memoryOS Terms of Use

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1. About these Terms

These Terms of Use (“Terms”) are an agreement between you and Encoder Inc. (“memoryOS”, “we”, “us” or “our”). They apply to our website memoryos.com, the memoryOS mobile and web apps, memoryOS for ChatGPT, and the content and features we offer through them (together, the “Services”).

By creating an account or using the Services, you agree to these Terms. If you don’t agree, don’t use the Services. Our Privacy Policy explains how we handle personal information, and section 4 sets out the terms for subscriptions, free trials and refunds.

Some parts of the Services have their own terms, such as section 7 for memoryOS for ChatGPT. If those terms conflict with the rest of these Terms, they apply to that part.

If you’re a consumer, the law of your country may give you rights that a contract can’t change. Nothing in these Terms limits those rights.

Who we are. memoryOS is developed, operated and distributed by Encoder Inc., a Delaware corporation (registration number 7319479) with its registered office at 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, USA.

2. Who can use memoryOS

You must be at least 13 years old, or the minimum age required in your country to consent to use the Services if that is higher. If you’re under 18, or under the age of majority where you live, you need your parent’s or legal guardian’s permission. A parent or guardian who lets a child use memoryOS accepts these Terms for the child and is responsible for the child’s use.

If you use memoryOS through a school or university, its agreement with us may set additional rules.

3. Your account

You’re responsible for keeping your login details secure and for all activity under your account. Tell us at support@memoryos.com right away if you notice unauthorized use.

Give us accurate information. We may review new accounts, and we may suspend or close an account that uses false contact information.

We may suspend, disable or delete your account if you break these Terms, or if your conduct or content would harm memoryOS, other users or our reputation. If we delete your account for these reasons, you may not register again, and we may block your email address and IP address.

We’re not responsible for losses caused by your failure to keep your account secure.

4. Subscriptions, billing and refunds

Prices and payment. Some features need a paid subscription or a one-time purchase. We show the price, billing period and any taxes before you buy. You pay the fees in effect when they’re due, charged to the payment method you chose at purchase.

Free trials. Some subscriptions start with a free trial. We may ask for payment details before the trial starts, but we charge only when it ends. Unless you cancel at least 24 hours before the trial ends, you’ll be charged the price shown when you started the trial, for the plan you chose.

Automatic renewal. Subscriptions renew automatically at the end of each period (for example, each week, month, six months or year) until you cancel.

Price changes. We may change prices. We’ll tell you in advance, in the app or by email, and the new price applies from your next billing period. If you don’t want to pay it, cancel before the change takes effect.

How to cancel. Cancel at least 24 hours before the end of the current period to avoid the next charge:

  • App Store: in your Apple ID subscription settings.
  • Google Play: in your Google Play subscriptions.
  • Our website: in the Profile section of the app, or by emailing support@memoryos.com.

Deleting the app or your account doesn’t cancel a subscription. After you cancel, you keep premium access until the end of the period you paid for.

Refunds

  • App Store and Google Play purchases follow Apple’s and Google’s refund policies, so please request refunds from them (Apple, Google Play).
  • Website subscriptions: if you ask within 30 days of a charge, we’ll refund that charge.
  • Lifetime (one-time) purchases have a 30-day money-back guarantee from the purchase date.
  • California and Connecticut residents can cancel a purchase for a full refund until midnight of the third business day after the purchase.
  • EU and UK residents have a legal right to withdraw from a purchase within 14 days without giving a reason. For website purchases, our 30-day refunds above already cover this. For App Store and Google Play purchases, ask Apple or Google.

To ask for a refund or withdraw from a website purchase, email support@memoryos.com.

Fraud checks and order limits. If a purchase looks high-risk, we may ask you to verify your identity or payment method before completing it. We may refuse, limit or cancel orders, including several orders from the same account, card or billing address. If we change or cancel an order, we’ll try to contact you using the details you gave.

Errors. If a price or offer on the Services contains an error, we may correct it and cancel affected orders, refunding any payment.

5. Your content and AI-generated content

Your content. You keep ownership of the content you add to memoryOS, such as facts, notes and memory palaces (“Your Content”). You’re responsible for Your Content and for having the right to use it.

You give us permission to host, store, copy, process, reformat and display Your Content only as needed to provide the Services to you. Unless you allow it, we won’t use Your Content for marketing or similar commercial purposes. We may review Your Content, though we don’t have to, and we may remove content that breaks our policies or is harmful or objectionable.

AI-generated content. Some features use AI to create mnemonics and other learning content. AI-generated content is a memory aid. It may contain mistakes, and memoryOS doesn’t check whether the facts you provide are true. Check important information, such as medical, legal or financial information or exam material, against reliable sources. Similar requests can produce similar results, so AI-generated content may not be unique to you. You may use the mnemonics we create for you for your own learning and share them for non-commercial purposes.

Feedback. If you send us ideas or feedback, we may use them without any obligation to you.

6. Acceptable use

Don’t use the Services or their content to:

  • break any law or regulation, or encourage others to;
  • infringe our intellectual property rights or anyone else’s;
  • harass, abuse, insult, harm, defame, intimidate or discriminate against anyone, including on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
  • submit false or misleading information;
  • upload viruses or other malicious code;
  • spam or phish;
  • scrape, crawl or spider the Services, or copy our lessons and content in bulk or use them to train AI models, without our written permission;
  • share obscene content;
  • interfere with or get around the security of the Services, or of other products, services or networks.

We may suspend or end your use of the Services if you break these rules.

7. memoryOS for ChatGPT

You can use memoryOS through ChatGPT. This section applies to that use, together with the rest of these Terms. OpenAI’s own terms govern your use of ChatGPT. memoryOS for ChatGPT is provided by Encoder Inc. and isn’t made or endorsed by OpenAI.

AI-generated content. Mnemonics are created by AI and are memory aids only. They may contain mistakes, and memoryOS doesn’t check whether the facts you send are true. ChatGPT presents our mnemonics and may reword or add to them. Check important information, such as medical, legal or financial information or exam material, against reliable sources.

Your content. You keep any rights you have in the facts you send. You give us a worldwide, non-exclusive, royalty-free license to process, store and use them, and the mnemonics we create from them, to provide the service and to improve our models and services, as described in section 4 of our Privacy Policy. Our service providers may do this on our behalf. For content already used to improve our models, this license continues after you stop using memoryOS. You may use the mnemonics we create for you for your own learning and share them for non-commercial purposes.

Acceptable use. Don’t use the plugin for unlawful, harmful or abusive content, to send other people’s personal information without a lawful reason, to send the sensitive information our Privacy Policy asks you not to send, or to overload, scrape or interfere with the service. We may limit or block requests that break these rules or exceed our usage limits.

Age. You must be at least 13 to use memoryOS through ChatGPT, and you need a parent’s or guardian’s permission if you’re under 18 (section 2).

Price and availability. memoryOS for ChatGPT is currently free. It may change, be limited or be discontinued at any time.

Support. For help, email support@memoryos.com.

8. Intellectual property

The Services, including our software, lessons, Virtual Mind Palaces, designs, graphics, trademarks and logos, belong to Encoder Inc. or our licensors. “Intellectual property rights” means all present and future rights in copyright, trademarks, designs, patents, inventions, know-how and goodwill, registered or not, anywhere in the world.

If you follow these Terms, we give you a personal, non-exclusive, non-transferable, revocable license to use the Services for your own learning. These Terms don’t give you any other right to our intellectual property, or to third-party trademarks used in the Services.

Some parts of memoryOS rely on services run by others, such as Apple, Google, OpenAI’s ChatGPT and payment processors. Their own terms apply to your use of them.

We may show ads or promotions from others. Any dealings with advertisers or sponsors, including purchases and promotions, are between you and them.

The Services may link to other websites and apps. A link doesn’t mean we approve of, are affiliated with or endorse them, unless we say so. Some links are affiliate links: if you buy something through one, we may earn a commission. You use linked resources at your own risk.

10. Availability, changes and backups

We work to keep memoryOS available, but it may sometimes be interrupted, for example during maintenance. We may change, suspend or discontinue features. If we stop offering a subscription you’ve paid for in advance, we’ll refund the unused part of the current period.

We back up the Services for our own purposes, but we don’t guarantee backups. Keep your own copies of anything important.

11. Ending your use

You can stop using memoryOS and delete your account at any time. Deleting your account doesn’t cancel an App Store or Google Play subscription.

We may suspend or cancel your subscription or account if you don’t pay, if you break these Terms, or if the law requires it. We may also end a subscription for another reason, with reasonable notice and a refund of the unused part of any prepaid fees. You remain responsible for amounts you already owe.

Sections that by their nature should survive, such as intellectual property, disclaimers, limitation of liability and disputes, continue after these Terms end.

12. Disclaimers

To the extent the law allows, the Services are provided “as is” and “as available”, and you use them at your own risk. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don’t promise that the Services will meet your requirements or be uninterrupted, timely, secure or error-free, that any content (including AI-generated content) will be accurate, or that defects will be fixed. You’re responsible for any damage or data loss caused by material you download through the Services.

memoryOS is a learning tool. It isn’t a medical product and isn’t intended to diagnose, treat or prevent any condition.

If you’re a consumer, you have legal rights, for example that digital content and services must match their description and be fit for purpose. These disclaimers don’t affect those rights.

13. Limitation of liability

To the extent the law allows, Encoder Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors aren’t liable for indirect, incidental, special, punitive, cover or consequential damages. This includes lost profits, revenue, sales, data, goodwill or business opportunities, even if we were told they were possible.

To the extent the law allows, our total liability for all claims relating to the Services is limited to the greater of the amounts you paid us in the 12 months before the claim and US$100.

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, for gross negligence or willful misconduct, or any other liability that can’t be limited by law.

14. Indemnity

To the extent the law allows, you agree to indemnify and hold harmless Encoder Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors against third-party claims, and related losses, damages and costs (including reasonable attorneys’ fees), arising from Your Content, your breach of these Terms or your willful misconduct.

15. Governing law and disputes

If you have a dispute with us, please contact terms@memoryos.com first so we can try to resolve it informally.

These Terms are governed by the laws of Delaware, USA, without regard to conflict-of-law rules. The courts located in Delaware have exclusive jurisdiction, and you submit to their personal jurisdiction. To the extent the law allows, you waive any right to a jury trial. The UN Convention on Contracts for the International Sale of Goods doesn’t apply.

If you’re a consumer living in the EU, UK or Switzerland, you keep the protection of the mandatory laws of your country and may bring claims in your local courts.

16. Changes to these Terms

We may update these Terms. We’ll post the new version with a new “Last updated” date. For material changes, we’ll tell you by email or in the app at least 30 days before they take effect, unless a change is needed sooner for legal or security reasons. If you keep using the Services after the changes take effect, the new Terms apply. If you don’t agree, stop using the Services and cancel any subscription.

17. General

If a court finds part of these Terms invalid or unenforceable, that part is limited to the minimum extent necessary, and the rest stays in effect. You may not transfer your rights under these Terms without our consent. We may transfer ours, for example as part of a merger or sale of assets. If we don’t enforce a provision, we haven’t waived it. These Terms, with the documents they mention, are the whole agreement between you and us about the Services.

18. Contact us

Questions about these Terms: terms@memoryos.com. Help with your account or subscription: support@memoryos.com. By post: Encoder Inc., 200 Continental Drive, Suite 401, Newark, DE 19713, USA.

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