Registration: In order to use the Platform, you must create an account by providing accurate and complete information, including your phone number or email address. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. If you use the Platform on behalf of another person or entity, you must have the authority to accept the Terms on their behalf.
Deactivation: You may deactivate your account at any time by following the instructions provided on the Platform. Deactivating your account will remove your profile and associated content from public view, but we may retain certain information in accordance with our Privacy Policy.
Usage Requirements
Use of Platform: You may access, and we grant you a non-exclusive right to use, the Platform in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Platform. We and our affiliates own all rights, title, and interest in and to the Platform.
Feedback: We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.
Submissions: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Restrictions: You may not (i) use the Platform in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Platform (except to the extent such restrictions are contrary to applicable law); (iii) use output generated and returned by the Platform based on the input (“Output”) from the Platform to compete with us; (iv) except as permitted, use any automated or programmatic method to extract data or output from the Platform, including scraping, web harvesting, or web data extraction; (v) represent that output from the Platform was human-generated when it is not or otherwise violate the spirit or the letter of our usage terms at our sole discretion; (vi) use the Platform in any manner to compete with us; or (vii), send us any personal information of children under 13 or the applicable age of digital consent.
We reserve the right to remove your account and your content from the platform at any time without notice if we believe you have violated our terms.
Content
Ownership: The Platform allows you to record, type, upload, and import content ("User-Generated Content") which is saved in your profile. You retain all ownership rights to your User-Generated Content, but NOT to any derivative works generated by the Platform including but not limited to transcripts of audio files, titles, summaries, and tags. However, by submitting User-Generated Content on the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, and display your User-Generated Content for the purposes of operating and providing the Platform in accordance with our terms.
Content Sharing: You may share your User-Generated Content with other users on the Platform and externally via the provided channels. You are solely responsible for the content you share, and you represent and warrant that you have all necessary rights to share such content. By providing content to this Platform, you confirm that you are legally allowed to do so and that you are not infringing any statutory provisions and/or third-party rights. We do not claim ownership over any User-Generated Content shared on the Platform.
Prohibited Content: You agree not to upload, post, or share any User-Generated Content that is unlawful, defamatory, infringing, obscene, offensive, or otherwise objectionable. We reserve the right to remove or disable any User-Generated Content and/or associated account(s) that violates these Terms or is deemed inappropriate at our sole discretion.
Use of User-Generated Content to Improve Platform: We may use User-Generated Content from the Platform to help develop and improve our Platform.
We may collect and utilize User-Generated Content, including but not limited to text, images, videos, and other materials that users voluntarily submit or contribute to our platform. We may use the User-Generated Content to improve our platform's functionality, enhance user experience, and develop and refine our services. User-Generated Content may be used for training our platform's machine learning algorithms, enhancing artificial intelligence models, and conducting internal research and analysis. If we do so, we will make reasonable good-faith efforts to protect the privacy and security of User-Generated Content and to ask for express consent where applicable.
We will obtain express consent from you before using your User-Generated Content for marketing purposes or publicly releasing it. We will act in good faith to protect your rights and interests and handle User-Generated Content in a responsible manner.
These provisions regarding the release and usage of User-Generated Content are intended to reflect our best efforts to respect your privacy and preferences. However, you acknowledge that these provisions may not be legally enforceable and do not create any legally binding obligations or rights.
Protection of User Privacy: We are committed to protecting your privacy and personal information in accordance with our Privacy Policy. The collection and use of User-Generated Content will be subject to our Privacy Policy. Any personally identifiable information contained in User-Generated Content will be handled in accordance with our Privacy Policy, except as required by law.
Intellectual Property
Company Ownership: The Platform, including all content, features, and functionality, is owned by the Company and protected to the fullest extent allowable by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or otherwise exploit any part of the Platform without our prior written consent. In particular, but without limitation, you may not (beyond the limits set forth below) copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Platform, nor allow any third party to do so through you or your device, even without your knowledge. Where explicitly stated on this Platform, you may download, copy and/or share some content available through this Platform for its sole personal and non-commercial use and provided that any copyright attributions and all other attributions, representations and restrictions requested by us are correctly implemented.
Trademarks: All trademarks, service marks, logos, and trade names displayed on the Platform are the property of their respective owners, including the Company. You may not use any trademarks without the prior written permission of the owner.
Privacy
Data Collection: We collect and process personal information in accordance with our Privacy Policy. By using the Platform, you consent to our collection, use, and disclosure of personal information as described in the Privacy Policy.
Electronic Communication: By using the Platform, you agree to receive communications from us electronically, including emails, text messages or notifications regarding your account, updates, and promotional materials. You acknowledge that electronic communications are legally binding and satisfy any legal requirement that such communications be in writing.
Users Under 13 Years of Age and Minors
Age Restriction: The Platform is not intended for users under 13 years of age. We do not knowingly collect personal information from individuals under 13. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Platform. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Platform. If you become aware that a user under the age of 13 has provided us with personal information without parental consent, please contact us immediately, and we will take steps to remove the information from our systems in accordance with the provisions set forth in section 4.2.
Modifications and Interruptions
We reserve the right to change, modify, or remove any element of the Platform at any time and for any reason. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform.
Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
Linking External Third-Party Sites or Services
Account Integration: The Platform may offer the option to link your account with external third-party sites or services, such as Google, Apple or Meta accounts. By linking your account, you authorize us to access and use certain information from those third-party accounts, as permitted by their terms and privacy policies.
The Platform may contain links to third-party websites or services. We are not responsible for the availability, content, or accuracy of such websites or services. Your use of third-party sites or services is subject to their respective terms and privacy policies.
Any third party software, services, or other products you use in connection with the Platform are subject to their own terms, and we are not responsible for any third party products.
Use of Communication Services
Platform Features: The Platform may include communication services such as messaging, comments, or forums. You agree to use such services only for lawful purposes and in accordance with these Terms. You are solely responsible for your interactions and communications with other users and agree not to engage in any form of harassment, abuse, or offensive behavior while using or in connection with your usage of the Platform.
International Users
Compliance with Local Laws The Platform is primarily intended for users in the United States. If you access or use the Platform from outside the United States, you are responsible for complying with local laws and regulations applicable in your jurisdiction.
Governing Law
These Terms of Use and your use of the Platform are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
Arbitration
Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform shall be exclusively resolved through binding arbitration. The arbitration shall be conducted by a single arbitrator appointed in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration proceedings shall be governed by the Federal Arbitration Act. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction. By using the Platform, you explicitly consent to binding arbitration.
Class Action Waiver
Class Action Waiver: To the maximum extent permitted by applicable law, you expressly agree that any disputes or claims brought against the Company must be brought on an individual basis and not as a plaintiff or class member in any class, collective, or representative proceeding. In the event of any dispute, claim or controversy, the arbitrator (13.1) shall have no authority to consolidate or join the claims of other individuals or parties who may be similarly situated. By using the Platform, you explicitly consent to the above.
Indemnification; Disclaimer of Warranties; Limitations on Liability
Indemnity: You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Platform, including your Content, intellectual property, products or services you develop or offer in connection with the Platform, and your breach of these Terms or violation of applicable law.
Disclaimer:
THE PLATFORM IS PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE PLATFORM, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
Limitations on Liability:
NEITHER WE NOR ANY OF OUR 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 OR OTHER LOSSES, 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 PLATFORM THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Corrections
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We do not assume liability for any such errors, and reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
Changes to Terms
Modifications: We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Platform. Your continued use of the Platform after the posting of any changes constitutes your acceptance of such changes.
Notification: We may notify you of material changes to these Terms through the Platform or by other means. It is your responsibility to review the Terms periodically and ensure your continued agreement.
Contact Us
If you have any questions or concerns about these Terms, please contact us at support@memory-lane.ai.