Thank you for using Memorious!
These Terms of Use (“Terms”) apply to your use of Memorious’s website, applications, software, and related services (collectively, the “Services”). These Terms form a binding contract between you and Memorious, Inc. (“Memorious,” “we,” “us,” or “our”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
You must be at least 13 years old to use the Services. If you are under 18, you must have your parent or legal guardian’s permission to use the Services, and they must agree to these Terms on your behalf.
To access the Services, you need to register for an account. You agree to provide accurate, current, and complete information. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.
You may not use the Services to:
You may provide input to the Services (“Input”), such as text prompts, files, images, or audio. As between you and Memorious, you retain all ownership rights in your Input.
Subject to your compliance with these Terms, Memorious hereby assigns to you all its right, title, and interest in and to the content generated by the Services in response to your Input (“Output”). This means you can use the Output for any purpose, including commercial purposes such as sale or publication, at your own risk.
To provide and maintain the Services, we need to process your Input and Output. You grant Memorious a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, and modify your Input and Output solely as necessary to provide, maintain, and improve the Services.
Training: Please refer to our Privacy Policy regarding how we may use Content to train our models and your available choices for opting out of such training.
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. However, given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts.
You agree that:
Some parts of our Services are billed on a subscription basis (“Subscription”). If you choose to subscribe, you will be billed in advance on a recurring and periodic basis (such as monthly or annually).
You may cancel your Subscription at any time through your account settings. Your cancellation will take effect at the end of the current billing period. We do not provide refunds for partial subscription periods unless required by law.
We may change our prices at any time. If we do, we will provide notice to you (e.g., via email or within the Service) before the change takes effect.
You may be given access to Confidential Information of Memorious (e.g., beta features). You agree to use it only for the permitted purpose and to not disclose it to third parties.
We implement reasonable security measures to protect your content. However, no data transmission over the Internet is 100% secure, and we cannot guarantee the absolute security of any information you transmit to us.
Our Services may allow you to integrate with third-party software or services (e.g., Google Drive, Slack). Your use of those third-party services is subject to their own terms and policies. Memorious is not responsible for the operation or security of any third-party services.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ENGRAMME, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ENGRAMME NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify, and hold harmless Memorious, its affiliates, and its personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Input, Output, or your breach of these Terms or applicable law.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
You and Memorious agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
These Terms will be governed by the laws of the State of California, without regard to its conflict of law principles.
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations freely.
These Terms contain the entire agreement between you and Memorious regarding the Services and supersede any prior agreements.
We may update these Terms from time to time. If we make material changes, we will notify you (e.g., by posting a notice on our website or sending an email). By continuing to use the Services after those changes become effective, you agree to the revised Terms.
If you have questions about these Terms, please contact us at contact@memorious.io