Terms and Conditions

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 By entering into this Agreement, You agree to waive Your right of withdrawal because the Services (or any products purchased) consist of digital content that is not supplied on a tangible medium.

1.10 The Company reserves the right to unilaterally modify or update the Agreement at any time without notice. The updated Agreement becomes effective from the moment it is published. Continued use of the Services by the Client shall be considered acceptance of the Agreement in its latest version. The Client should periodically review the 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 and register in the System by creating an account through the following steps:

• Order a subscription plan (see Section 4).
• Create an account.

2.2 When creating an account, the Client must provide:

• Name.
• Email address.
• A unique password created by the Client.
• Confirmation that the Client agrees to the Agreement and other applicable policies of the Company.

More detailed instructions on account creation are visible in the System. Once all steps are completed, You will be able to use Your user account (the "Account").

2.3 Upon using the System, the Client shall allow cookie use by customizing preferences or allowing all cookies. The Client must read the terms applicable to cookies used by the Company for the provision of Services and proper usage of the System.

2.4 It is mandatory for the Client to accept the Agreement, Privacy Policy, and any other rules governing Services or System.

2.5 The Client may be asked to complete a test to distinguish computers from humans as a mandatory step for creating an Account. Such tests may be required during login, order confirmation, 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 needed for Account creation.

2.7 The Client must provide payment details to complete the order for Services.

2.8 The Company may request You to re-submit or update any data needed for Account creation or ordering Services. Such requests can be made periodically or on an ad-hoc basis at the Company's decision.

2.9 By creating the Account, the Client declares that information provided to the Company is true, complete, valid, and up-to-date, and that the Client owns or has legitimate grounds for using the resources indicated. The Client confirms using their own email address and bank account to pay for Services.

2.10 Accounts can be created only for personal use. The Client shall not share login credentials with any third party or unauthorized person. The Account is strictly for personal use and cannot 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 ban the Client from using the Services for life or any other period at the Company's sole discretion.

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 and Refunds

4.1 The Services are available for a fee. The Company has the right to unilaterally determine Service prices, price validity duration, applicable promotions and discounts, and other payment-related rules at its own discretion.

4.2 The latest applicable prices for Services are available on the System. To upgrade or change a current plan, the Client should contact us via email with a request to modify the order.

4.3 All prices and fees are in USD unless otherwise indicated on the System.

4.4 The Client should check the System for applicable prices and features of each Service prior to placing an order. The price of a Service that has already been ordered and is ongoing may only be changed with the Client's consent.

4.5 The Client agrees to pay the applicable fee after choosing the plan and before creating the Account for Service access. You should always verify the applicable fee before making the initial order.

4.6 The actual applicable fee calculation, payment method, Service provision period, and fee charging frequency are indicated in the System and confirmed by the Client when confirming an initial order.

4.7 If not canceled, the subscription price for Services will be charged for every subsequent period, as described in this Agreement.

4.8 In all cases, the Client must express the will to order the Service with the subscription payment method and shall have the right to revoke such option under the rules applicable to the respective plan.

4.9 The Client must ensure that payment details provided to the Company are valid and that sufficient funds are available for subscription payments.

4.10 Fees for Services are indicated net of any withholding taxes or other taxes. You, as the Client, are responsible for paying any applicable taxes, levies, duties, or other fees.

4.11 The Client warrants using and providing payment information that is owned by the Client or that the Client has the right to use for purposes indicated in this Agreement.

4.12 Subscription Model: Most Services are offered through a subscription model, and pricing is based on the subscription plan selected by the Client. Upon ordering and purchasing a Service, You will have the option to select a specific subscription plan from available options.

• Subscription plan options may include different pricing and term variations.
• Subscription plan options may include various discounts and limited-time offers. You should always analyze provided options and ensure You understand applicable prices, discount conditions and terms, and Your obligations before ordering.
• By selecting a subscription plan, You agree to be bound by its terms and pricing.

4.13 Auto-renewal: Following the conclusion of Your initial subscription plan, Your access to Services will be auto-renewed for an additional period. The subscription will automatically renew at the end of each period, and the corresponding full price (without discounts) will be charged to the Client.

• The Service will be automatically renewed for a renewal period equal to the most recent service period of your order.
• The number of renewals is unlimited and will continue until canceled by the Client.

4.14 Billing Procedure: You will be billed on the same calendar day of the relevant month as the initial or last payment date, unless You cancel beforehand. The exact calendar day may change due to payment failure or if the scheduled payment day is a non-working day. In case of payment failure due to Client-side reasons (such as expired card or insufficient balance), the Company may attempt to automatically reprocess the payment.

4.15 Price Changes: The Company reserves the right to change subscription plans and Service prices at any time. For existing subscribers, the Company will provide at least thirty (30) days' advance notice of any price increase via email to the address associated with the Client's Account. Continued use of the Services after the price change takes effect constitutes acceptance of the new pricing. If the Client does not agree to the new pricing, the Client must cancel the subscription before the new pricing takes effect.

4.16 If the Client does not wish for the Service to automatically renew, the Client must cancel the subscription at least 48 hours before the end of the current period, in which case Services will be terminated upon expiration of the then-current term.

4.17 You must cancel Your subscription plan if you want to stop using the Services.

4.18 Subscription Plan Details: Subscription periods typically range from 1-week to 1-month but can vary. Clients must read the subscription description that appears upon selecting a plan to understand specific terms and conditions.

4.19 Additional Offers: The Company may offer additional services or products on a one-time payment basis. Such purchases are available at the Company's sole discretion.

4.20 Trial Plans and Special Offers: The Company may offer trial subscriptions for a limited time at a reduced price or without payment ("Trial"). By purchasing a Trial plan, the Client acknowledges and agrees to the following:

• The Company will automatically begin charging the Client for the full subscription price on the first day following the end of the Trial period on a recurring basis.
• If the Client does not wish to be charged for the full subscription, the Client must cancel the subscription before the end of the Trial period.
• The specific Trial duration, Trial price, and subsequent subscription price will be clearly displayed at the time of purchase and must be reviewed by the Client before completing the purchase.
• By way of example only: If the Client purchases a 7-day Trial plan, the Client agrees to pay the displayed Trial price for the initial 7-day period. After this introductory period, the subscription will automatically convert into a recurring subscription at the full price displayed at purchase, unless canceled at least 48 hours prior to the end of the Trial period.

4.21 The Client agrees to:

• Cover all additional costs, fees, charges, taxes, and expenses from Service use.
• Order Services with a valid payment card or authorized payment method.
• Provide accurate, complete, and up-to-date information. If information is not current or inaccurate, the Company may suspend Service and the Client forfeits any right to a refund.

4.22 All monetary transfers are handled through third-party dedicated gateways for Client protection. Please read the terms of the chosen payment gateway. After being transferred to a third-party payment service provider, the Client assumes the risk of loss or damage.

4.23 Subscription Plan Cancellation: To cancel Your subscription, You must provide notice at least 48 hours before the start of the next Service period. If cancellation is not made within this timeframe, you will be charged for the following period.

4.24 Refund Policy:

• Generally, no refunds will be issued for any paid subscription periods, except under the following conditions:
• 14-day policy: Clients may be eligible for a refund if they contact the Company within fourteen (14) days of subscribing and have not used any credits from the subscription. The initial credit provided during signup does not count as usage and does not disqualify the Client from a refund.
• Company's fault: Clients may be eligible for a refund (full or partial) if Services were not provided due to the Company's fault.
• Exceptional refunds: In exceptional cases, the Company may, at its sole discretion, issue a full or partial refund if the Client's request is well-founded and circumstances indicate a refund is reasonable, fair, and necessary.

4.25 By purchasing digital products, Clients consent to immediate performance of the Agreement and acknowledge they will lose the right of withdrawal once they exceed the fourteen (14) day term or use subscription credits (initial credit provided during signup does not count).

4.26 Any claims related to Service fees or amounts charged must be submitted in writing no later than 30 days from the date the fee was applied or amount was charged.

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 hereby grants to the Company a perpetual, irrevocable, worldwide, fully paid-up and royalty-free, non-exclusive license, including the right to sublicense (through multiple tiers) and assign to third parties, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze, and exploit in any way now known or in the future discovered, such User Content as well as all modified and derivative works thereof, solely for the purpose of providing and improving the Services.

• To the extent permitted by applicable laws, the Client hereby waives any moral rights in any User Content.
• By uploading, transmitting, or submitting any User Content, the Client affirms, represents, and warrants that such User Content and its uploading, transmission, or submission is: (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions, or other third-party rights, and that the Client has permission from any third party whose personal information or intellectual property is comprised or embodied in the User Content; and (c) free of viruses, adware, spyware, worms, or other malicious code.
• The Client represents and warrants that they have obtained all necessary consents from any individuals depicted in photographs or images uploaded to the System.

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.com with the subject line "DMCA Takedown Request".

9.4 Counter-Notification: 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 Repeat Infringers: 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 associated data as follows:

• Active Accounts: User Content and Generated Content will be retained for the duration of the Client's active subscription and Account.
• Uploaded Images: Original images uploaded by the Client may be retained for up to ninety (90) days after upload to facilitate service delivery and troubleshooting, after which they may be automatically deleted.
• Generated Videos: Generated Content (videos) will be available for download for a period of thirty (30) days from creation, after which they may be automatically deleted from the System.
• Account Termination: Upon termination or cancellation of an Account, the Company may retain User Content and Generated Content for up to thirty (30) days, after which it may be permanently deleted.

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: THE CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (i) THE USE OR INABILITY TO USE THE SERVICES; (ii) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES; (iii) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) THE DELETION, CORRUPTION, OR FAILURE TO STORE ANY CONTENT MAINTAINED BY THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

12.6 Liability Cap: IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY TO THE CLIENT FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT PAID BY THE CLIENT TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

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 You may terminate this Agreement by canceling Your plan (for ongoing Services). The Agreement will be terminated on the last day the Services were paid for, and you will not be eligible for a refund for the already paid 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 impose a lifetime ban on using the Services for the Client in fault. If a lifetime ban is applied, Your 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 is governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles, except to the extent that mandatory consumer protection laws of your country of residence provide you with more favorable rights. Your use of the System may also be subject to other local, state, national, or international laws.

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.com. 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 Arbitration Agreement: EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN CLIENT AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. CLIENT AND COMPANY AGREE THAT THEY ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

15.4 Class Action Waiver: THE CLIENT AGREES THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. THE CLIENT IS AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. You may assert a claim or counterclaim only in Your individual capacity and not as a plaintiff or class member in any class proceeding.

15.5 Arbitration Opt-Out: The Client may opt out of this agreement to arbitrate by emailing support@revivememories.com with the Client's first name, last name, and address within thirty (30) days of accepting this Agreement, with a statement that the Client declines this arbitration agreement.

15.6 Arbitration Procedures: The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Client or Company that an in-person hearing is appropriate. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

15.7 Consumers residing in the European Union may also submit complaints through the European Online Dispute Resolution (ODR) platform or contact their local consumer protection authority. Consumers residing in the United States may contact their local consumer protection agency.

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.

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 of this Agreement take effect at the moment published on the System. By using Services, You agree to be bound by any updated version of the Agreement. The Company may give notice to the Client of any upcoming changes by sending an email to the primary email address provided by the Client, or notifying through the Website.

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.com. 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 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.