Memento Cloud Terms of Service
Last updated on October 20th, 2019
By using the Memento Cloud (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Violation of any of the terms below may result in the termination of your account. Memento reserves the right to update and change these Terms of Service without notice.
1. Your Memento Account
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Memento with an electronic mail address and other information. You are responsible for safeguarding your Memento login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.
2. Copyright and Content Ownership
Our service allows you to upload, download and store content, including but not limited to, information, text, graphics, audios, or other material (“Content”). You retain ownership of any intellectual property rights that you hold in that Content. All content uploaded on the Service must comply with U.S. copyright law. We reserve our right at all times, but are not obligated, to remove or refuse to distribute any Content through the Service including your Content.
3. General Conditions
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. You may only use our Service as permitted by law. You must not modify, adapt or hack the Service.
The Memento 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, and (v) any errors in the Service will be corrected.
You expressly understand and agree that the Memento 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 the Company 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) unauthorized 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.
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 consent to such changes.
Additional groupings of features may be added to the Service and made available to You as a paid upgrade ("Paid Plan"). If You choose to subscribe to a Paid Plan. All payments are processing by a third party (via Google - for Android app and via FastSpring - for the Desktop app), you are agreeing to the third party’s payment terms, and Memento is not a party to the transaction. As long as Your Account remains active and in good standing, You will be charged the Subscription Fee even if You never use the service. You may, however, cancel Your Paid Plan at any time. If Your Subscription Fee payment is overdue, Memento will disable Your access to the features provided by the Paid Plan.Within thirty (30 days of your Paid Plan payment data as shown on your payment bill, you can request a full refund by contacting us. No refund of any kind will be permitted after thirty (30) days of your Paid Plan date.
You may access your Service data via the Application Program Interface (“API”). By using API, you are automatically bound by the Terms. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API.
6. No resale of the service
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 permission by Memento.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org