Memory AS Terms of Service

‍

Memory AS (Org no. 916 517 203), Karvesvingen 5, 0579 Oslo, is a company registered in Norway. Memory AS owns and controls the services Timely and Dewo ("Services"). Questions about these Terms of Service should be sent to support[at]memory.ai.

By using the memory.ai website ("Service") or any and all services of Memory AS, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Memory may update and change the Terms of Service from time to time. Memory will notify you about significant changes before such changes come into force and give you a possibility to evaluate the effects of proposed changes. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your agreement to such changes. You can review the most current version of the Terms of Service at any time at https://timelyapp.com/terms

Violation of any of the Terms of Service will result in the termination of your Account. While Memory prohibits conduct and content in violation of these Terms of Service, you understand and agree that Memory cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

1. You must be 18 years or older to use this Service.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
5. You are responsible for maintaining the security of your account and password. Memory cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
7. You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading, and Downgrading Terms

1. A valid credit card is required for paying accounts.
2. You are required to add your credit card details and pay to be able to use a premium subscription for any of Memory's services.
3. All plans are billed advance on a monthly or yearly recurring basis. Payments are non-refundable.
4. There are no refunds or credits for partial use of service, upgrade/downgrade refunds, or refunds for unused service with an open or closed account. In order to treat everyone equally, no exceptions will be made.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, except when otherwise required by mandatory law. You are responsible for payment of all such taxes, levies, or duties.
6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
7. Downgrading and or deleting your Service may cause the loss of content, features, or capacity of your Account. Memory does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered a valid cancellation request. You can cancel your account at any time by clicking on the Settings > Subscription > “Downgrade or Cancel and delete my account.” The screen provides a simple cancellation link.
2. All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Memory can terminate or suspend accounts due to breach of these Terms of Service. Termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Inactive accounts will be deleted after 90 days.
5. Following termination of the Service, only aggregated and anonymised data will be kept by Memory for the purpose of machine learning and statistics. Such data does not constitute personal data as defined in applicable privacy and data protection legislation.

Modifications to the Service and Prices

1. Memory reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Memory will notify you about significant changes before such changes come into force and give you a possibility to evaluate the effects of proposed changes and take necessary measures. Notification will be given through the Memory website (memory.ai),the Service itself, or by email.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from Memory. Such notice may be provided at any time by posting the changes to the Memory website (memory.ai) or the Service itself, or by email.
3. Memory shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. All content posted on the Service must comply with Norwegian copyright law and other Norwegian laws.
2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
3. Memory does not pre-screen Content, but Memory and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. The look and feel of the Service is copyright © 2020 Memory AS. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Memory.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. Technical support is only provided to paying account holders and is only available via email.
3. You understand that Memory uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Memory, or any other Memory service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Memory.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Memory customer, employee, member, or officer will result in immediate account termination.
7. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
8. You must not transmit any worms or viruses or any code of a destructive nature.
9. Memory does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that (v) any errors in the Service will be corrected.
10. You expressly understand and agree that Memory shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Memory has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
11. The failure of Memory to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Memory and govern your use of the Service, superseding any prior agreements between you and Memory (including, but not limited to, any prior versions of the Terms of Service).
12. The Terms of Service, and legally binding agreement between yourself and Memory, shall be subject to Norwegian law and Norwegian courts’ exclusive jurisdiction. Oslo city court shall be the agreed legal venue.

‍

Eligibility

In compliance with the General Data Protection Regulation (GDPR), this service is intended only for individuals who are at least 18 years of age or older. By accessing or using this service, you confirm that you are of legal age to use the service. If you are under the age of 18, you are prohibited from accessing or using this service. We take our obligation to protect the personal data of minors seriously and we do not knowingly collect or process personal data of individuals under the age of 18.