Memori Terms of Service
Last updated on September 1, 2023.
The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Memori World Inc. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products.
What the Terms of Service covers.
Thanks for using Memori! (the Service). Memori is a service provided by Memori World PTE. LTD. The terms of service below constitute a contract between you and Memori World PTE. LTD, and govern your access to and use of the Service. You can access the Service via our websites, mobile apps and web applications (App(s)), which together constitute the Service. You agree to the Terms of Service by using or accessing the Service. Please note that we do not provide warranties for the Service. The Terms of Service also limits our liability.
Use of the Service.
In using the Service, you will obey applicable laws, follow other notices provided by Memori, and promptly notify Memori if you learn of a security, law, or guidelines breach related to the Service.
In using the Service you agree you will not engage in, facilitate or further conduct what is threatening, harmful, or unlawful. You may not use the Service in a way that harms, threatens, or harasses another person, organization, Memori, our advertisers, affiliates, or customers. You agree you will not use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”). You agree you will not use any automated process or service to access and/or use the Service or use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service. You agree you will not damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with anyone’s use and enjoyment of the Service. You also agree you will not use the service to build a similar service, site, or platform.
The Service allows you to (among other things):
- Create a Memori account
- Back up mobile device content to your Memori account
- Back up social media content to your Memori account
- Link your other cloud services to your Memori account
- View your backed-up and linked content in your Memori account
By using the Service, you represent that you are fully authorized to perform or enable these features (including accessing content on your mobile device and backing it up to your Unlimited Cloud account(s) based on the type of subscription you avail (Free/paid).
The free service doesn’t include back up and restore of user data. Data viewed in the free service is available via third party cloud services, and we are unable to guarantee availability of such data.
The Service may link to third-party websites, services, and resources. We do not endorse and are not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.
Software.
Using the Service requires you to create an account to the service through a web browser on your smartphone, tablet computer, PC or otherwise, as well as installing a mobile app on your phone and backing up content. Depending on your mobile carrier plan, standard or other mobile carrier charges may apply due to your use of the Service. Memori provides you a limited, nonexclusive, nontransferable, revocable license to use the App(s), solely to access the Service. Your license to use the Software is automatically revoked if you violate these Terms. You may not reverse-engineer, copy, distribute, modify, lease, or sell any part of our Service. Memori may update the App(s) accessible on your devices when a new version becomes available.
Your Service Account.
To use the Service you need to sign up for a Service Account. Only you may use your Service Account. You are responsible for all activity that takes place in connection with your Service Account or any associated account(s). You may not authorize any third party to access and/or use the Service on your behalf except where the third party provides a mechanism for third parties to access the Service on your behalf. You should notify Memori immediately of any unauthorized use of your account.
You must keep your account information current. The Service is not for use by you if you are under 13 years of age (or older, in some areas). By agreeing to these Terms, you represent that you are over 13 and that no local laws restrict your ability to sign up for and use the Service.
Your Content.
When you use our Services, you can provide us with selected content from your mobile phones, social media accounts or access to content from your other cloud accounts (“Your Content”). Your Content is yours. These Terms don’t give us any rights to Your Content except for the limited rights that enable us to offer the Services.
We need your permission to do things like accessing your personal data and backing up Your Content. Our Services also provide you with features like photo thumbnails and video steaming content that you’ve backed up from your phone. These and other features may require our systems to access, store, and scan Your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with as needed.
You are responsible for Your Content. You assume all risks associated with Your Content, its accuracy, completeness or usefulness, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of your content.
You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Keep in mind that you may also be subject to terms and conditions stipulated by other service providers you may use to store your Content. By agreeing to these Terms, you represent that your use of the Service complies with the referenced terms and conditions of other service providers.
Privacy.
In order to operate and provide the Service, we collect certain information about you. We use and protect that information as described in our Privacy Policy. Personal information collected through the Service is stored and processed in the United States.
Changes to the Service.
Memori reserves the right to modify, update, or change the Service at any time and for any reason without notice or liability.
Your Notices and Feedback.
You may notify us or send feedback via our contact form. You agree that we may use any notifications or feedback you provide without obligation to you.
Termination and Cancellation.
Memori may terminate or suspend your Service Account or ability to use the Service, in whole or in part, at its sole discretion, for any or no reason, and without notice or liability of any kind. For example, your Service Account may be terminated or suspended if you misuse the Service. Any such termination or suspension could prevent you from accessing the Service and Your Content, or any other information related to the use of the Service. You may cancel your Service Account at any time, with or without cause. Even without actually cancelling your account, you can delete your backed-up content at any time.
If you decide to cancel your payment subscription, your account will remain active until the end of that billing period, after which time your account will be cancelled.
After cancellation of your account, Your Content will be deleted from our systems. However, we reserve the right to maintain certain basic records after cancelation, such as records reflecting that you once had an account with us.
No Warranties.
Memori provides the Service as-is, with all faults and as available with no guarantee to the accuracy or timeliness of information available from the Service. Memori gives no express warranties, guarantees or conditions and excludes any implied warranties. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. Memori has no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Service.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Included are any service disruptions caused by failures or disruptions or updates of any of Memori’s partners and suppliers, including but not limited to our Cloud Server, server hosting company, ISP, credit card clearing company or any other technology partners and suppliers that Memori depends on. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
General Payment Terms.
Free package of the service would not require any fees. The monthly subscription of the Service will require you to pay fees upon registering for the service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. The company reserves the right to change the fees at any time.
Authorization.
You authorize Memori World PTE. LTD. to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Memori, to the payment method specified in your account. If you pay any fees with a credit card, Memori may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Refund
Memori believes in a fair refund policy. If you forgot to cancel and were just charged, or if you haven’t used your account since the last charge, we’d be happy to review your account usage and see if you are eligible for a refund.
Subscription Service
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Memori to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings at: https://www.memori.world/
Cancellation Policy.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Memori any unpaid amount that was due prior to termination, and (d) all payment obligations accrued prior to termination will survive.
Upgrading from Free plan to paid Subscription plan
You can upgrade your free plan to the paid subscription plan at any time. You will be required to pay the package fee at the time of upgrade.
Trademark Notices and Copyright.
Memori is a trademark of Memori World PTE. LTD. The Software and other technology we use to provide the Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Memori trademarks, logos, domain names, or other brand features.
Hold Harmless.
You agree to indemnify, defend and hold harmless Memori, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys’ fees, arising from (i) your use of the Service, including, but not limited to, all content therein and any products or services obtained by you through the Service, (ii) the violation of these Terms of Service by you, (iii) the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation.
Limited Liability.
You expressly agree that Memori shall not be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, even if Memori has been advised of the possibility of such damages, resulting from the (i) use or the inability to use the Service; (ii) cost of procurement of substitute goods and services; (iii) any goods or services purchased or obtained or content received or transactions entered into with Memori or a third party through the use of the Service; (iv) inaccuracy of any information obtained from use of the Service or reliance on such information; or (v) unauthorized access to your account or alteration of your account or data. You specifically agree that Memori is not responsible or liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the Service, or for any infringement or violation of your rights by any other party, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy.
Jurisdiction and Governing Law.
The Service is controlled and operated by Memori from Singapore and is not intended to subject Memori to the laws or jurisdiction of any territory other than that of Singapore. Memori does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. Memori may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
You agree that your information may be transferred to, stored, and processed where our servers and central database are located and operated, and in using our services, you agree that your information may be transferred to our facilities and those third parties with whom we share it as described in our Privacy Policy.
Changes to the Terms of Service.
Memori may revise this Terms of Service from time to time. If changes to this Terms of Service are made, that in our sole discretion, are material, we will notify you either by posting a notice of such changes prior to implementing the change on the Service and/or via the email associated with your Service Account. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Terms of Service.
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