ("APIs") and mobile applications ("Mobile Applications"), it is essential that You carefully review the following Terms and Conditions (the "Terms"). Additional terms and conditions on specific pages of the Platform may also apply, all of which are incorporated by reference into these Terms. MemoMate reserves the right to modify or update these Terms at any time, but the most current version will always be available here. We recommend that You periodically review this page to stay up-to-date. BY USING OR BROWSING THE PLATFORM, REGISTERING FOR ANY SERVICE PROVIDED BY MEMOMATE, OR UTILIZING ANY FEATURES OF MEMOMATE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE OR BROWSE THE PLATFORM.

For questions about these Terms, you may contact us at info@MemoMate.app. MemoMate owns and operates the Platform and will be referred to as "MemoMate"/"We"/"Us" throughout these Terms.

TERM AND TERMINATION

You are bound by these Terms upon accessing the Platform. MemoMate reserves the right to suspend or permanently terminate the Platform or Your access to it at any time, for any reason, with or without prior notice, including but not limited to the following:

  • Violation of these Terms or other policies or guidelines set by MemoMate.
  • Conduct that MemoMate believes could be harmful to other MemoMate users, the business of MemoMate, or third parties.
  • Failure to engage in active participation if you are a registered user.
  • Conduct violating the letter or spirit of these Terms.
  • Immediate termination upon notice from a third party that you have infringed on an intellectual property right, including but not limited to copyright, patent, or trademark infringement.

Upon termination, We may remove or destroy any or all content, including but not limited to, information, written communication, biographies, memoirs, mood assessments, image files, or any other content uploaded by You. You agree that We have the right to remove and discard such content without any liability to You.

CONTENT AND OWNERSHIP

Any and all content that you submit, including but not limited to, memoirs, biographies, images, and mood assessments, remains your intellectual property. However, by using the Platform, you grant MemoMate a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, display, reproduce, re-post, and translate the submitted content for the purposes of operating and providing the services.

PRIVACY AND DATA SECURITY

Your privacy is of the utmost importance to us. All personal and sensitive information provided will be treated in accordance with our Privacy Policy, which is incorporated by reference into these Terms. It is essential that you read the Privacy Policy to understand how we collect, use, and protect your information.

LIMITATION OF LIABILITY

MemoMate shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or use, whether in an action in contract, tort, or otherwise, arising out of or in any way connected with the use of or inability to use the Platform or services.

GOVERNING LAW

These Terms shall be governed by the laws of the Netherlands, without regard to its conflict of law provisions.

By using or accessing MemoMate, you are agreeing to these Terms. If you do not agree, do not use the Platform. Thank you for choosing MemoMate, and we look forward to enriching the lives of seniors and caregivers.

ACCESS TO API/REGISTRATION PROCEDURES

To gain access to certain APIs, you may be required to provide specific information, such as identification or contact details, either as part of the API registration process or for your continued use of the APIs. You agree to provide information that is accurate, current, and complete at all times, and to promptly update such information as needed.

You will comply with all applicable laws, regulations, and third-party rights, including but not limited to laws regarding the import or export of data or software, privacy, and local laws. You will not use the APIs to encourage or promote illegal activities or the violation of third-party rights. You also agree not to violate any other MemoMate (or its affiliates) terms of service while using the APIs.

API access must only occur via the means described in the relevant API documentation. If MemoMate assigns developer credentials (e.g., client IDs) to you, you must use them in compliance with the applicable APIs. You agree not to misrepresent or conceal your identity or your API client's identity when using the APIs or developer accounts.

MemoMate reserves the right to set and enforce limits on your use of the APIs, such as limiting the number of API requests you may make or the number of users you may serve, in our sole discretion. You agree not to attempt to circumvent any such limitations as documented with each API. If you wish to use any API beyond the imposed limits, you must obtain MemoMate's explicit consent. MemoMate may decline such requests or condition approval upon your agreement to additional terms or charges. To seek approval, contact the relevant MemoMate API team for more information.

ACCESS TO PLATFORM/REGISTRATION PROCEDURES

You agree to use the MemoMate Platform in accordance with these Terms, as they may be modified from time to time, and in compliance with other terms, conditions, and procedures posted throughout the Platform. You also agree to comply with all applicable international, federal, state, and local laws and regulations at all times.

To access and utilize the Platform Services, you must have access to the World Wide Web and be responsible for any access fees associated with it.

For full benefits of the Platform Services, you will need to register and provide specific information about yourself. By using the Platform Services and submitting such information, you represent and warrant the following:

  • You are at least 13 years of age.
  • The information you provide about yourself is complete, accurate, and current.
  • You agree to promptly update such information to maintain its accuracy.

By using or accessing MemoMate, you confirm your agreement to these additional clauses, as well as the overall Terms & Conditions as outlined above. If you do not agree, please refrain from using the Platform.

USER AND MEMBER CONDUCT

RESPONSIBILITY FOR USERS

You understand that all information, text, images, graphics, video, messages, or other materials ("Content") posted or shared by users are the sole responsibility of the person who originated such Content. Therefore, You, not MemoMate, are solely responsible for all Content that you upload, post, or otherwise transmit via the Platform's services ("Platform Services"). MemoMate does not pre-screen or control the Content posted via the Platform Services and makes no representations about the accuracy or quality of such Content. While adult or sexually explicit content is strictly prohibited by these Terms, MemoMate does not pre-screen all Content; therefore, you may encounter content you find objectionable. MemoMate is not liable for any Content, including any errors or omissions in any Content, or any loss or damage incurred as a result of the use of any Content.

PROHIBITED USERS

Your use of the Platform and Platform Services is for personal purposes. Any unauthorized use of the Content or Platform Services is strictly prohibited. Specifically, you agree not to:

  • Use the Platform in a way that harms, disrupts, or interferes with the Platform or its use by others.
  • Misappropriate or attempt to misappropriate any part of the Platform, including personal information of other users.
  • Upload, post, or otherwise transmit adult or sexually explicit content.
  • Upload, post, or otherwise distribute Content that is unlawful, threatening, defamatory, or racially or ethnically objectionable.
  • Share Content you do not have the right to make available due to legal, contractual, or ownership restrictions.
  • Infringe on any third party's intellectual property rights, including patents, trademarks, copyrights, or trade secrets.
  • Share unsolicited advertising or promotional materials.
  • Create links to the Platform without our express written permission.
  • Copy, reproduce, or distribute any MemoMate graphics, logos, or other proprietary information without our permission.
  • Exploit any part of the Platform Services for commercial purposes without our express consent.

Representations, Warranties, and Indemnities

If you post Content, you are responsible for the content and assume all risks associated with it. YOU AGREE TO INDEMNIFY AND HOLD MEMOMATE HARMLESS FROM ANY LIABILITY ARISING FROM THE PUBLICATION OF THE CONTENT YOU SUBMIT. You warrant:

  • Your Content will not contain material damaging to MemoMate or other users, including obscene or illegal material.
  • You are responsible for any spelling or grammatical errors in your Content.
  • Your Content is truthful and legally permissible.
  • Your Content complies with all applicable international, federal, state, and local laws.

THIRD-PARTY WEBSITES

MemoMate may provide links to third-party websites. Your use of these third-party sites is subject to the terms and conditions of those sites.

LICENSE TO MEMOMATE

By submitting Content to MemoMate, you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and distribute such Content. This license applies globally and encompasses any media forms now known or later developed.

MEMOMATE OWNERSHIP OF CONTENT

All materials appearing on this website are our intellectual property or that of our licensors, individual contributors, or advertisers, and are shielded by U.S copyright law. The content on the website is intended for your individual use. Unauthorized duplication, alteration, distribution, or display of any content from the website is not permitted. Trademarks, logos, and other proprietary graphics owned by us, our affiliates, or third parties must not be copied, modified, or disseminated in any way. For more details, refer to the Site Usage Guidelines.

MEMBERSHIP CONDITIONS

To access our Services for crafting memos or biographies, you'll be required to fill out a registration form and supply a working email address. Failure to provide an accurate email could result in account suspension.

We offer various membership options as outlined on the site. Trial users have the option to convert to standard MemoMate memberships. Accounts can be deactivated if you don't transition to a standard membership following the trial period. Your uploaded data could be removed upon membership termination.

Entries must be flagged as "complete" within your profile for availability in the MemoMate store. Members have a 1GB image storage limit on the website. Supported image formats include jpg, gif, bmp, or png, with a size limit of 1MB per image. Overuse may result in image deletion and you will be notified accordingly.

By using the site, you grant MemoMate the authority to access your content to maintain site integrity and deliver the service.

Should you opt to feature your online memoirs on MemoMate, be aware that these will be visible to all MemoMate users without password protection.

We hold the right to cease operations of the MemoMate website and its associated services at any time. A 90-day advance notice will be displayed on the homepage for existing members. Upon service or membership termination, your stored data will be eliminated without further obligations to you.

DISCLAIMERS AND INDEMNIFICATION

Content contributed by users isn't initially screened by us. Additionally, the site may feature third-party services or products and provide external links. We disclaim any liability for transactions between you and any third party. USE OF THIS WEBSITE AND ITS INFORMATION IS AT YOUR OWN RISK.

THERE ARE NO GUARANTEES. MEMOMATE OFFERS ITS SERVICES "AS IS" AND DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

NO ACCOUNTABILITY. IN ACCORDANCE WITH THE LAW, MEMOMATE AND ITS REPRESENTATIVES WILL NOT BE LIABLE FOR ANY LOSSES SUFFERED FROM USING OUR SERVICES.

INDEMNITY CLAUSE. By utilizing this site, you agree to safeguard MemoMate against any claims, expenses, or liabilities stemming from your site activities. By engaging with the site, you hereby relinquish any claims against MemoMate related to your use of our services.