Terms & Conditions
These Revive Memories Terms and Conditions (the "Agreement") establish the contractual relationship between the Company as service provider and any individual as service user.
1. General Provisions and Definitions
1.1 The Company (as identified in Section 16.5) operates as the service provider under this Agreement.
1.2 Any individual utilizing the Company's services or systems as described in this Agreement is considered a client (the "Client" or "You").
- The Company provides services exclusively to individuals of legal age.
- You, as an individual and user of the Company's services, bear responsibility for ensuring your eligibility to use these services.
1.3 The Company delivers services that encompass various functions leveraging artificial intelligence, specifically designed to convert static images into dynamic videos using advanced generative AI technology. These services may include, but are not limited to, AI-powered image-to-video transformation and related features (the "Services"). The Services are accessible via the website (the "Website"), and any other system or online platform used by the Company to deliver Services shall collectively be referred to as the "System".
- The specific functionalities of features are displayed within the System.
- Content created while using the Services, as shown in the System (such as photos, videos), may be referred to as "Generated Content".
1.4 The complete list of Services is displayed in the System.
- The Company reserves the right to modify the list of Services at any time without prior notification to the Client.
- Services available on the System may include additional features beyond this Agreement. By accepting this Agreement, the Client agrees to the rules of the Service as described on the System.
- The Client shall be entitled to use or access the Services for which the Client has paid in full, only for the paid period.
1.5 By using the Service, you acknowledge that the Company may utilize third-party technologies (such as software) to provide its Services. Third parties are subject to their own terms, and the Company is not responsible for them.
1.6 The Company's Services and System are available globally with potential restrictions in certain regions due to regulatory requirements. The Client is obligated to ensure it is legal to access the System or use the Services in their location.
1.7 By using the Services in any capacity, You agree to this Agreement and any other rules governing the Services or System. By using Services or System, You acknowledge having read the Agreement and understand that You have entered into a legally binding agreement between You, as a user, and the Company, as a service provider.
1.8 This Agreement takes full effect at the moment You make payment for the selected subscription plan on the System. The rules of this Agreement apply similarly to the purchase of any separate (one-time) services or products, as well as to the use of System prior to making payment for the Services or without creating an account, including the rules set forth in the Privacy Policy.
1.9 To the extent permitted by applicable law, by purchasing and accessing the Services, the Client acknowledges that the Services consist of digital services and digital content delivered electronically and that performance may begin immediately after purchase. Nothing in this Agreement limits or excludes any non-excludable consumer rights that may apply under the laws of the Client's place of residence.
1.10 The Company may modify or update this Agreement from time to time. Any updated version will become effective when published in the System or otherwise communicated to the Client, except where a later effective date is stated. Where required by applicable law, the Company will provide advance notice of material changes. Continued use of the Services after the effective date of an updated Agreement constitutes acceptance of the updated Agreement.
1.11 By agreeing to this Agreement, you acknowledge and agree that the Company may process your personal data without additional consent, where such processing is necessary for the performance of this Agreement.
1.12 If You disagree with any terms and conditions of this Agreement, You must not use or must immediately cease using the System, Services, or any part thereof.
2. Access to Services and Account Creation
2.1 To access and use the Services, You must follow the Company's instructions in the System. The process may include completing a quiz or providing requested information, uploading content (such as photos), selecting a plan, and completing payment. Access to the Services is granted after successful payment using the access method provided by the Company.
2.2 To access the Services, the Client may be required to provide certain information, including:
- Name.
- Email address.
- Confirmation that the Client agrees to the Agreement and other applicable policies of the Company.
Once payment is completed, the Client can access the Services using the method provided by the Company.
2.3 Upon using the System, the Client shall allow cookie use by customizing preferences or allowing all cookies. The Client must review the terms applicable to cookies used by the Company for the provision of Services and proper usage of the System.
2.4 By proceeding with payment and purchasing the Services, the Client confirms that they have read, understood, and agree to be bound by this Agreement, the Privacy Policy, and any other rules governing the Services or System.
2.5 The Client may be asked to complete verification steps (such as tests to distinguish humans from automated systems) as part of using the Services. Such steps may be required during the process of accessing the System, placing an order, completing payment, or at any other stage at the Company's discretion.
2.6 The Company may change the list of required information by modifying, adding, or reducing the data required for accessing or using the Services.
2.7 The Client must provide valid payment details to complete the order for Services.
2.8 The Company may request the Client to re-submit or update any data required for accessing or using the Services. Such requests may be made periodically or on an ad-hoc basis at the Company's discretion.
2.9 By providing information to the Company, the Client declares that such information is true, complete, valid, and up-to-date, and that the Client has the necessary rights to use any content submitted. The Client confirms using their own email address and payment method to access and pay for the Services.
2.10 Access to the Services is provided for personal use only. The Client shall not share access details (including order identifiers or access links) with any third party or allow unauthorized use of the Services. The Services may not be used on behalf of another individual or entity.
3. Suspension of Services and Account Access
3.1 In instances where the Account holder does not match the Account owner, or if there are other discrepancies in provided information, the Company may not proceed with Service provision. The Company reserves the right to suspend Service provision (in part or in full) or remove Account access at any time.
3.2 Additionally, Account access may be denied or removed and Service provision may be suspended at the Company's discretion if:
- The Client breached material obligations under this Agreement or violated warranties.
- The Client is not of legal age.
- The Client is using Services or accessing the System from a restricted location.
- The Client violates the Agreement or any related documents or rules.
- The Client's actions pose security, reputational, financial, or other risks to the Company, its affiliates, third parties, or proper functioning of the System or Services.
- The Client's actions breach any applicable law or regulation, including generally accepted rules of good morals.
3.3 If the Client's right to access the System or use Services is suspended, the Company shall inform the Client via email notice. Such notice should include the reason for suspension, the term of suspension, and any action the Client needs to take to eliminate the violation and lift the suspension.
3.4 If the Client is given an opportunity to eliminate the violation, the Company shall provide an appropriate time period. The decision whether to set a time period and its duration is at the Company's sole discretion.
3.5 In all cases where the Company suspects a violation of legal acts has been committed, the Company shall have the right to address competent law enforcement authorities and, if suspicions are confirmed, to suspend or prohibit the Client from using the Services for such period as the Company reasonably determines is necessary in the circumstances, including permanently where justified.
3.6 Account Inactivity: The Company reserves the right to terminate or delete Accounts that have been inactive for an extended period. An Account is considered inactive if the Client has not logged in or used the Services for twelve (12) consecutive months.
- Before terminating an inactive Account, the Company will attempt to notify the Client via the email address associated with the Account at least thirty (30) days in advance.
- Upon termination of an inactive Account, all User Content, Generated Content, and associated data may be permanently deleted without the possibility of recovery.
- The Client is solely responsible for maintaining Account activity and ensuring their contact information is up to date.
- Inactive Account termination does not entitle the Client to any refund of previously paid subscription fees.
4. Payments, Subscriptions, Cancellation and Refunds
4.1 Paid Services: The Services are provided for a fee. The Company may determine and update pricing, billing structures, subscription plans, promotions, and discounts from time to time. The applicable price and billing terms for the selected Service will be shown in the System at the time of purchase.
4.2 Currency and Taxes: Unless otherwise indicated in the System, all prices are stated in U.S. dollars. To the extent applicable, taxes, duties, levies, or similar charges may be charged in addition to the displayed price or may be included where required by law.
4.3 Payment Authorization: By submitting an order, the Client authorizes the Company and its payment processors to charge the payment method provided for the fees associated with the selected Service, including any recurring charges applicable to a subscription plan, together with any applicable taxes and fees.
4.4 Payment Information: The Client represents and warrants that the payment method used is valid and that the Client is authorized to use it. The Client is responsible for ensuring that payment details remain accurate and that sufficient funds are available.
4.5 Subscription Services: Certain Services are offered on a subscription basis. By purchasing a subscription, the Client agrees that the subscription will continue for the selected billing period and will automatically renew for successive billing periods unless cancelled in accordance with this Agreement.
4.5.1 Important Subscription Disclosure: By purchasing a subscription, the Client acknowledges and agrees that the subscription may renew automatically unless cancelled before renewal. Subscription status, upcoming billing information, and cancellation functionality are available in the Client's profile within the System.
4.6 Auto-Renewal: Where a subscription is offered on an auto-renewing basis, the subscription will automatically renew at the end of the then-current billing period unless the Client cancels before the next renewal date. By purchasing a subscription, the Client authorizes recurring charges to the payment method on file for each renewal period until cancellation. The Client may review the subscription status, renewal status, and upcoming billing period at any time by logging into the Client's profile in the System. The Client may also cancel the subscription at any time through the cancellation functionality available in the profile section of the System.
4.7 Trial Offers: The Company may offer trial subscriptions or introductory offers at a reduced price or no charge. Where a trial or introductory offer is selected, the applicable trial terms made available in the System at the time of purchase shall govern. Unless cancelled before the end of the applicable trial or introductory period, the subscription will automatically convert to a paid subscription and the applicable renewal charge will be applied.
4.8 Billing Date and Failed Payments: Recurring charges will generally be processed on the corresponding renewal date based on the date of the initial purchase, subject to reasonable operational adjustments. If a payment attempt fails, the Company or its payment processors may retry the charge using the payment method on file to the extent permitted by applicable law.
4.9 Price Changes: The Company may change prices for Services from time to time. Any price change for a subscription will apply only to new purchases and new subscribers, unless the Company expressly states otherwise in the System and provides any notice required by applicable law. Any price change for a one-time purchase or non-subscription Service may apply generally to future purchases from the effective date shown in the System. No price change will affect a Service that has already been purchased for a completed paid period, except where the Client expressly agrees otherwise.
4.10 Cancellation by the Client: The Client may cancel a subscription at any time by logging into the Client's profile in the System and using the cancellation functionality available there. The subscription status and upcoming billing period are displayed in the profile section of the System at all times after purchase. The Client may also contact support at support@revivememories.co for assistance; however, the self-service cancellation functionality in the Client's profile is the primary cancellation method made available through the System. Unless otherwise required by applicable law or expressly stated in the System, cancellation will take effect at the end of the then-current billing period, and the Client will retain access to the subscribed Service until that period ends.
4.11 Timing of Cancellation: To avoid being charged for the next billing period, the Client must complete cancellation before the renewal charge is processed. If cancellation is completed after a renewal charge has already been processed, the cancellation will apply to the following billing period unless a refund is required by applicable law or otherwise granted by the Company in its discretion.
4.12 Actions That Do Not Cancel a Subscription: For clarity, the following actions do not by themselves cancel a subscription:
- (a) deleting an Account;
- (b) uninstalling any application or ceasing to use the Services;
- (c) failing to log in to the System;
- (d) unsubscribing from emails, including marketing, promotional, or other non-transactional emails;
- (e) deleting emails or other notifications from the Company;
- (f) removing a saved payment method, where the subscription remains active in the System; or
- (g) contacting support regarding cancellation, billing, or account matters unless and until the Client receives confirmation from the Company that the subscription has been cancelled.
4.13 One-Time Purchases: Where the Company offers one-time purchases that are not subscriptions, such purchases do not renew automatically unless expressly stated in the System at the time of purchase. Except where required by applicable law, one-time purchases are final and non-refundable once delivered or made available to the Client.
4.14 Delivery and Access to the Services: The Services are digital services delivered electronically. Access to the paid Services begins once the Client's purchase is successfully completed and the relevant Service is made available in the Client's Account or otherwise through the System.
4.15 Refund Policy: Except where required by applicable law, all purchases are final and non-refundable.
Refunds are generally not available for:
- (a) failure to cancel before renewal;
- (b) non-use of the Services during an active subscription period;
- (c) dissatisfaction with outputs generated by the Services, except where the issue results from a verified technical failure of the Services;
- (d) misunderstanding, failure to review, or failure to retain the subscription model, billing frequency, renewal terms, or cancellation instructions, where those terms were disclosed in the System at the time of purchase;
- (e) requests made after the relevant subscription period has been substantially performed or used.
4.16 Limited Refund Exceptions: The Company may issue a full or partial refund in the following circumstances:
- (a) where required by applicable law;
- (b) where the Client was charged more than once for the same transaction due to a technical or billing error;
- (c) where the Services were materially unavailable due to a verified fault on the Company's side and the issue was not resolved within a reasonable time; or
- (d) in other exceptional circumstances, at the Company's sole discretion.
4.17 Effect of Use of the Services: Where permitted by applicable law, once the Client has been granted access to the paid Services and the Services have begun to be performed, refund eligibility may be reduced or unavailable, particularly where the relevant subscription period has already been used in whole or in substantial part.
4.18 Refund Request Procedure: Any refund request must be submitted in writing to support@revivememories.co within fourteen (14) days of the charge date, unless a longer period is required by applicable law. The Client must provide sufficient information for the Company to identify the Account and review the request. The Company may request additional information reasonably necessary to assess refund eligibility.
4.19 No Waiver of Rights: Nothing in this Section is intended to limit, exclude, or restrict any rights or remedies that cannot be lawfully limited or excluded under applicable consumer protection laws.
4.20 Payment Provider Disputes: Before initiating a chargeback or payment dispute, the Client is encouraged to contact the Company at support@revivememories.co so the matter can be reviewed and, where appropriate, resolved directly. The Company reserves the right to submit relevant evidence, including acceptance of this Agreement, billing records, and Account activity, to payment providers in response to disputed transactions.
4.21 Discretionary Refunds: Any refund granted by the Company outside the circumstances set out in this Agreement is a voluntary exception and does not create a precedent or an obligation to grant the same outcome in any other case.
No statement by customer support, marketing materials, or any other communication shall amend this Agreement unless the amendment is expressly made in writing by the Company. Assistance, goodwill gestures, or discretionary refunds do not alter the general application of this Agreement.
5. License to Access and Use the System
5.1 Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable, and revocable license to use Company materials solely in connection with Your use of the System and Services. You may need to order and pay for certain Services to use the System and be granted this limited license. The Client acknowledges that the duration and scope of the license granted is linked to the Services ordered or paid for.
5.2 The System is intended for personal and legitimate use, and only for lawful and legitimate purposes, as outlined in the Agreement and applicable laws.
5.3 Company materials may not be used for any purpose other than indicated in this Agreement, and this license terminates upon Your cessation of use of the System or Services or at the termination of this Agreement.
5.4 The Company may cease supporting the System or its parts or any functionality at any time. In such event, the Client's license to use the System shall be automatically suspended.
5.5 Unless otherwise stated, the Company owns the intellectual property rights in the System and material on the System. The Client acknowledges that all intellectual rights including infographics, data, reports, specifications, and any other materials prepared or developed by the Company in connection with the System are the sole and exclusive property of the Company.
5.6 The Client agrees not to violate any intellectual property rights owned or sought to be protected by the Company and shall use all such intellectual property for intended purposes only. The Client shall not:
- Republish material from the System unless separately allowed by the Company.
- Sell, rent, or sub-license material from the System unless separately allowed.
- Show any material from the System in public, unless otherwise stated.
- Reproduce, duplicate, copy, or otherwise exploit material on the System for commercial purposes.
- Redistribute material from the System.
- Edit or otherwise modify any material on the System.
- Use the System in any way that causes, or may cause, damage to the System or impairment of its availability or accessibility.
5.7 This Agreement, including license terms, applies to all versions of the System, as well as any separate functionality or derivatives.
5.8 User Content License: By uploading, transmitting, or submitting any content to the System, including but not limited to photographs, images, or other materials ("User Content"), the Client grants the Company a worldwide, non-exclusive, royalty-free license, with the right to sublicense to service providers acting on the Company's behalf, to host, store, reproduce, process, adapt, modify, transmit, and use such User Content solely as necessary to operate, provide, maintain, secure, troubleshoot, improve, and support the Services, and to generate and deliver the requested outputs to the Client.
To the extent permitted by applicable law, the Client waives any moral rights in such User Content only to the extent necessary for the Company to exercise the rights granted under this Section.
5.9 Prohibition on Resale: The Client is prohibited from selling, offering for sale, sharing, renting out, or lending any Digital content, Generated Content, or copies thereof produced through the Services.
6. Acceptable Use Policy
6.1 The Client agrees to use the Services only for lawful purposes and in accordance with this Agreement. The Client shall not use the Services in any manner that could damage, disable, overburden, or impair the System or interfere with any other party's use of the Services.
6.2 Prohibited Content: The Client shall not upload, submit, or use the Services to create, generate, or distribute any content that:
- Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
- Contains sexually explicit or pornographic material.
- Depicts or promotes violence, self-harm, or harm to others.
- Infringes upon any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Contains images of individuals without their consent, or images of minors.
- Is intended to create deepfakes, impersonate others, or deceive viewers about the authenticity of the content.
- Could be used for fraud, identity theft, phishing, or other malicious purposes.
- Violates the privacy or publicity rights of any third party.
- Contains hate speech, discrimination, or content that promotes hatred against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics.
- Promotes illegal activities or substances.
6.3 Prohibited Activities: The Client shall not:
- Use the Services for any commercial purpose without express written permission from the Company.
- Attempt to gain unauthorized access to the System, other Accounts, or any computer systems or networks connected to the System.
- Use any automated means, including bots, scrapers, or scripts, to access the Services or collect content from the System.
- Interfere with or disrupt the Services or servers or networks connected to the Services.
- Reverse engineer, decompile, or disassemble any portion of the Services.
- Remove, alter, or obscure any proprietary notices or labels on the Services.
- Use the Services to send spam, chain letters, or other unsolicited communications.
- Impersonate any person or entity or falsely state or misrepresent the Client's affiliation with a person or entity.
6.4 The Company reserves the right to review, monitor, and remove any User Content that violates this Acceptable Use Policy at its sole discretion and without prior notice. Violation of this policy may result in immediate termination of the Client's Account and access to the Services without refund.
6.5 The Client acknowledges that the Company may be required to report certain content or activities to law enforcement authorities and agrees to cooperate with any such investigations.
7. Risks
7.1 As a Client, You acknowledge understanding and accepting the following risks associated with using the System and Services:
- Risk related to the nature of Services: The Services are designed to bring memories to Clients by transforming static images into dynamic videos using advanced generative AI technology and are created for entertainment purposes only.
- Clients are solely responsible and claim all liability for any risks associated with Service use, and for assessing all possible risks.
- The Client is solely responsible for ensuring compliance with terms and conditions of any third-party platforms when uploading or using content derived from such platforms. The Client must not publish personal data or photos of other persons and must respect others' privacy in connection with Service or System use.
- You acknowledge that generated photos or videos may not accurately reflect reality and might distort appearance. You agree not to use generated photos or videos if You have concerns related to self-image, self-harm, eating disorders, or similar.
- You are solely responsible for ensuring Your use of the Services or System complies with all applicable laws and ethical standards.
- Risk of software or IT weaknesses: There is no guarantee that using the System or Services will be uninterrupted or error-free, and there is inherent risk that software and associated technologies could contain weaknesses, vulnerabilities, or bugs.
- Regulatory risk: Certain legal systems may apply existing regulations or introduce new regulations that negatively impact the current setup of the System or usage of the System or Services. The Company will make every effort to comply with all applicable regulations. However, the Client is obligated to ensure their usage of the System or Services complies with applicable law.
- Risk of theft and internet vulnerability: The software platform, other software involved, other technology components or platforms might be exposed to electronic or physical attacks that can impair the ability to develop, implement, or use the System or Services.
7.2 The Company takes no responsibility for any loss due to spoofing, phishing, or other equivalent attacks.
8. AI-Generated Content Disclaimer
8.1 The Services utilize artificial intelligence technology to generate video content from static images. The Client expressly understands and agrees that:
- AI-generated outputs are produced through automated, probabilistic models and may not always meet expectations, achieve desired results, or comply with specific technical requirements.
- Generated Content may contain inaccuracies, distortions, artifacts, or unexpected results that do not accurately reflect reality or the original image.
- The Company makes no warranties or guarantees regarding the quality, accuracy, or suitability of any Generated Content.
- The Company is not liable or responsible for any outcomes of AI-generated or incorrectly generated content.
8.2 The Client acknowledges that cases where uploaded files or provided prompts result in content that is technically infeasible to generate, or content that does not meet the Client's expectations, do not constitute a failure of service and shall not entitle the Client to a refund, compensation, or any claim against the Company.
8.3 The Services are provided for entertainment and personal use purposes only. The Client agrees not to rely on Generated Content for any critical, commercial, legal, medical, or professional purposes without independent verification.
8.4 The Client is solely responsible for reviewing all Generated Content before use or distribution and assumes full responsibility for any consequences arising from the use of such content.
8.5 Beta Features: From time to time, the Company may offer access to beta, experimental, or early-access features ("Beta Features"). The Client acknowledges and agrees that:
- Beta Features are provided "as is" and "as available" without any warranties of any kind.
- Beta Features may contain bugs, errors, or other issues that could cause system failures or data loss.
- The Company may modify, suspend, or discontinue Beta Features at any time without notice.
- Feedback provided about Beta Features may be used by the Company without any obligation to the Client.
- Use of Beta Features is entirely at the Client's own risk.
9. DMCA and Copyright Policy
9.1 The Company respects the intellectual property rights of others and expects Clients to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, the Company will respond to notices of alleged copyright infringement that comply with applicable law.
9.2 Copyright Infringement Claims: If You believe that any content on the System infringes Your copyright, You may submit a notification pursuant to the DMCA by providing the following information in writing to our designated Copyright Agent:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing and where it is located on the System.
- Your contact information, including address, telephone number, and email address.
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
- A statement, made under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on the copyright owner's behalf.
9.3 Copyright Agent: DMCA notices should be sent to: support@revivememories.co with the subject line "DMCA Takedown Request".
9.4 If You believe that Your content was removed or disabled by mistake or misidentification, You may submit a counter-notification to our Copyright Agent containing the information required by the DMCA.
9.5 The Company reserves the right to terminate the Accounts of Clients who are determined to be repeat infringers of copyrights.
10. Data Retention
10.1 The Company retains User Content, Generated Content, and related data while the Client is actively using the Services.
If the Client has not logged into the System or accessed the Services for a continuous period of twelve (12) months, the account will be considered inactive. In such cases, the Company may delete the Client's account together with all associated User Content, Generated Content, uploaded images, and videos.
The Company may retain certain data where required or permitted by applicable law or where reasonably necessary for legal compliance, dispute resolution, fraud prevention, or enforcement of this Agreement.
10.2 The Client is solely responsible for downloading and maintaining backup copies of any User Content or Generated Content they wish to retain. The Company is not responsible for any loss of content due to Account termination, inactivity, or system maintenance.
10.3 Notwithstanding the above, the Company may retain certain data as required by law, for legitimate business purposes, or to resolve disputes and enforce agreements.
10.4 For more information about how the Company handles personal data, please refer to the Privacy Policy.
11. Third Party and Other Disclaimers
11.1 The Company may use or provide access to third parties to provide services like payment processing, user registration, etc. The Client acknowledges and understands that Client data may be disclosed to such third-party service providers to ensure proper System use and Service provision.
11.2 The use of third-party services is subject to the third party's terms of service. The Client acknowledges that the Company is not responsible for provision of such services or for data processing performed by such third parties, and that disputes arising from third-party services shall be resolved directly between the Client and the respective third party.
11.3 Any links on the System to third-party websites are provided solely for Your convenience. If You access those links, You will leave the System. The Company does not endorse or make representations about such third-party websites and is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those websites.
11.4 Information on the System, as well as content on Company's social media pages, is not promised or guaranteed to be correct, current, or complete, and may contain technical inaccuracies or typographical errors. You should confirm the accuracy and completeness of all posted information before making any decisions related to Services.
12. Indemnification and Limitation of Liability
12.1 The Client agrees to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any third-party claims, demands, and liabilities, including reasonable attorney's fees, resulting from or arising out of: (i) any breach of Client's representations and warranties in this Agreement; or (ii) Client's failure to comply with obligations under any applicable laws, rules, or regulations, except to the extent such violation arises from Company's failure to comply with its obligations.
12.2 The Client may provide suggestions (feedback) to the Company. All suggestions are given entirely voluntarily. The Client acknowledges that suggestions, even if designated as confidential, shall not create any confidentiality obligation for the Company without a separate written agreement. The Company shall be free to use, disclose, reproduce, license, or otherwise distribute and exploit suggestions as it sees fit, without obligation or restriction. The Client agrees that the Company shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations, or other feedback provided by You. The Company urges You not to share information that is highly personal or that You wish to keep confidential.
12.3 The System and Services are provided "as is" and You use the System or Services at Your own risk. It is acknowledged and agreed that no representations and warranties of any kind, except those set forth in this Agreement, have been made by the Company to the Client with respect to the System or Services.
12.4 You, as a Client, are solely responsible for ensuring You are able to use Services and access the System, meaning You are responsible for any hardware, software, or other technical requirements (such as mobile data, internet connection) compatibility. If You are unable to access the System or use Services due to lack of compatibility with Your technical equipment, You may seek advice by contacting the Company via email. In any case, the Company is not obligated to provide You with a solution, advice, or instructions regarding compatibility.
12.5 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT.
12.6 Liability Cap: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS (US$100); OR (B) THE AMOUNT PAID BY THE CLIENT TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13. Force Majeure
13.1 A party to the Agreement shall be released from responsibility for non-fulfillment if it proves that this Agreement was not fulfilled due to force majeure circumstances beyond its reasonable control.
13.2 The Company shall not be liable for any losses, damages, or delays caused by force majeure events, including but not limited to: acts of God, natural disasters, riots, war, terrorism, strikes, lock-outs, labor disputes, government actions, epidemics or pandemics, power failures, internet or telecommunications failures, cyberattacks, or any other occurrences for which the Company is not responsible.
13.3 The Client must provide written notification of the occurrence of force majeure which prevents the fulfillment of this Agreement within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform the Client about the occurrence of force majeure by email or on the Website if possible.
13.4 If a force majeure event continues for more than 60 days, either party may terminate this Agreement by providing written notice to the other party.
14. Termination of the Agreement
14.1 The Company may terminate or suspend Your Account or Service provision as per the rules indicated in this Agreement. Breach of the Agreement or other applicable Company policies may result in suspension or deactivation of Your Account, as well as termination of this Agreement. In case of a breach, You shall not be entitled to receive any refunds.
14.2 The Client may terminate this Agreement by cancelling the applicable subscription or ceasing use of the Services, subject to the billing and cancellation terms set out in Section 4. Unless otherwise required by applicable law or expressly stated in this Agreement, cancellation does not entitle the Client to a refund for the current billing period.
14.3 In case of a material breach of the Agreement, the Company may, at its discretion, inform responsible law enforcement authorities about the violation and suspend or prohibit the Client from using the Services for such period as the Company reasonably determines is necessary in the circumstances, including permanently where justified. If such a restriction is applied, the Client's credentials (such as name, surname, IP address, email address) may be blocked from using the System or Services.
14.4 If You wish to terminate the Agreement, You can cancel the Services by logging into your Account on the Website or contacting the support team by email to request assistance in canceling Services.
15. Governing Law and Dispute Resolution
15.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of Lithuania, excluding its conflict of law rules, except to the extent that mandatory consumer protection laws of the Client's country of residence apply and cannot be lawfully excluded. Nothing in this Agreement shall deprive a consumer of any mandatory rights or protections granted under applicable law.
15.2 Informal Dispute Resolution: If You have any concern or dispute about the Services or System, You agree to first try to resolve the dispute informally by contacting the Company via email at support@revivememories.co. Any complaints should clearly indicate that a complaint is being submitted and specify the grounds and circumstances concerning the complaint. The Company will respond to complaints within 14 calendar days of receipt. If a dispute is not resolved within 30 calendar days of receipt of a relevant complaint, either party may bring a formal claim.
15.3 Dispute Resolution: Before starting formal legal proceedings, the Client and the Company agree to first attempt to resolve any dispute informally by contacting support@revivememories.co and providing a brief description of the issue together with relevant account and billing details.
15.4 Optional Arbitration: Where permitted by applicable law, disputes that are not resolved informally may be submitted to binding arbitration on an individual basis instead of court proceedings, except for claims that qualify for small claims court or where applicable law gives the consumer the right to bring the claim before a court or authority of competent jurisdiction.
15.5 No Class Actions: Where permitted by applicable law, the Client and the Company agree that claims shall be brought only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
15.6 Consumer Rights Preserved: Nothing in this Agreement prevents a consumer from contacting a governmental consumer protection authority, regulator, alternative dispute resolution body, small claims tribunal, or court with jurisdiction, where such right exists under applicable law.
15.7 Nothing in this Agreement prevents a consumer from contacting any governmental consumer protection authority, regulator, or small claims tribunal or court with jurisdiction, where such right exists under applicable law.
15.8 The Company expressly prohibits and rejects the use of its Services for any form of illicit activity, including money laundering, terrorist financing, or trade sanctions violations, consistent with various jurisdictions' laws, regulations, and norms.
15.9 The System and Services are of such nature that can be globally distributed and used. By using the System or Services, You warrant not being on any international or government prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (the "Sanctions List").
15.10 If You become placed on any Sanctions List, You shall immediately discontinue Your use of the Services or System. Failure to do so can result in Your Account being suspended or terminated.
15.11 The Company reserves the right not to allow its Services to be accessible in certain jurisdictions or territories. The Company may block such jurisdictions or territories making its System or Services not available from such locations.
15.12 Persons located in prohibited jurisdictions, or residents of prohibited jurisdictions, are not permitted to use Services. Any attempt to circumvent restrictions on usage by any persons located (or as a resident) in a prohibited jurisdiction is a breach of the Agreement.
15.13 Restricted Territories / No Active Offering: The Services are intended for markets selected by the Company and are not actively directed to consumers in jurisdictions where the Company does not market or offer the Services, including the European Union unless expressly stated otherwise by the Company in writing. The Company reserves the right to reject, suspend, cancel, or refund any order where it reasonably determines that the purchase was made from a jurisdiction in which the Company does not actively offer the Services or where legal, tax, regulatory, or operational issues may arise.
15.14 Client Location Representation: By purchasing the Services, the Client represents that the purchase is lawful in the Client's jurisdiction and that the Client is not purchasing from a territory where the Company does not actively offer the Services.
16. Miscellaneous
16.1 The Company and the Client consent to the English language in relation to communication. Any other language shall be used for simplicity. Any notice or communication must be in English. The English language version of this Agreement is the prevailing version.
16.2 Any updates to this Agreement shall take effect in accordance with Section 1.10. The Company may provide notice of material changes by email, through the System, or by other reasonable means where required by applicable law or where the changes materially affect the Client's rights or obligations.
16.3 The Client cannot transfer any rights granted by this Agreement to a third party without prior written consent from the Company. The Company may, at its sole discretion, assign its rights and obligations under this Agreement in whole or in part to any third party.
16.4 If any part of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.
16.5 You can contact the Company by sending an email to support@revivememories.co. For matters regarding this Agreement, we recommend contacting the Company via email, which shall be considered the primary means of communication. The Company is registered as:
16.6 The Company shall reply to Your inquiries within 30 days (with the possibility of extensions).
16.7 THE USE OF THE SERVICES IS SOLELY AT THE CLIENT'S OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
16.8 Entire Agreement: This Agreement, together with the Privacy Policy and any other policies or guidelines referenced herein, constitutes the entire agreement between the Client and the Company with respect to the use of the Services and supersedes all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between the Client and the Company regarding the Services. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the Company.
16.9 No Oral Modifications; No Waiver by Support: No statement by customer support, marketing materials, or any other communication shall amend this Agreement unless the amendment is expressly made in writing by the Company. Assistance, goodwill gestures, or discretionary refunds do not alter the general application of this Agreement and do not create a precedent or obligation in any other case.
16.10 BY USING OR ACCESSING THE SERVICES, THE CLIENT HEREBY ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
16.11 Survival: Any provisions of this Agreement which by their nature should survive termination, cancellation, or expiration shall survive, including without limitation provisions relating to payments, refunds, limitations of liability, intellectual property, dispute resolution, account records, and any other provisions intended to remain in effect after termination.
Last Updated: April 1, 2026