Terms and Conditions

1. General Provisions

   1. These general terms and conditions of use (hereinafter, the "Terms and Conditions") govern the Services (as defined below) offered by Memori S.r.l., with registered office in Via Gramsci, 1, 40051 Altedo (BO), VAT number no. 03623961202, which can be contacted to the email address info@memori.ai (hereinafter "Memori") in favor of the subjects who register on the Platform or use it without registration in the terms described below (below jointly defined as the "Users").
   2. As part of the Services, Memori provides a platform accessible to Internet sites memori.ai, app.memorytwin.com, app.twincreator.com and aisuru.com (hereinafter the "Platform") which allows users Users to enjoy the contents and features of the Services indicated in the following article 2.
   3. Memori reserves the right to update or modify the Terms and Conditions if this is required by regulatory updates, from the modification of the services offered or from needs arising from changes in company policies according to the methods set out in subsequent article 1.4. The Terms and Conditions in force are those available from time to time on the Platform.
   4. Except as otherwise required by law, Memori will notify to Users any updates or modifications to the Terms e Conditions at least 15 days before their effective date. There continued use of the Services after such date will be understood as acceptance of the updated version or modified of the Terms and Conditions by the User, which will be required to comply with the updated/modified version of the Terms and Conditions from the effective date. If the User does not have intention to accept any update or modification, may withdraw free of charge from the Terms and Conditions by ceasing the use of the Platform, deleting your account from Platform, and more generally to stop using the Services.
   5. The User has the right to withdraw free of charge and at any time from the Terms and Conditions, by permanently deleting the own account (with reference to registered Users) or not using the Services. After withdrawal from Terms e Conditions or upon termination of the Services, will remain applicable in any case these Terms and Conditions for the previous one use of the Services.
   6. Memori may transfer the Terms and Conditions to third parties, in whole or in part Conditions and the rights and obligations deriving from or connected therewith to the same. This assignment will not affect the rights of Users who may arise from the Terms and Conditions or be to same connected.

2. The Services and the account on the Platform

   1. The service covered by the Terms and Conditions includes all products, features, applications, services, technologies or other features offered through the Platform, including the possibility

      (i) by the Registered User of:

      • create conversational artificial intelligence systems based on the technology created by Memori chearancio be used by unregistered Users;

      (ii) by the unregistered User of:

      • use artificial intelligence systems conversational, as indicated in the previous point (i), with arbitrarily complex conversations;

      (hereinafter jointly the "Services").

   2. For the purposes of using the Services referred to in article 2.1 (i), it is necessary to register and create an account on the Platform. Such registration will result in the creation by the User of a personal account, non-transferable and non-shareable. The Users may not hold, open or operate an account that does not be in your own name. Users may not hold more than one account.
   3. With respect to registered Users, the User is responsible for all activities that will be carried out through your account and your password. To this end, you undertake to take precautions adequate to ensure that your password remains secure and confidential and undertakes to modify it and inform immediately Mindful in case you have reason to believe that any subject third party knows your password or has obtained it, or in case your password is, or supposedly is going to be used in an unauthorized manner.
   4. The User is responsible for ensuring that the information provided to Memories are correct and complete and to communicate immediately to Remember any changes to the information you have provided. You will be able to access and update most of the information provided in the "My Account" section of the Platform.

3. User Obligations

   1. As part of the use of the Services, the User must comply with the Terms and Conditions and applicable legislation and must not violate the rights of Memori, its suppliers and licensors. In particular, the User is subject to the following obligations in using the Platform and carrying out related activities:

      • cannot use identities other than their own or provide inaccurate or inaccurate information about your identity, therein including registration information. The account created on Platform is strictly personal and the User cannot also assume identities other than one's own, therefore not it will be possible to create and/or manage accounts on behalf of third parties, including other Users;
      • may not act in an illegal, deceptive or fraudulent manner or for an illegitimate or unauthorized purpose;
      • cannot adopt behaviors aimed at interfering with or jeopardize the intended functioning of the Platform or harm other Users of the Platform;
      • may not attempt to create accounts or access accounts of other Users or collect information from them according to illicit, fraudulent or unauthorized methods such as, a merely illustrative and non-exhaustive title, creation of accounts or the collection of information with systems automated;
      • may not buy, sell or transfer any aspect of the your account (including your username) or request, collect or use login credentials of other Users, nor make any attempt to implement such behaviors or to carry them out through third parties;
      • cannot publish private or confidential information or take actions that violate the rights of others, including, a by way of example and not exhaustively, the rights in personal data protection matters;
      • may not use data mining, robots, framing or the like acquisition or extraction devices to extract (one or several times) and reuse the information and data present within the Platform. The use of tools for circumventing mechanisms aimed at preventing the unauthorized reproduction or disclosure of content or materials present on the Platform;

   2. As part of the provision of the Services, any information or contents may be removed from Memori if deemed in violation of the Terms and Conditions, the rights of third parties, and/or of the applicable legislation or in the cases provided for by law. In particular, Memori reserves the right to refuse or stop providing the Services, in whole or in part (including through closing or deactivating your account) and to take action against the User who, among others, has violated or appears to be in violation:

      • a) of the Terms and Conditions;
      • b) the intellectual property rights of Memori or of third parties; or
      • c) of the applicable legislation.
   3. If Memori decides to remove information or content, or to suspend or disable the User's account, will inform the User via the Platform. The User can contact Memori at info@memori.ai if you believe the account is been suspended or disabled by mistake or if you wish, at your own discretion once, disable or permanently delete yours accounts.

4. Limitation of Liability

   1. Memori, its suppliers and licensors will not be liable for any delays in accessing the Platform, at functionality of the Services, for the failure to award prizes that are due to malfunctions of the Internet network, causes of force majeure or, in any case, for events outside of Memory control. In particular, Memori will not be held liable no case responsible for:

      • any problems accessing the Platform, impediment, dysfunction or difficulties regarding technical tools of the User, including, among others, computers, smartphones, mobile phones and tablets, telephone lines, cables, electronic components, software and hardware, transmission and connection, Internet connections, antivirus, antispam, firewall or causes of any other kind outside the Memory control;
      • unauthorized access or alteration of transmissions and/or User data not attributable to Memori, including among the other any damage, including economic, from the same User possibly suffered for loss of profit, use, loss of data or other intangible elements; And
      • any material downloaded or otherwise obtained through the use of the Services, the download and use of which is intended carried out at the choice and risk of the User, therefore every liability for any damage to devices or loss of data resulting from loading operations and/or downloading of material is the sole responsibility of the User.
   2. Without prejudice to cases of willful misconduct and gross negligence and without prejudice to the limits provided for by the applicable consumer protection legislation, Memori is not responsible for damages of any kind possibly suffered by Users in connection with the or arising from the provision of the Services. In particular, the User in using the Services, you acknowledge and accept the provisions of the subsequent article 5.
   3. The User acknowledges and accepts that Memori is not responsible for the damages, of any kind, that may arise from him or her itself should cause to third parties due to behaviors and/or omissions that are not attributable to Memori, including therein, purely illustrative and non-exhaustive, direct or indirect damages arising from the use of the features of the Platform.

5. Guarantees

   The Platform is provided as is and Memori is not guarantees: (a) that the Platform is compatible with devices of the User and is free of any interruption or error; (b) that the Platform, the Services and the contents present on Platform does not violate any rights of third parties, including the rights of intellectual property; (c) that the Services and any information obtained through them satisfy the needs or expectations of the User and (d) that the results obtained through the use of the Services are reliable.

6. Indemnity

   The User undertakes to indemnify and hold harmless Memori, its representatives, directors, agents, licensees, partners, assignees and employees in relation to any claim, cost, expense, loss or damage (including reasonable legal fees) arising from or in connection with conduct attributable to the User in the context of the use of the Services.

7. License to access the Services

   Provided that the User complies with the terms and obligations set forth to the Terms and Conditions, Memori grants the User a license limited, non-exclusive, non-transferable and non-sublicensable for access the Platform and use it solely for enjoyment of the Services and for purely personal purposes, with the exclusion of any commercial use, for the entire period in which the User will have an active account and will be subject to the Terms and Conditions. This license does not include any rights of resale or commercial use of any functionality or content of the Platform, nor to modify the software, nor to reverse it engineering in order to obtain the source code. All rights not expressly licensed under the Terms and Conditions remain in the exclusive availability of Memori and/or the its licensors or suppliers.

8. License to use content created and provided by the User

   In exchange for the provision of the Services, the User grants Memori a license on contents published and shared by the User through the Platform. Specifically, when the User shares, publishes or upload content in relation to or in connection with the Services, grants a non-exclusive license with reference to said contents, transferable, sub-licensable, not subject to any payment consideration or royalty and valid worldwide for the transmission, use, distribution, modification, performance, the copying, publishing and viewing, translation and creation of derivative works of its contents, including the possibility of allowing full use of the Services by of the User and other users of the Platform, including through interaction with other platforms. This implies that if the User shares content on the Platform, authorizes Memori to perform the aforementioned actions and share it with other subjects, such as the service providers that support Memori as part of its activities connected to the Platform.

9. Intellectual property and restrictions

   1. The User acknowledges and accepts that the contents of the Platform concerning Memories in the form of, among others, software, texts, images, graphics, sounds, animations, buttons, icons and videos, therein including their disposal, are protected by law applicable on copyright and other rights of intellectual property and that Memori holds the rights to them, as owner or licensee. Any connections to the Platform and its related sections cannot be included in other applications or sites without prior consent written provided by Memori.
   2. The User is prohibited from reproducing, duplicating, copying, sell, resell or in any other way use for any purpose commercial use the contents, distinctive signs or functionality of the Platform, in whole or in part, without your express consent written by Memori. Furthermore, the User is prohibited from use techniques that allow misappropriation of any trademark, logo, distinctive sign, code, part of software or other information or content, including images, texts, page settings, or format.

10. Protection of personal data

    1. The personal data entered and the User information collected as part of the use of the Platform will be processed in compliance with the information on the processing of personal data directly available at this link: memori.ai/en/privacy-policy.
    2. With reference to the installation of cookies on your device of the User, please refer to cookie policy of Platform.

11. Effectiveness of the Terms and Conditions

    1. If any of the terms of the Terms and Conditions are revealed unenforceable for any reason, such unenforceability shall not apply will extend to other terms.
    2. Failure to apply certain terms of the Terms and Conditions does not constitute in any way a waiver in whole or in part at the same.

12. Applicable Law and Competent Court

    1. The Terms and Conditions are governed by and construed in accordance with Italian law, without prejudice to consumer protection regulations favorable applicable in the User's state of residence. Everything is fine dispute arising from the Terms and Conditions and in general from Services will be left to the exclusive jurisdiction of the Court of Bologna. However, in the event that the User is a consumer, the court of residence of the consumer will have exclusive jurisdiction in relation to any dispute arising out of or relating to Terms and conditions.
    2. The User will also have the right to access the platform European online dispute resolution platform (platform European ODR). The European ODR platform is developed and operated by the European Council implementing Directive no. 2013/11/EU and the Regulation (EU) no. 524/2013, and provides out-of-court solutions independent, impartial, transparent, simple, efficient, fast and low cost, in order to resolve disputes national and cross-border arising from sales contracts or of online services between a consumer resident in the EU and a professional resident in the EU through a dedicated ADR entity (Alternative Dispute Resolution) which provides these services. For more information on the European ODR platform, or for file a complaint and initiate resolution procedures alternatives to a dispute relating to these Terms e Conditions, you can use the following link: ec.europa.eu/odr.

The User declares to have read and understood these Terms and Conditions and to expressly accept the following articles of the themselves: 4 (Limitation of liability), 6 (Indemnification), 12 (Law Applicable and Competent Court).