Terms of Service



Terms of Service

Emmetros Limited Terms of Service last updated on 11 December 2017.

These terms of service (as amended from time to time, the “Terms”) together with any supplemental policies, such as the MemorySparx Privacy Policy, govern your access to and use of the services available on MemorySparx One mobile applications, at MemorySparx websites, while using MemorySparx services, and while accessing MemorySparx digital properties (collectively, “MemorySparx”) operated by Emmetros Limited of Ontario, Canada (“Emmetros“). 

Your access to MemorySparx and use of our services is subject to your acceptance of and compliance with these Terms.  By accessing MemorySparx you agree to accept and be bound by the current version of these Terms.  If you do not agree to the current version of these Terms, you are not authorized to continue accessing MemorySparx. 

  1. MemorySparx provides a personalized memory aid experience.  When you create an account, we require you to provide information about yourself, including your email address and a password. MemorySparx features allow individuals with this account information to upload content, media, information and materials to MemorySparx (collectively, “Content”). You own any and all intellectual property rights to this uploaded Content.  You agree that, while maintaining your privacy, we can manipulate, use, reproduce, modify, adapt and publish Content for the purpose of enabling us to offer you the features you have elected to use.  You are responsible for this uploaded Content.

  2. The manner in which MemorySparx stores, makes searchable, and displays Content is for information and assistance purposes only.  MemorySparx is not in any way intended as a substitute for the expertise and judgment of any doctor, pharmacist or other healthcare professional.  Making a reliable medical diagnosis, treating any medical condition, and administering any drug therapy require the involvement of independent informed healthcare professionals.  In case of any specific questions regarding the treatment and care of a medical condition, you need to contact your professional healthcare provider.

  3. The form and nature of MemorySparx may change from time to time without prior notice to you. In addition, we may stop permanently or temporarily at any time operating MemorySparx or any features within MemorySparx towards you or towards users generally and may not be able to provide you with prior notice.  We also retain the right to create limits on the use storage at our sole discretion at any time without prior notice to you.

  4. The collection and use of the Content which you provide are subject to our Privacy Policy.  By using MemorySparx you consent to the collection and use of the Content by MemorySparx in accordance with the Privacy Policy.  We promise to take the utmost care with any personal information you upload to MemorySparx.

    We reserve the right at all times (but we will not have an obligation) to remove or refuse to distribute any Content and to terminate users.  We also reserve the right to access, read, preserve and disclose any Content and related or derived data to the extent we reasonably believe it is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or to (v) protect the rights, property or safety of MemorySparx, its users and the public. Accounts that are inactive for more than 6 months may be removed without prior notice.  

    If, upon the lapse of a 30-day free trial period, you decide not to become a paying member, you will be unable to access your Content in the app.  We will hold your content for 90 days following the free trial end or account cancellation.  You can cancel your account at any time by emailing support@emmetros.com.

  5. You are responsible for safeguarding the password that you use to access your account and for any actions taken by using your password.  For data security purposes, MemorySparx may require you to use “strong” passwords (i.e., passwords combining upper and lower case letters, numbers and symbols). We use your password to encrypt all of your Content so that it cannot be accessed by third parties.  Any liability for any damage arising from your failure to comply with these requirements is excluded.  In case you change your email address or forget your password, please notify us at support@emmetros.com in order to recover your account.

  6. There are limitations on the use of MemorySparx.  These limitations are meant to protect our users and to make the use of MemorySparx the best possible experience for all users and authorized persons.  We may need to change these rules from time to time and reserve the right to do so.  No abuse of MemorySparx or a principal user or an authorized person will be tolerated. Any violation of these rules may lead to a temporary or the permanent suspension of all related accounts.  Accounts created to replace suspended accounts will be permanently suspended.

    (a)    Unlawful Use: You shall not use MemorySparx or any Content for any unlawful purposes or in furtherance of any illegal activities. International users are required to comply with all applicable local laws regarding online conduct and acceptable content.

    (b)    Unauthorized Access: You shall not do any of the following while accessing or using MemorySparx: (i) access, tamper with or use non-public areas of MemorySparx (except for your own account), MemorySparx computer systems or the technical delivery systems of our providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) attempt to access or search MemorySparx or any Content by any means (automated or otherwise) other than through our currently available, published interfaces; or (iv) interfere with or disrupt, or attempt to do so, the access of any user, authorized person, host or network.

    (c)    Respect for Privacy of Third Parties: You shall not disclose other people’s personal, family, health, wellbeing or similar data without their express authorization and permission.

    (d)    No Reproduction: You shall not reproduce, duplicate, copy, sell, trade or resell MemorySparx content and its design and look or any information derived from MemorySparx. 

    (e)    You are not entitled to modify or redistribute MemorySparx content and its design and look or any information from MemorySparx or to reproduce, store, link, frame or deep-link it in any other medium or format without our prior written consent. Further, you shall not use MemorySparx for commercial exploitation in any circumstances.

    (f)    No Malware: You shall not provide any malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.

  7. We are providing you with access to MemorySparx pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license.  Emmetros reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

  8. All copyright, database right, patent, other intellectual property right, title and interest in and to MemorySparx (excluding the Content provided by the users and authorized persons) are and will remain the exclusive property of MemorySparx and its licensors. The elements of MemorySparx, including but not limited to general design and imagery, and any information at MemorySparx that is not Content, are protected by copyright, trademark, and possibly patent and other laws relating to intellectual property rights of both Canada and other countries.  

  9. Nothing in these Terms gives you a right to use the MemorySparx name or any of MemorySparx’s trademarks, logos, domain names and other distinctive brand features. You are permitted to take screenshots from MemorySparx solely for your own personal, non-commercial use. 

  10. You are not entitled to use the content of MemorySparx for commercial exploitation in any circumstances. In case you breach the terms of this provision, MemorySparx will have the right to claim damages against you which shall include the right to claim special, incidental, consequential or indirect damages and loss of profits.

  11. While we endeavour to ensure the accuracy of what you see while accessing MemorySparx, neither MemorySparx nor any of its directors, officers, employees, agents, partners, affiliates and licensors may be held responsible for any omissions or errors of this information or for any loss or damages which may subsequently arise.

  12. Any information transmitted via MemorySparx will pass over public telecommunications networks. MemorySparx does not give any warranty or undertaking and does not make any representation that the operation of MemorySparx will be secure, uninterrupted or error free.

  13. MemorySparx may contain links to third-party websites or materials supplied by or contained on any third-party website which is linked from or to MemorySparx.  Emmetros does not accept any responsibility or liability for: (i) the availability or accuracy of such websites or material or (ii) the content, products or services on or available from such websites or materials.  Links to such websites or materials do not imply any endorsement by Emmetros of such websites or materials or the content, products or services available from such websites or materials. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or materials.

  14. Your access to and use of MemorySparx is at your own risk.  Emmetros operates MemorySparx on an “as is” and “as available” basis without warranty of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement of any copyrights, database rights, patents, trademarks or any other intellectual property rights in the jurisdiction in which you access or use MemorySparx.  MemorySparx gives no warranty or undertaking or representation for the completeness, accuracy, availability, timeliness, security or reliability of MemorySparx or that it is of satisfactory quality, up to date or free from viruses, trojans or other harmful or malicious programs.  MemorySparx will not be responsible or liable for any harm to your computer system, loss of data or other harm resulting from your access to or use of MemorySparx or for the deletion of, or the failure to store or to transmit, any Content information and other communications.  

  15. Emmetros makes no warranty that MemorySparx will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from Emmetros or MemorySparx, shall create any implied warranty.

  16. Emmetros and its directors, officers, employees, agents, partners, affiliates and licensors shall in no way be responsible for any decisions you may make based on the use of MemorySparx or information derived from it, including but not limited to whether or not you choose to seek professional medical care or treatment.  You hereby waive any claim you may have or acquire against Emmetros or any of its directors, officers, employees, agents, partners, affiliates and licensors and indemnify and hold Emmetros or any of its directors, officers, employees, agents, partners, affiliates and licensors harmless from any claims, proceedings, costs, special, incidental, consequential or indirect damages and loss of profits relating to your use of the Information.

  17. To the maximum extent permitted by applicable laws, Emmetros and its directors, officers, employees, agents, partners, affiliates and licensors shall not be liable for any losses or direct, indirect, incidental, special, consequential or punitive damages, including without limitation loss of profits, data, use, good-will or other intangible losses, resulting from (i) your access to or use of or inability to access or use MemorySparx, (ii) the use of your Content or information you retrieve from MemorySparx; and (iii) any unauthorized access, use or alteration of your transmissions of Content, in each case however they may arise and whether based on contract, tort or any other legal basis, whether or not foreseeable and irrespective of whether Emmetros has been informed in advance about the possibility of such damage.

  18. The failure of Emmetros to enforce any right or provision of these Terms shall not be deemed to be a waiver of such right or provision.

  19. These Terms, together with any supplemental rules and regulations, such as the Privacy Policy, are the entire and exclusive agreement between Emmetros and you regarding the use of MemorySparx, and shall supersede and replace any prior agreements between Emmetros and you regarding the use of MemorySparx.  In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

  20. Emmetros operates MemorySparx from Canada. You are only allowed to access MemorySparx if you are entitled to enter into a binding contract with Emmetros and are not a person barred from accessing MemorySparx according to the applicable law.  You undertake to access MemorySparx solely in compliance with these Terms and all applicable rules and regulations. MemorySparx is not directed to any person to whom (by reason of such person’s nationality, residence or otherwise) the publication or availability of MemorySparx is prohibited.  Persons to whom such restrictions apply must not access MemorySparx.  

  21. If you choose to access MemorySparx from outside Canada you are solely responsible for compliance with any applicable local laws.

  22. These Terms and the use of MemorySparx shall in all respects be governed by Canadian substantive law. Any dispute arising out of or in connection with these Terms or the use of MemorySparx shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada, and you consent to such jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

  23. You agree that we can communicate with you by email.  Because of the nature and purpose of MemorySparx, we will keep correspondence to an absolute minimum.

  24. You can cancel your MemorySparx account at any time by contacting customer service at support@emmetros.com.

  25. We may revise these Terms from time to time. The most current version will be available at memorysparx.com/tos. Revised Terms shall become effective from the date of publication on memorysparx.com.  By continuing to access MemorySparx after those revisions become effective, you agree to and accept to be bound by the revised Terms.