MEMORYTRIX INNOVATIONS PRIVATE LIMITED
TERMS AND CONDITIONS
These Terms and Conditions govern the use of the Memorytrix – English Vocabulary Application available on Apple App Store and Google Play Store. Please read these terms carefully. To confirm your understanding and acceptance of the terms, go back and click “Agree.” This document creates a binding Agreement between you the user, and Memorytrix Innovations Private Limited.
DEFINITION OF MEMORYTIX
Memorytrix means: Memorytrix Innovations Private Limited, located at E-70A, Gangotri Enclave, Alaknanda, New Delhi -110019, India and shall include other products and services provided by Memorytrix Innovations Private Limited. References to ‘we’, ‘us’, ‘our’ and ‘Memorytrix’ shall mean Memorytrix Innovations Private Limited.
DEFINITION OF THE USER
In these Terms, reference to ‘you’, ‘user’, ‘your’ shall mean the end user / customer accessing the Mobile App, its contents and using the services offered through the Mobile App.
INTRODUCTION TO OUR SERVICES
These terms govern your use of the Memorytrix service (“Services”), through which you can buy, get or subscribe to our apps (“Apps”), and other in-app services (“Content”). Our Services are: Memorytrix English Vocabulary and English language training. Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (internet provider fees may apply, please contact your provider for details). Our Services’ performance may be affected by some of the factors mentioned above.
WHAT IS MEMORYTRIX
Memorytrix – English Vocabulary: the Mobile App that helps you learn & remember English vocabulary efficiently! The app is designed to improve your vocabulary strength, communication skills, English Language Proficiency & Cognitive skills like Memory, Focus, Speed etc.
Prepare for competitive exams like TOEFL/IELTS/SAT/GRE/GMAT or simply enhance your word bank. It’s a fun approach to an often tedious task.
(Note: While we aim to improve these above mentioned skills and your vocabulary, Memorytrix merely assists you in attaining your goals, and doesn’t in any way guarantee the effectiveness of its methods)
USER ACCOUNT, PASSWORD AND SECURITY
You will receive an account ID based on the username and password entered by you during the registration process. You are responsible for maintaining the confidentiality and integrity of the username and password. You agree to notify immediately to Memorytrix if, (a) you notice an unauthorized use / breach of your account, username or password; (b) ensure that you exit from the application during prolonged periods of no use.
Memorytrix cannot and will not be liable for any loss or damage arising from your failure in complying with this section.
USING OUR SERVICES
Using our Services and accessing your Content requires a Memorytrix ID. An Memorytrix ID is the account you use across the Memorytrix ecosystem. Your Memorytrix ID is valuable, and you are responsible for maintaining its confidentiality and security. Memorytrix is not responsible for any losses arising from the unauthorized use of your Memorytrix ID. Please contact Memorytrix if you suspect that your Memorytrix ID has been compromised.
You must be age 13 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create an Memorytrix ID and use our Services. Memorytrix ID’s for persons under this age should be created by a parent or legal guardian.
Memorytrix offers content, services or functionality for use within the Memorytrix Apps (“In-App Purchases”). In-App Purchases include those that are consumed during the use of the App (for example, virtual currency (“Meems”) cannot be transferred among user accounts and can be activated only once. You must authenticate your account before making In-App Purchases. Refund of purchase made is at the sole and complete discretion of Memorytrix.
OFFERS AND DISCOUNTS
Memorytrix provides periods of promotional price drops and discounts on its products. During these periods, at the sole and absolute discretion of Memorytrix, pricing of individual or a combination of products may change. You acknowledge that this warrants you no authority of refund of the higher prices you may have paid in a period of normal sales.
PAYMENTS, TAXES, AND REFUNDS
You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Memorytrix, and/or you and the entity providing the Content on our Services. Memorytrix will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country in the Memorytrix App) for any paid Transactions, including any applicable taxes. All Transactions are final. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined at the sole and absolute discretion of Memorytrix. From time to time, Memorytrix may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Memorytrix to a corresponding counterclaim.
You may be able to Redownload previously acquired Content (“Redownload”) to your devices that are signed in with the same Memorytrix ID. Content may not be available for Redownload if that Content is no longer offered on our Services. Content cannot be transferred between different user ID’s.
Memorytrix Services will recommend Content to you based on your performance level, purchases and other game related and in-app activities. Some recommendation features may require your permission before they are turned on. If you turn on these features, you will be asked to give Memorytrix permission to collect and store certain data, including but not limited to data about your device activity and usage. Please carefully read the information presented when you turn on these features.
APP MAINTENANCE AND SUPPORT
Memorytrix is responsible for providing maintenance and support for Memorytrix Apps only at the sole and absolute discretion of Memorytrix Innovations Private Limited, or as required under applicable law.
SERVICES AND CONTENT USAGE RULES
Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content, as not permitted in this section, is a material breach of this Agreement. Memorytrix may monitor your use of the Services and Content to ensure that you are following these Usage Rules. You acknowledge that the usage rules do not transfer any rights in the content provided by Memorytrix.
The rules are:
- You may use the Services and Content only for personal, non – commercial purposes.
- Memorytrix’s delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
- You can use Content from an individual Memorytrix ID that allows you to view content on a single device at a time. Session will automatically log out from the primary device if the same Memorytrix ID is used to login on another device simultaneously.
- It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to sync your Content regularly.
- You may not tamper with or circumvent any security technology included with the Services.
- You may access our Services only using Memorytrix’s software, and may not modify or use modified versions of such software.
- Video Content requires an HDCP connection.
- Memorytrix content is DRM-protected Content and can be used on any number of devices that you access using your unique Memorytrix ID.
- You may not burn Memorytrix Content to a disk.
YOUR SUBMISSIONS TO OUR SERVICES
Our Services may allow in the future for you to submit materials such as comments, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please use the Feedback feature to report a concern. You hereby grant Memorytrix a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing. Memorytrix may monitor and decide to remove or edit any submitted material.
You may not use the Services to:
- Post any materials that you do not have permission, right or license to use;
- Post objectionable, offensive, unlawful, deceptive or harmful content;
- Post personal, private or confidential information belonging to others;
- Request personal information from a minor;
- Impersonate or misrepresent your affiliation with another person, or entity;
- Post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
- Plan or engage in any illegal, fraudulent, or manipulative activity.
- Post graphic content of any kind, including but not limited to posting explicit content and nudity
CHANGES IN TERMS AND CONDITIONS
Memorytrix reserves the right at any time to modify this Terms and Conditions document; and to add new or additional Terms or Conditions on your use of the Services. Such modifications and additional Terms and Conditions will be effective immediately and incorporated into this document. Your continued use of the Services will be deemed acceptance thereof. We recommend you to check this section regularly at http://www.memorytrix.com/terms.html
You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Memorytrix and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, non commercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.
The Memorytrix name, the Memorytrix logo, App Store details, website, and other Memorytrix trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Memorytrix in India and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks and cannot use any of the above mentioned properties without the written and expressed permission of Memorytrix Innovations Private Limited.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
Memorytrix does not guarantee, represent, or warrant that your use of the services will be uninterrupted or error-free, and you agree that from time to time Memorytrix may remove the services for indefinite periods of time, cancel the services at any time, or otherwise limit or disable your access to the services without notice to you.
You expressly agree that your use of, or inability to use, the services is at your sole risk. The services and all content delivered to you through the services are (except as expressly stated by Memorytrix) provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
In no case shall Memorytrix, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services and/or content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, Memorytrix’s liability shall be limited to the extent such limitation is permitted by law.
Memorytrix shall use reasonable efforts to protect information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and you hereby release Memorytrix from any and all liability to you for any loss or liability relating to such information in any way.
Memorytrix does not represent or guarantee that the services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release Memorytrix from any liability relating thereto. You shall be responsible for backing up your own system, including any content acquired or rented through the services.
Memorytrix additionally makes no warranty that (i) the service will meet your requirements, (ii) the results that may be obtained from the use of the service will be accurate or reliable, or (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations,
Memorytrix is not responsible for data charges you may incur for downloading or streaming files over a data connection.
This document constitutes the agreement between you and Memorytrix, and governs your use of the Services provided by Memorytrix, while superseding any prior agreements with respect to the same subject matter between you and Memorytrix. If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Memorytrix’s failure to enforce any right or provisions in this document will not constitute a waiver of such or any other provision. Memorytrix will not be responsible for failures to fulfil any obligations due to causes beyond its control.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws, which you agree to comply wit. No Memorytrix employee or agent has the authority to vary these Terms and Conditions.
Memorytrix may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Memorytrix may also contact you by email or push notification to send you additional information about the Services.
You hereby grant Memorytrix the right to take steps Memorytrix believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Memorytrix has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Memorytrix believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Memorytrix’s right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party’s rights).
Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.
STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS
If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.
LIMITATION OF LIABILITY
You expressly understand and agree that Memorytrix shall not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Memorytrix has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service including but not limited to the assertions made by Memorytrix regarding the correctness of its claims. In no event shall Memorytrix’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Memorytrix in the last six (6) months, or, if greater, one hundred dollars ($100).
Some jurisdictions do not allow the 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. 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.
INDEMNIFICATION AND RELEASE
You agree to indemnify, release, defend, not sue and hold harmless Memorytrix and its affiliates including but not limited to their officers, employees, directors and agents, from and against any and all losses, liabilities, claims, damages, actions of any kind, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Memorytrix, that arise in connection with your use of the Service, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another; or any action taken by Memorytrix as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred; or Memorytrix’s decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of Memorytrix’s conclusion that a violation of this agreement has occurred.
- Memorytrix may suspend or terminate, at its sole and absolute discretion, your account (or any part thereof) or your use of the Mobile App or use of any other Service, and remove and discard any content within the Service, or your access to any content in the Service, for any reason, including, without limitation, for lack of use, or if Memorytrix believes that you have violated, breached, abused, unethically manipulated, or acted inconsistently with the letter or spirit of these Terms and Service. Notwithstanding anything in this clause, these Terms of Service, will survive indefinitely unless and until Memorytrix chose to terminate them.
- Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, at the sole discretion of Memorytrix and as may be referred to by appropriate law enforcement authorities.
- Memorytrix may also, in its sole and absolute discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service, under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Memorytrix may immediately deactivate or delete your account or other materials relating to your use of the Service, and any related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Memorytrix shall not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are responsible solely for any interaction with any other user in connection with the service, and Memorytrix has no liability or responsibility with respect thereto. Memorytrix reserves the right, but has no obligation, to become involved, in any way, with disputes between you and any other user of the Service.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws and / or principles. Disputes arising in relation hereto, shall be subject to the exclusive jurisdiction of courts, tribunals, fora and applicable authorities at New Delhi, India. You and Memorytrix agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Delhi, India, to resolve any dispute or claim arising from this Agreement. If (a) you are not an Indian citizen; (b) you do not reside in India; (c) you are not accessing the Service from India; you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth in the State of Delhi, India.
If you believe that any Content available through the Services infringes a copyright claimed by you, please contact Memorytrix at email@example.com.