Terms of service

Last Modified: July 17, 2024

Welcome to MEMORY MY WAY INC (DBA MAE). Our goal is to sort through the digital clutter that is your photo library and curate the crème de la crème of your photos so you can actually do something with them.

These Terms of Service set forth the terms and conditions that apply to your access and use of our mobile application and any mobile applications we may develop in the future (the “App”), and your engagement with our services, including, without limitation, any purchases you make through the App (collectively, the “Services”). Please review the following terms carefully.

The terms “MAE”, “MEMORY MY WAY INC”, “Memory My Way”, “us”, “we” or “our” refer to MEMORY MY WAY INC, a Delaware corporation, the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.

Description of the App

With our App, you can declutter your photo library and find your best photos. By purchasing our Curation Services, you can (i) upload your pre-existing photos from your mobile device to the App; (ii) view your curated memories; (iii) select on-demand resources that will print your photos and deliver them to your doorstep. Our third-party service providers and AI digital memory manager will help you sort through the photos that you upload to the App from your mobile device.

Acceptance

These Terms of Service are entered into by and between you and Memory My Way (dba Mae). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Service”), govern your access to and use of the Services, including but not limited to: any content, functionality, and services offered on or through the App. These Terms of Service are the only agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of these Terms of Service. You must be at least 18 years old to use our Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your use or continued use of the Services constitutes your agreement with these Terms of Service. If you do not agree to these Terms of Service do not access or use the Services. If you have any questions about these Terms of Service, please contact us (for contact information, please, see the “Contact Information” section below).

Modifications

These Terms of Service may be amended at any time by us without specific notice to you. If we make material changes, we will post the amended Terms of Service and update the “Last Modified” date above. All changes are effective immediately when we post them. You should review the Terms of Service prior to using the Services, so you are aware of any changes, as they are binding on you. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.

The Privacy Policy is incorporated by reference into these Terms of Service, and your agreement to be bound by these Terms of Service means you are also bound by the Privacy Policy.

Creating an Account

(a) Your Responsibilities. Certain sections of, or offerings from, the Services may require you to register an account with us. By creating an account, you agree to (i) provide us with accurate, complete registration information, (ii) maintain the security of your account login information, (ii) be responsible for the acts or omissions of any third party who has authority to use the Services on your behalf, and (iii) immediately notify us if you discover or otherwise suspect any security breaches related to your account. You are entirely responsible for maintaining the confidentiality of your account login information and for all activities that occur in your account. We are not liable for any loss or damage arising from your failure to comply with the above requirements. We do not permit you to allow (a) any other person or entity to use the account under your name; or (b) access to your account through a single name being made available to multiple users.

(b) Registration. An account will be created for you once a purchase is made in our shop. Access will be granted with your email address of choice and a unique password. Once granted access, you can download the Mae app from the Apple App Store and login to the app with these credentials.

(c) Access to your Account. We reserve the right to close, suspend, or limit access to your account and/or the Services at any time, in our sole discretion, for any or no reason, including if: (a) we are unable to obtain or verify your identity or eligibility to use the Services; (b) the security of your account has been compromised; or (c) in our determination, you have violated any provision of these Terms of Use.

Services

(a) Types of Purchases. We currently offer paid access to the Services. You can learn more about our various other personalized product offers here. We reserve the right to modify, terminate, or otherwise amend the offerings we offer from time to time. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase.

(b) Purchasing Process. You can buy access to the app by using your credit/debit card or other payment service provided in our shop. Your order is an offer to buy or license, as applicable, the Services listed in your order. All orders must be accepted by us or we will not be obligated to provide the Services to you. We may choose not to accept any orders at our sole discretion.

Photographs and Products

(a) Purchasing Photographs and Products. After creating an account and purchasing a digital curation, you may order photographs and other products through the Services, which you can view in your shopping cart. Descriptions, images, references, features, content, specifications, products, price and availability of any products are subject to change without notice.

Your order constitutes an obligation to pay, subject to acceptance by us at our sole discretion. You will be charged immediately upon placing an order (rather than when an order is shipped). Your order is accepted by us when we receive payment from you.

We reserve the right to cancel any order prior to delivery at our sole and absolute discretion, whether or not you have already been charged. If your order is canceled pursuant to this section, and you have already been charged, we will automatically issue a refund to you.

Please note that our third party service providers are not able to deliver to all regions worldwide. If your desired country for delivery is not listed in the Services, then we do not currently deliver to that country.

All prices are subject to the delivery charges that are stated on our Services, as well as any applicable taxes, duties, fees, or levies.

(b) Defects. Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects as soon as reasonably possible but in any case no later than within thirty (30) days after the delivery, or in the case of non-delivery, you must notify us within a reasonable time after the products were expected to arrive. Please specify the delivery note/invoice number when reporting defects. Our refund policy is detailed here.

Please note that only technical inadequacies and inaccuracies, which were avoidable with the technology available is considered a defect, but does not include aspects of personal taste. Differences in color between the images shipped and the original image data are not a defect.

(c) Your Responsibilities. It is your responsibility to ascertain and obey with all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Services. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or Services; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or Services.

Purchases

(a) Payment Information. If you make any purchase through the Services, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. All payment information you provide will be treated as described in our Privacy Policy. We use third-party payment processors to process payments made through the Services. All information that you provide to us or our third-party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred.

(b) Prices, Taxes and Payment Terms. All prices posted on the App, or otherwise provided to you, are subject to change without notice. The price charged for the Services will be the price in effect at the time the order is placed. Posted prices do not include taxes, if any are applicable. All such taxes will be added to your merchandise total and these amounts can change over time with local tax requirements in your country, state, territory, county, or city. You will be responsible for paying any applicable taxes relating to your purchases. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.

(c) Returns and Refunds. Except for certain cancellations and defects described above, all products and Services offered on or via the Website are non-returnable and non-refundable. Our refund policy is detailed here.

Intellectual Property Rights

(a) Our Content.

The Services and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof (collectively, the “App Content”) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on the Services except as allowed by these Terms of Service, and any such use except as allowed by these Terms of Service is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services does not constitute a waiver of any right in such information and materials.

Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Memory My Way or our affiliates or licensors. You must not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

If you wish to make use of any material on the Services, please address your request to: hello@meet-mae.com

Notwithstanding anything to the contrary in these Terms of Service, we may monitor your use of the Services and collect and compile data and information related to your use of the Services to be used by us in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between us and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by us. You acknowledge that we may compile Aggregated Statistics based on User Content (defined below) that are input into the Services. You agree that we may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify you. Even if we delete some or all of your Information (as defined in the Privacy Policy), we may continue to retain and use Aggregated Statistics previously collected that can no longer be used for personal identification.

(b) User Content.

The Services may allow you to upload, edit, create, store and share content, including photos (“User Content”). Except for the MMW License you grant us below, you retain all rights in and to your User Content, as between you and us.

You grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable (through multiple tiers) license to use, distribute (through multiple tiers), reproduce, modify, adapt, translate, create derivative works from and transfer your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy (the “MMW License”). The MMW License is for the limited purpose of operating, developing, providing and improving our Services and researching, developing and improving our existing and new products, including but not limited to our Services, unless you have provided us your additional explicit consent for the different purpose where required by applicable law.

You grant us consent to use the User Content, regardless of whether it includes an individual’s name, likeness or persona, sufficient to indicate the individual’s identity. You further acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorized to act on your behalf.

You represent and warrant that: (i) you own the User Content provided by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) if the User Content depicts third parties, you have received all the necessary consents from them to upload their photos to the Services, and you have the legal right and capacity to enter into these Terms of Service in your jurisdiction; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you provide through the Services; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.

You may not upload, edit, create, store or share any User Content that (i) violates these Terms of Service or to which you do not have all the rights necessary to grant us the MMW License described above; (ii) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent; (iii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law; (iv) may infringe, misappropriate or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person; (v) contains any private or personal information of any person without such person’s consent; (vi) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content or (vii) is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying the Services, or that may expose us or others to any harm or liability of any type.

You agree that we may (but are not obligated to) filter any User Content, refuse to use any User Content (including, without limitation, suspending processing and shipping of any order relating to any User Content) and/or disclose any User Content and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms of Service or to comply with legal obligations or governmental requests. While User Content that violate these Terms of Service may be removed from the Services; we have no obligation to remove User Content in response to user reports or requests.

We will not be liable to you for any modification, suspension or discontinuation of the Services, or the removal, non-removal or loss of any User Content. However, we will inform you of a security incident in accordance with our Privacy Policy.

The MMW License is time-limited in the sense that it automatically terminates when you request we do so. These requests can be made by emailing hello@meet-mae.com

You agree to indemnify, defend and hold Memory My Way harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with the section entitled “Indemnification” of these Terms of Service.

Third Party Applications We Use to Provide the Services

We may use third-party products and services (“Third Party Applications”) to provide the Services, including but not limited to hosting services. Your use of such Third Party Applications shall be governed solely by the terms and conditions applicable to such Third Party Applications, as agreed to between you and the Third Party Applications provider. We do not warrant, endorse, or support, are not responsible for, and disclaim all liability with respect to Third Party Applications, including the privacy practices, data security processes, and other policies related to Third Party Applications. You hereby waive any claim against us with respect to any Third Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from the Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.

Third Parties Sites and Content You May Interact With on the App

The Services may contain (or you may be sent via the Services) links to other websites, software or services (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Services or any Third Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.

Limited License; Permitted Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms of Service. All other rights are reserved.

Restrictions and Prohibitions on Use

In addition to restrictions provided herein, your license for access and use of the Services and any App Content therein are subject to the following restrictions and prohibitions on use: you may not (a) copy, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Services or any App Content retrieved therefrom; (b) create compilations or derivative works of any App Content from the Services; (c) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner; (d) circumvent any content-filtering techniques we employ or to access any feature or area of the Services that you are not authorized to access; (e) develop or to use any third-party applications that interact with the Servies without our prior written consent, including any scripts designed to scrape or extract data from the Services (f) gain unauthorized access to, interfere with, damage, or disrupt any server, computer or database connected to the Services (g) use any App Content from the Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (h) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Services; (i) make any portion of the Services available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (j) remove, decompile, disassemble or reverse engineer any aspect of the Services (such as the source code or non-literal aspects such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas or algorithms) or use any network monitoring or discovery software to determine the Services architecture; (k) use any automatic or manual process to harvest information from the Services; (l) use the Services for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions or telephone solicitations; (m) use the Services in a manner that violates any state, federal law or other applicable law or regulation; (n) export or re-export the Services or any portion thereof, or any software available on or through the Services, in violation of the export control laws or regulations of the United States; and (o) engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking or otherwise objectionable conduct; (p) use the Services in any way except as permitted by these Terms of Service and (q) encourage, assist or enable any other party to do any of the foregoing.

Errors, Corrections and Changes

We may make changes to the features, functionality or content of the Services at any time, but such content features, or functionality may not be complete or up to date. Some or all of the App Content may be out of date at any given time and we reserve the right in our sole discretion to edit or delete any information or App Content appearing on the Services.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. While we try out best to, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Unlawful or Impermissible Activity

We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including but not limited to revoking access to the Services, removing User Content, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Nontransferable

Your right to use the Services is not transferable or assignable and any such transfer or assignment is void in ab initio. Any password or right given to you to obtain information is not transferable or assignable.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, contractors, licensors, third party suppliers of information, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any and all liabilities, damages, judgments, awards, losses, costs, claims, fees and expenses, including reasonable attorney’s fees (collectively, “Claims”), related to your (i) violation of these Terms of Service; (ii) User Content or Submissions; (iii) your use of the App Content or the Services; (iv) or use any information obtained from the App Content or the Services. You agree to promptly notify the Affiliated Parties of any third-party Claims, cooperate with the Affiliated Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Affiliated Parties will have control of the defense or settlement of any third-party Claims. You may not settle or compromise any claim against the Affiliated Parties without our written consent. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Affiliated Parties.

Geographic Restrictions

The owner of the Services is based in the State of Delaware in the United States. We provide these Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES.

TO THE FULLEST EXTENT PROVIDED BY LAW, MEMORY MY WAY INC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEMORY MY WAY AND THE AFFILIATED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF BUSINESS, CONTRACTS, PROFITS, ANTICIPATED SAVINGS, REVENUE, GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMORY MY WAY OR THE AFFILIATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR A PRODUCT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL MEMORY MY WAY OR THE AFFILIATED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Use of Information

We reserve the right, and you authorize us, to use and share, in any manner consistent with our Privacy Policy, all information regarding your use of the Services. You agree and acknowledge that all remarks, suggestions, ideas, images, graphics, or other information communicated by you to us (collectively, a “Submission”) will be our property in perpetuity. We will not be required to treat any Submission as confidential and will not be liable for the use of any ideas provided by you (including without limitation, product, service or advertising ideas). We will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Mobile Phone Use

While using our Services, you may agree to receive marketing, promotional, customer service, order status, or support text messages (e.g., SMS and MMS) from us, including text messages that may be sent using an automatic telephone dialing system. By providing your consent, you are agreeing that we may send you messages at the mobile telephone number you provide, or from which you initiated the interaction. Consent to receive these text messages is not a condition of any purchase. Msg & Data rates may apply. We will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by modifying your account settings on the Services, texting “STOP” in response to any texts, or by emailing us at [EMAIL] and specifying you want to out-out of texts. You understand that we may send you a text confirming any opt-out by you. We do not provide you with the equipment to use the Services. You are responsible for all fees charged by third parties to access and use the Services (e.g., charges by telephone service providers (“Carrier”), etc.). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Services (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the “DMCA Notice”) must include substantially the following:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyright work that you claim has been infringed;
A description of where the infringing material is located on the Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated Copyright Agent to receive the DMCA Notices is:

Address: 276 Fifth Avenue, Suite 704, PMB 17 New York, NY 10001

Telephone Number: 917-921-8394

E-Mail Address: hello@meet-mae.com

You can also reach us directly by emailing us at hello@meet-mae.com with the subject “Copyright Infringement.” Please note that we may request additional information before removing any allegedly infringing material.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Waiver, Severability and Survival

No waiver by us of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial decision, the remainder of these Terms of Service will remain valid and enforceable according to its terms. All terms that logically ought to survive the termination of these Terms of Service shall survive.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and the App Content provided therein.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to conflict or choice of law rules. Any legal suit, action or proceeding related to these Terms of Service or the Services shall be instituted exclusively in the state or federal courts located in the City of Newark and County of New Castle.

Dispute Resolution by Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

(a) Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Memory My Way, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Memory My Way are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

(b) Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND MEMORY MY WAY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MEMORY MY WAY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

(c) Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [EMAIL]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Memory My Way should be sent to [ADDRESS] (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Memory My Way and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Memory My Way may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Memory My Way or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Memory My Way is entitled.

(d) Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Memory My Way and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

(e) Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Memory My Way or you under the AAA Rules, Memory My Way and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, we will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

(f) Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

(g) Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service (or the Terms of Sale, to the extent applicable) will continue to apply.

(h) Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms of Service to the contrary, Memory My Way agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Memory My Way written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at MEMORY MY WAY INC, [ADDRESS].

Force Majeure

We will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond our reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or delays us in fulfilling our obligations hereunder.

Contact Information

If you have any questions or concerns about these Terms of Service, please email us at hello@meet-mae.com