Last updated August 21, 2024.
We are Know My Memories Limited (‘Company’, ‘we’, ‘us’, or ‘our’), a company registered in the United Kingdom with Company Number 14682764 with its registered office of 37 Commercial Road, Poole, Dorset, BH14 0HU. Our VAT number is 460 1823 16.
We operate the mobile application Know My Memories (the ‘App’), as well as any other related products and services that refer or link to these legal; terms (the ‘Legal Terms’) (collectively, the ‘Services’).
You can contact us by phone at 0203 105 0121, email at admin@knowmymemories.com, or by mail to Know My Memories Limited. 37 Commercial Road, Poole, Dorset. BH14 0HU. United Kingdom.
These Legal Terms constitute a legally binding agreement made between you whether personally or on behalf of an entity (‘you’), and Know My Memories Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all these Legal Terms. IF YOU DO NOT AGREE WITH ALL THESE LEGAL TERMS, THEM YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by email. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
Table of Contents
1. This agreement
In this agreement, we refer to the site that you download the App from as the ‘App Store’ and we refer to their rules and policies as the ‘App Store Rules’. You must comply with the App Store Rules as well as this agreement but, if there is any conflict between them, you should follow the App Store Rules rather than the equivalent rule here.
We license you to download and use the App provided you follow all of the rules described in this agreement and the App Store Rules. The licence:
- is only for you personally (and anyone else that the App Store lets you share the App with) and for non-business use;
- starts when you download the App; and
- covers content, materials, or services accessible from, or bought in, the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
You do not own the App or any of its contents, but you may use it on devices that you own or control, as permitted by the App Store Rules.
If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.
The App can be accessed, used and downloaded by other accounts that are associated with you through family sharing or volume purchasing in accordance with the App Store rules.
You are not allowed to:
- modify the App’s code in any way, including inserting new code, either directly or through the use of another App or piece of software;
- deliberately attempt to avoid or manipulate any security features included in the App; or
- pretend that the App is your own or make it available for others to download or use (including by way of copying the code of the App and creating an independent version).
2. Our services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations so do on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
3. Technical requirements
To use the App your device needs to comply with the following minimum requirements:
| Device compatibility | iOS 15 or higher |
|---|---|
| Operating system | iOS 15 or higher |
| Space | We recommend 1GB free storage |
4. Intellectual property rights
4.1. Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website design, audio, video text, photographs, and graphics in the Services (collectively the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.
The Content and Marks are provided through the Services ‘AS IS’ for your personal, non-commercial use or internal business purpose only.
4.2. Your use of our services
Subject to your compliance with the Legal Terms, including the ‘Prohibited activities’ section below, we grant you non-exclusive non-transferable, revocable license to:
- Access the Service; and
- Download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purpose whatsoever, without express prior written permission.
If you wish to make any use the Service, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: marketing@knowmymemories.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Service, Content, or Marks to ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Contents, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use the Service will terminate immediately.
4.3. Your submissions and contributions
Please review this section and the ‘Prohibited activities’ section carefully prior to using our services to understand (a) right you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the services (‘Submissions’), you agree to assign us all intellectual property rights in each Submission. You agree that we show only this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
Contributions: The service may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and any of the functionality during which you create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, ratings suggestions, person information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a contribution.
When you post contributions, you grant us licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us and unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to: use, copy, reproduce, distribute, cell, resale, publish broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt, (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporating into other works, your Contributions, and to sublicence the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This licence includes our use of your name, copy name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal information and commercial images you provide.
You are responsible for what you post and upload: By sending our Submissions and/or posting Contributions through any part of the services or making Contributions accessible through the Services by linking your account through the services to any social networking accounts, you:
- confirm that you have read and agreed with our ‘Prohibited activities’ and will not post, send, publish, upload, or transmit through the Services any Submission nor post any contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory commerce threatening to any personal group, sexually explicit, false, inaccurate, deceitful or misleading;
- to the extent permissible by applicable law, waive all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that have the necessary rights and licenses to submit such Submissions and/or Contributions that you have full authority to grant us the above mentions rights in relation to your Submissions and/or Contributions; and:
- warrant and represent your Submissions and or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions, and you expressly agree to reimburse us for any and all losses that we myself are because of your breach of (a) this section, (b) any third parties intellectual property rights or (c) applicable law.
We may remove or edit your Content: We use Microsoft Azure AI to help us detect harmful user-generated content.
Although we have no obligation to monitor any contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
4.4. Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on all through the services fringes upon any copyright you own or control, please immediately refer to the ‘Copyright infringements’ section below.
5. User representations
By using this service, you represent a warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these legal terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the services; (5) you will not access the services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the services for any illegal or unauthorised purpose; and (7) your use of the services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
6. User registration
You may be required to register to use the Services. You agreed to keep your password confidential, and we’ll be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that are username is inappropriate, obscene, or otherwise objectionable.
7. Subscriptions
7.1. Billing and renewal
Your subscription will continue and automatically renew unless cancelled. You can send to our charging your payment method on a recurring basis without requiring your part prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is annual.
The subscription fee for the services within the App will be charged in advance to your Payment Method on the specific payment date indicated on the “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the services. In some cases, your payment date may change; for example: if your Payment Method has not successfully settled or when you change your subscription or if your paid membership began on a day not contained in a given month.
To use the App services, you must provide one or more Payment Methods. You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
You can cancel your membership at any time, and you will continue to have access to the service through the end of your then current billing period. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused content. To cancel, go to the “Account” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. If you signed up for the App using your account with a third-party as a Payment Method and wish to cancel your membership, you may need to do so through such third-party, for example by visiting your account with the applicable third-party and turning off auto-renew or unsubscribing from the service through that third-party.
7.2. Cancellation
You can cancel your subscription at any time by contacting using the contact information provided below your cancellation will take effect at the end of the current payment term if you have any questions or unsatisfied with our services, please email us at admin@knowmymemories.com.
7.3. Ending this agreement
We can end this agreement if you do not comply with any part of it.
We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
The consequences of the agreement ending are as follows:
- you are no longer allowed to use the App and we may remotely limit your access to it;
- you must delete it from any devices that it has been installed on;
- we may delete or suspend access to any accounts that you hold with us; and
where it has been ended by us because you have not complied with a part of the agreement, you are not entitled to a refund.
7.4. Transferring this agreement
We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
7.5. Fee changes
We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. We’ll communicate any price changes to you in accordance with applicable law. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.
7.6. Refunds and recovering losses
If the App fails to meet the standards required by law (including that the App is of satisfactory quality, fit for purpose and as described), please contact the App Store who will provide you with a full refund of the price you paid for the App. Any other claims, losses, liabilities, damages, costs or expenses will be our sole responsibility, including claims:
- that relate to product liability;
- that the App fails to conform to any applicable legal or regulatory requirement; and
- arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks.
The App Store provider has no other responsibility or obligation in relation to the App beyond those outlines in these Legal Terms.
8. Prohibited activities
You may not access or use the services for any purpose other than that for which we make the services available. The services may not be used in connection with any endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieved data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumnavigate, disable, or otherwise interfere with security-related features of the services, including features that prevent or restrict the use of copyright of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the services in order to harass, abuse, or harm another person.
- Making proper use of our support services or submiss submit false reports or abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing of or linking to the services.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any parties uninterrupted use and enjoyment of the services or modifies, in pairs, disrupts, alters, or interferes with the use, features, functions, operation or maintenance of the Services.
- Engaging any automated use of the system commerce such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice for any content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘Passive collection mechanisms’ or ‘pcms’).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
- Attempt to bypass any measures of the service designed to prevent or restrict access to the Services, or any portion of Services.
- Copy or adapt the Services software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable or, decipher, decompile, disassemble come out or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as maybe the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that excesses the services, or use or launch of any unauthorised script or other software.
- Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or created user accounts by automated means or under false pretences.
- Use the Services are part of any effort to compete with us or otherwise use a Services and/or the Content for any revenue generating endeavour or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
If any third-party claims that the App or your possession and use of the App infringes their intellectual property rights, we will be responsible for investigating the claim and, where appropriate, for defending, settling and/or discharging it.
9. Contribution licence
By posting your Contributions to any part of the Service or making Contributions accessible to the Services by linking your account from the service to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us and unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to host, use, copy, reproduce command disclose, cell, resale, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, exert (in whole or in part), and distribute such contributions (including, without limitation, your image young voice) for any purpose, commercial, advertising, or otherwise and to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorise sub licenses of the forgoing. The use and distribution may occur in any Media formats and through any media channels.
This licence will apply to any form, media, or technology not known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any other trademarks, service marks, trade names, logos, and personal and commercial images you provide. You wave all moral rights in your contributions, and you warrant that moral rights have not otherwise being asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of your contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of our Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our soul absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations of the Services; (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your contributions.
10. Guidelines for review
We may provide you areas on the services to leave your reviews or ratings. When posting a review, you must comply with the following quality area: (1)you should have first-hand experience with the person or entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) you’ll review should not contain discriminatory references based on religion, race, gender common national origin, age, marital status, sexual orientation come out or disability; (4) your vision should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any force or mystery leading statements; and (8) you may not organise a campaign encouraging others to post reviews, with a positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any reviewing. By posting a review, you hear by Grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, and sublicensable right and licence to reproduce, modify from our translate, transmit by any means, display, perform distribute all content relating to review.
11. Mobile applicable license
11.1. Use license
If you access the services via the App, then we grant you revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or control by you, and to it access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in the Legal Terms. You shall not: (1) except any permitted by applicable law, decompile, reversed engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, would derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, altar, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us all the licenses of the App; (5) use of the App for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly come our competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacturing, licence, or distribution of any applications, accessories, or devices for use with the App.
11.2. Apple and Android devices
The following in terms apply when you use the App retained from either the App Store or Google Play (each an ‘App Distributor’) to access the services: (1) the license granted to you through our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the uses usage rules set forth in the application App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law of, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the application App Distributor, and the App Distributor, in accordance with its terms and policies, may run refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; you represent and warrant that (i) you are not located in a country that is subject to US government embargo, all that has been designated by the US Government as a terrorist supporting country and (ii) you are not listed on any US Government list of prohibited or restricted parties; (5) you must comply with a applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you not you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the app distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these legal terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in the Legal Terms against you as third-party beneficiary thereof.
12. Social media
Of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a ‘Third-Party Account’) by either: (1) providing your Third-Party Account login information through the services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligation to us to pay any fees or making our subject to any usage limitations imposed by the Third-Party service provider of the Third-Party Account.
By granting us access to any Third-Party Account, you understand that: (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the ‘Social Network content’) so that it is available on and through the services via your account, including without limitation any friend’s lists and two we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Account you can choose and subject to the privacy settings that you have set in such Third-Party Account, personally identifiable information that you post your Third-Party Account maybe available on and through your account on the services.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then ‘Social Network Content’ may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the services and your Third-Party Account at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contact list stored on your mobile device or told tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Service and your Third-Party Account by contacting us using contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that becomes associated with your account.
No one other than us or you has any right to enforce any term of this agreement.
13. Services management
We reserve the right, but not the obligation, to: (1) monitor the services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law of these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or in any way burden certain to our systems; and (5) otherwise managed the services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. Privacy policy
Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint. Please review our privacy policy: http://www.knowmymemories.com/privacy-policy/.
By using the services, you agree to be bound by our privacy policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom. If you access the services from any other region in the world with laws or other requirements governing personal data collection, use, or that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you express it expressly consent to have your data transferred to and processed in the United Kingdom.
14.1. Collection of technical information
We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the App. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
14.2. Privacy and your personal information
Location data
The App makes use of functionality on your device that can pinpoint your location. We do this in order for the App to take into account your location when it affects the operation of the App.
When you open the App for the first time, you will be asked whether the App can use your location and in what circumstances.
You can change your choices at any time in the App settings, and you can also turn the location services off at any time. The App will still function if location services are off, but its functionality may be reduced.
Augmented reality
This App uses the camera and other sensors on your device to impose digital effects on the real-life view that you see on your screen.
You are responsible for your own safety, and the safety of others around you, while using augmented reality. Always check that the area around you is free from hazards and that your use of the App will not cause danger or disruption to other people.
Never use the App on private property if you do not have the property owner’s permission, and never cause any damage to property of any kind.
15. Copyright infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the services of free infringes upon any copyright you own or control, please immediately notify using the contact information provided below (a ‘Notification’). A copy of your Notification will be sent to the person who posted or stored the material address in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to the services infringes your copy right, you should consider first contacting a lawyer.
16. Term and termination
These Legal Terms show remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In addition to terminating or suspending your account where you reserve the right take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. Modifications and interruptions
We reserve the right to change, modify, or remove the contents of the services at any time at all for any reason at our sole discretion without notice. However, we have no obligation to update any information on our services. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the services.
17.1. Updates to the App
We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality; if we do, we will ensure that the App still meets the description of that was provided to you at the time you downloaded the App.
Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the App store.
We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version that we make available.
17.2. Changes to this agreement
We may need to revise this agreement from time to time to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or guidance.
You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the App and can apply to us or the App store for a refund.
17.3. Downtime or loss of Service
The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App Store, are entirely outside of our control. Although we will do everything, we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty camera), App Store failure or anything else that it would not be reasonable to expect us to control.
We cannot guarantee the Services will be available at all times. We may experience hardware commerce software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delay is, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without your notice. You have no liability whatsoever for any last, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support services or to supply any corrections, updates, or releases in connection there with.
18. Governing law
These Legal Terms are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations convention of contracts for the international Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residents. Know My Memories Limited and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England, which means that you may make a claim to defend your consumer protection rights in regard to these Legal Terms in the United Kingdom, or in the EU country in which you reside
19. Dispute resolution
19.1. Informal negotiations
To expedite resolution and control the costs of any dispute, controversy, or claim related to these legal terms (each a ‘Dispute’ and collectively the ‘Disputes’) bought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’) the Parties agree to first attempt to negotiate any dispute (except those disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
19.2. Binding arbitration
Any dispute arising from the relationships between the Parties to these Legal Term shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having seat in Strasbourg, and which are in force at the time the applicable for arbitration is filed, and of which adoption of these claws constitutes acceptance. The seat of arbitration shall be Poole, United Kingdom. The language of the proceedings shall be English. Application rules of substantive law shall be the law of the United Kingdom.
19.3. Restrictions
The Parties agree that any arbitration shall be limited to the dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class action basis or to utilise class action procedures; (c) there is no right or authority for any dispute to be bought in a purported representative capacity on behalf of the general public or any other persons.
19.4. Exceptions to informal negotiations and arbitration
The Parties agree that the following disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute when related to, or rising from, allegations of theft, piracy, invasion of privacy, or an authorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute fate falling within that portion of this provision found to be illegal and enforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. Corrections
There may be information on the services that contain typographical errors, inaccuracies, or emissions, including descriptions, pricing, availability cover and various other information. We reserve the rights to correct any errors, inaccuracies, or emissions and to change or update the information on the services at any time, without prior notice.
21. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOU ALL USE OF THIS SERVICE WILL BE AT YOUR SOUL RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES CONTENT ALL THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NOBLE LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THERE IN,(4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES COMMENTARY IN HORSES COME OUT ALL THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY, AND/OR, (6) ANY ERRORS OR EMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE BY THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TOO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OR PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTIONARY APPROPRIATE.
22. Limitations of liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIR- PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL TO COME OUT OR PUNITIVE DAMAGES INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WE’LL BE AT ALL TIMES BE LIMITED TO PAID, IF ANY, BY YOU TO US DURING THE SIX-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all other respected officers, agents come our Partners, and employees, from and against any last, damage, liability, claim, or demand including reasonable lawyers’ fees and expenses, made by any third party due to all arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any avert or harmful act towards any other user of the Services with whom you connected via the Services. Notwithstanding the full going, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, without defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon being made aware of it.
24. User data
We will maintain certain data that you transmit to the Services for the purpose of maintaining the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of the data, you are solely responsible for all data that you transmit all that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hear by wave any right of action against us arising from any such loss or corruption of such data.
25. Electronic communications, transactions, and signatures
Visiting the Services, sending us emails, and completing the online forms constitute electronic Communications. You can concern to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS COME OUT ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby wave any rights or requirements any statues, regulations, ruled, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. Miscellaneous
These Legal Terms and any policies all operating rules posted by us on the Services or in respect to the Services constitutes the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible reliable for any loss, damage, delay, or failure to act caused by any calls beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed several from these Legal Terms and does not affect the validity or enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You here by waiver any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
27. Support and Contact
We are responsible for customer service in relation to the App and can help you if you are having any issues.
If you need to get in touch with us, you can use any of the following methods:
| Website | https://knowmymemories.com/contact-us/ |
|---|---|
| https://www.linkedin.com/company/know-my-memories/ | |
| Post | 37 Commercial Road, Poole, Dorset BH14 0HU |
| Telephone | 0203 105 0121 |
You will find a support section within the App. You can also access additional support on our website: https://knowmymemories.com/faqs/.