Terms and Conditions
Last Updated: 12 September 2026
Contents
- Agreement to Terms
- User Registration
- User Representations
- Intellectual Property Rights
- User Content
- Prohibited Activities
- Feedback
- Copyright / DMCA
- Subscription and Payments
- Shared Content
- Shared Content License
- Content Management
- User Responsibilities
- Third-Party Services, Websites, and Other Users
- Disclaimer
- Limitations of Liability
- Termination
- Governing Law
- Dispute Resolution
- Indemnification
- Miscellaneous
- State-Specific Notices
1. Agreement to Terms
These Terms and Conditions constitute a legally binding agreement between you (whether as an individual or on behalf of an entity) ("you") and MemoryLink Technologies LLC ("MemoryLink", "Company", "we", "us", or "our"), regarding your access to and use of:
- The MemoryLink website located at https://memorylink.app.
- The MemoryLink browser extension, as distributed through the Chrome Web Store or any other browser extension store.
- Any MemoryLink mobile application we may make available through the Apple App Store or Google Play Store.
- Any related services, features, tools, APIs, or integrations, and any other media form, media channel, mobile website, or application related, linked, or otherwise connected thereto (collectively, the "Site" or the "Service").
MemoryLink is a personal memory and knowledge tool that helps you capture, revisit, organize, and share what you encounter online, including the pages you visit, highlights you make, PDFs you read, notes you write, and the connections between them. By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions, as well as all applicable laws and regulations of your jurisdiction. If you do not agree with all of these Terms, you are expressly prohibited from using the Site and must discontinue use immediately.
IMPORTANT: PLEASE READ SECTION 19 (DISPUTE RESOLUTION) CAREFULLY. IT CONTAINS AN AGREEMENT TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND INCLUDES A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU HAVE 30 DAYS TO OPT OUT OF THE ARBITRATION AGREEMENT, AS DESCRIBED IN SECTION 19.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. We will indicate any changes by updating the "Last Updated" date of these Terms and Conditions. If we make material changes, we will also notify you by email at the address associated with your account or by posting a prominent notice on the Site before the changes take effect. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted or, for material changes, after we have notified you of them.
The Site and its Content are provided for personal, informational, and knowledge-management purposes. The Service may be used by individuals, researchers, professionals, and teams to save and organize material they find online and to share selected material with others, but it may not be used in any jurisdiction or manner that is prohibited by law or that would subject us to additional regulatory or registration requirements.
You are solely responsible for ensuring that your use of the Site complies with all applicable local laws and regulations.
Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and share your information and which is incorporated into these Terms by reference. By using the Site, you acknowledge that you have read and understand our Privacy Policy and that we will process your personal data in accordance with it. If there is a conflict between these Terms and the Privacy Policy with respect to the collection, use, or processing of your personal data, the Privacy Policy will control.
2. User Registration
You may be required to create an account with MemoryLink to use the Service, including to sync your saved pages, highlights, notes, and other material between the browser extension and the website. You agree to keep your login credentials confidential and will be responsible for all use of your account. We reserve the right to remove, reclaim, or change a username or display name you select if we determine, in our sole discretion, that such name is inappropriate, obscene, or otherwise objectionable.
You must notify us immediately at support@memorylink.io of any unauthorized use of your account or any other breach of security.
3. User Representations
By using the Site, you represent and warrant that:
- All registration information you provide will be true, accurate, current, and complete.
- You will maintain the accuracy of your information and promptly update it as necessary.
- You will keep your email address up to date to ensure you receive important notices about the Service.
- You have the legal capacity to enter into these Terms and agree to comply with them.
- If you use the Site on behalf of a company, organization, or other legal entity, you have the authority to bind that entity to these Terms, and "you" in these Terms refers to both you and that entity.
- You are at least 18 years of age. The Site is not directed to, and may not be used by, anyone under the age of 18. We do not knowingly collect personal information from anyone under 18.
- You will not access the Site through automated or non-human means (such as bots, scripts, or scrapers), except through the browser extension and any official integrations or APIs we provide.
- You will not use the Site for any illegal, unauthorized, or prohibited purpose.
- Your use of the Site will not violate any applicable law or regulation.
- You are solely responsible for any content you create, capture, upload, or store on the Site ("User Content"). You agree not to capture, upload, or transmit any User Content that is illegal, infringing, harmful, obscene, or otherwise objectionable. We reserve the right, at our sole discretion, to remove or disable access to any User Content that violates these Terms or applicable law, without liability to you.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Site (in whole or in part).
4. Intellectual Property Rights
4.1 Ownership of Site, Content, and Marks
Unless otherwise indicated, all parts of MemoryLink are our proprietary property. All source code, databases, software, website designs, browser extension code, text, and media on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property and unfair competition laws, including applicable international laws and conventions.
4.2 Proprietary Systems Covered
The following systems and features are proprietary to us and protected under applicable law:
- Browser-history capture, browsing-session tracking, and revisit tools.
- Web page, URL, and link saving, organization, and retrieval.
- Highlighting and annotation tools for web pages and PDFs.
- PDF viewing, annotation, and note-taking tools.
- Note-taking, rich-text editing, and block-based document tools.
- Memory maps and other visual tools for organizing and linking saved material.
- Search, including full-text and semantic search across your saved material.
- Video transcript, subtitle, and timestamped-note tools.
- Share links and other tools for sharing selected material with others.
- Any AI-assisted features we may offer, such as summarization, mind-map generation, or content analysis.
- All other interactive tools provided on the Site to facilitate memory, knowledge management, and personal organization.
4.3 License to Use the Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the browser extension and any mobile application on devices you own or control, and to access and use the Site, solely for your personal or internal use. This license does not include any right to sell, resell, or commercially exploit the Service, and it terminates automatically if you breach these Terms or if your account is terminated.
4.4 Legal Protection
The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site, and no Content or Marks, may be copied, distributed, transformed, sold, or otherwise exploited for any commercial purpose without our express prior written permission.
4.5 Reservation of Rights
All rights not expressly granted in these Terms are reserved by us. Unauthorized use, reproduction, or distribution of the Site, Content, or Marks may result in account termination and legal action.
4.6 Prohibited Actions (Without Written Consent)
Unless expressly permitted in writing, you may not:
- Copy, reproduce, republish, distribute, sell, license, or exploit any portion of the Site, Content, or Marks for commercial purposes.
- Use the Site or Content to create a competing or derivative service.
- Decompile, reverse engineer, or disassemble the browser extension or any other software forming part of the Site, except to the extent such restriction is prohibited by applicable law.
- Circumvent or attempt to bypass any usage limits, access restrictions, or security protections on the Site.
5. User Content
You retain ownership of all materials you capture, upload, or create on the Site, including saved pages and URLs, browsing history, highlights, PDFs, notes, memory maps, and other user-provided material ("User Content").
By using the Site, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, copy, reproduce, process, adapt, modify, store, transmit, and display such User Content solely for the purpose of providing the Service to you, or for the specific other purposes listed below. This includes actions necessary to facilitate your use of the Service, such as syncing your material between the browser extension and the website, backing it up, indexing it so that you can search it, and generating previews or summaries you request. It also includes sharing User Content with third-party service providers, but only for the sole purpose of providing the Service to you (for example, to host your data, to convert a document you have uploaded to another format, or to index it for search), or as required by law, or pursuant to your explicit instructions or consent.
If you create a share link, you instruct us to make the linked material available to anyone who has the link, as described in Section 10.
We will never sell or publicly share your User Content without your explicit consent. We do not use your private User Content to train machine-learning models.
Much of the material you save with MemoryLink originates from third-party websites, documents, and videos. You are responsible for ensuring that your capture, storage, and sharing of that material complies with applicable law and with the terms of the sites and services from which it originates.
6. Prohibited Activities
You may only use the Site for lawful purposes and in accordance with these Terms. The Site is provided to support personal memory, note-taking, research, and knowledge organization, including the sharing of selected material with others. Any other use is prohibited unless expressly authorized by us in writing.
As a user of the Site, you agree not to:
Misuse of Services
- Access or use the Site for any purpose other than those for which we make it available.
- Use the Site in a way that violates any applicable law, regulation, or rights of others (including intellectual property and privacy rights).
Security Violations
- Circumvent, disable, or interfere with security features of the Site, including features that restrict copying or usage limits.
- Attempt to gain unauthorized access to other users' accounts, data, or systems.
Content Misuse
- Capture, upload, share, or distribute any unlawful, infringing, harmful, obscene, or otherwise objectionable content.
- Use the Site to capture or store the personal information of others without a lawful basis for doing so.
- Upload or transmit viruses, malware, or any harmful code intended to disrupt the Site or other users' access.
- Remove or alter copyright, trademark, or proprietary notices on any Content.
Automated or Abusive Access
- Use bots, scripts, scrapers, or other automated means to access, copy, or interact with the Site, except through the browser extension or as permitted through official integrations or APIs.
- Create accounts by automated means or under false pretenses.
Conduct
- Impersonate another user or misrepresent your identity.
- Harass, threaten, abuse, or intimidate any user or our staff.
- Engage in any conduct that disrupts or places an undue burden on the Site's operation or on other users' ability to use the Service.
Commercial Misuse
- Use the Site to build or promote a competing service.
- Sell, resell, or otherwise exploit Site access without authorization.
- Transfer, sell, or assign your profile or account without our consent.
7. Feedback
If you send questions, comments, feedback, suggestions, or other ideas (collectively, "Feedback") to us by any means, you agree that your Feedback is non-confidential, and you grant us a perpetual, worldwide, royalty-free license to use it for any purpose without acknowledgement or compensation to you. You confirm that you have the right to grant us this license (for instance, if it is someone else's idea, you have gotten their permission to share it under these terms).
This license does not apply to any personal notes, saved pages, or other User Content you may attach or otherwise make available to help us understand the Feedback or solve a technical problem. We will keep such material confidential (unless you submit it directly to a public forum), and you grant us a license to use it only for the purpose of understanding the Feedback or solving the problem.
8. Copyright and DMCA
We respect the intellectual property rights of others. If you believe that any material on or through the Site infringes any copyright you own or control, please notify us immediately using the contact information below (a "Notification").
Your Notification should include:
- A description of the copyrighted work or intellectual property you claim has been infringed.
- A description of where the allegedly infringing material is located on the Site (for example, the share link at which it appears).
- Your contact information (address, phone number, and email).
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in your Notification is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
- Your physical or electronic signature.
A copy of your Notification may be sent to the person who posted or stored the material. Please note that under applicable law, including Section 512(f) of the Digital Millennium Copyright Act, you may be held liable for damages if you make false claims. If you are unsure whether material infringes your copyright, you should consider consulting an attorney.
Contact: support@memorylink.io
9. Subscription and Payments
Some features of the Site may be offered free of charge, and others may require a paid subscription or other payment. The features, prices, and billing terms of any paid plans will be described at the time of purchase. If we introduce or change paid plans, the terms in this Section will apply to them.
When you sign up for a subscription plan and attach a payment method, you authorize us (and our payment processor) to automatically renew your subscription at the end of each billing cycle (monthly or yearly, depending on your selection) and to charge your payment method on file until you cancel. If we offer a fixed-term plan that does not renew, access ends when the stated term concludes.
You agree to provide MemoryLink with accurate and up-to-date billing information. If a renewal charge fails, we may attempt to process the payment again. If charges continue to fail, your subscription may be suspended or canceled, and access to subscription features will end.
You may cancel your subscription's automatic renewal at any time from your account settings or by contacting us at support@memorylink.io.
- Cancellation will take effect at the end of the current billing period.
- To avoid being charged for the next cycle, you must cancel before your renewal date.
We may change the subscription fees for existing subscriptions. If the fee is to increase, we will provide you with at least 30 days' notice of the change via email, during which time you can cancel your subscription if you do not wish to pay the higher fee.
Subscription fees are exclusive of taxes unless otherwise stated, and charges are made in the currency shown at checkout. Any applicable taxes or currency-conversion fees are your responsibility.
Refund Policy
If you cancel a paid subscription within 24 hours of your initial purchase, you are entitled to a full refund. Beyond this, refunds are available within 14 days of your initial payment unless your account has already made substantial use of paid features, in which case we may decline a refund due to incurred costs. After the 14-day period, all payments become non-refundable except where required by law. To request a refund, contact us at support@memorylink.io, and any approved refund will be issued to your original payment method.
10. Shared Content
MemoryLink lets you share selected User Content with others, for example by creating a share link to a saved page, a browsing session, a note, or a memory map. Material you share in this way is "Shared Content".
By default, your User Content is private to you. Content becomes Shared Content only when you take an action to share it, such as creating a share link. Anyone who has a share link may be able to view the Shared Content without an account, and Shared Content may be copied, forwarded, or, in some cases, indexed by search engines and become discoverable outside the Site. You may delete a share link at any time, after which the link will stop working, but we cannot retrieve copies that were made while the link was active.
When you share any Shared Content, you represent and warrant that:
- You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to share, the Shared Content and to authorize us and the people you share it with to use it as contemplated by these Terms.
- The sharing, transmission, or display of your Shared Content does not infringe any proprietary rights, including copyright, patent, trademark, trade secret, or moral rights of any third party.
- If your employer or institution has rights to intellectual property you create, you have received permission or secured a waiver to share the Shared Content.
- You have consent from any identifiable individuals in your Shared Content to use their name, likeness, or personal information.
Your Shared Content must comply with the following standards:
- Legal Compliance: Shared Content does not violate any applicable law, regulation, or rule.
- Respectful Communication: Shared Content is not obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable.
- No Harassment: Shared Content does not ridicule, mock, disparage, intimidate, abuse, harass, or threaten any person.
- Privacy Protection: Shared Content does not violate the privacy or publicity rights of any third party or expose personal information without consent.
- No Spam: Shared Content is not unsolicited advertising, promotional material, spam, or mass-distribution content.
- Child Safety: Shared Content does not violate laws concerning child protection or the safety of minors.
- Non-Discriminatory: Shared Content does not include offensive comments connected to race, national origin, gender, sexual orientation, religion, age, disability, or other protected characteristics.
You may not share Shared Content that:
- Contains viruses, malware, or other harmful code.
- Promotes illegal activities or provides instructions for unlawful acts.
- Violates copyright law or infringes third-party intellectual property rights.
- Creates security risks or exposes confidential information.
- Is designed to mislead recipients about its source (spoofing).
- Drives traffic to unrelated third-party sites for commercial purposes.
11. Shared Content License
11.1 License Granted to MemoryLink for Shared Content
By creating a share link or otherwise making User Content available to others through the Site, you grant MemoryLink a worldwide, non-exclusive, royalty-free license (with the right to sublicense to our service providers) to host, use, reproduce, display, transmit, adapt, and distribute that Shared Content as necessary to make it available to the people you share it with and to operate the Service. This license lasts for as long as the content remains shared, except for uses that occurred while it was shared and for copies retained in routine backups.
This license does not authorize us to sell or otherwise commercialize your Shared Content separately from the Service, or to use it to promote the Service, without your explicit approval.
We do not assert any ownership over your Shared Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with it. We are not liable for any statements or representations in your Shared Content. You are solely responsible for your Shared Content, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Shared Content.
11.2 Private Content
User Content that you have not shared remains your property and is only accessed, processed, or used by MemoryLink as necessary to provide the Service to you, to ensure platform integrity, or as otherwise required by law. We will never use private User Content for marketing, advertising, or machine-learning model training, nor will we disclose or share it with third parties except as required to provide the requested Service or by legal obligation.
Any content that was previously shared but is later made private again (for example, by deleting its share link) will no longer be subject to the license in Section 11.1, except for rights already granted or uses that occurred while the content was shared.
11.3 License Granted to Recipients of Shared Content
When you access, view, copy, import, or download Shared Content that another user has shared with you, the original user grants you a worldwide, non-exclusive, royalty-free license to:
- Use, copy, reproduce, and adapt the content for your personal use.
- Incorporate the content into your own notes, memory maps, and other material on the Site.
- Modify the content for your own purposes.
Limitations:
- This license is for personal use only.
- You may not redistribute or commercialize the content outside the Site without the original user's permission.
- Attribution to the original user is encouraged for substantial use.
- This license does not extend to third-party material contained in the Shared Content (such as the text of a saved web page or PDF), which remains subject to the rights of its original owner.
11.4 Additional Rights
Users may grant additional rights beyond the standard license by explicitly stating so within their Shared Content. We encourage proper attribution when using material others have shared with you.
12. Content Management and Moderation
MemoryLink reserves the right, in our sole discretion, to:
- Remove, disable, or restrict access to any Shared Content or share link at any time, with or without notice, if we believe it violates these Terms or applicable law.
- Review Shared Content in response to a report, a legal request, or a suspected violation of these Terms.
- Suspend the sharing features of any account that repeatedly violates these Terms.
We are not obligated to monitor User Content or Shared Content but may do so to maintain the integrity of the Service and to comply with the law. If you encounter Shared Content that you believe violates these Terms, please report it to support@memorylink.io.
13. User Responsibilities
You are responsible for:
- Taking precautions to protect your devices and data when installing the browser extension, opening share links, or downloading content.
- Verifying the accuracy and appropriateness of any material you save, rely on, or share.
- Respecting the intellectual property, privacy, and publicity rights of others in the material you capture and share.
- Maintaining your own copies of any User Content that is important to you. While we take reasonable steps to protect your data, you should not rely on the Site as your only copy.
- Reporting violations of these Terms to MemoryLink support.
MemoryLink does not review all User Content and cannot guarantee its accuracy, usefulness, or value. We disclaim responsibility for harm resulting from user-generated or user-captured content while maintaining the right to moderate Shared Content for the benefit of the Service.
14. Third-Party Services, Websites, and Other Users
The Site captures and links to content from third-party websites, documents, and video platforms, and may rely on third-party services (such as hosting, authentication, and payment providers) to operate. We do not control, endorse, or assume responsibility for any third-party website, service, or content, including any website you visit while using the browser extension or any material you save from it. Your use of third-party websites and services is governed by their own terms and privacy policies, and you are responsible for complying with them.
The browser extension is distributed through third-party extension stores, and your installation and use of it may also be subject to the terms of the applicable store.
Other users. Your interactions with other users of the Site, including anyone with whom you exchange Shared Content, are solely between you and those users. We are not responsible for any loss or harm resulting from those interactions, and we reserve the right, but have no obligation, to become involved in disputes between users.
Release. To the fullest extent permitted by law, you release MemoryLink and its members, managers, officers, employees, agents, successors, and assigns from all claims, demands, and damages of any kind, known or unknown, arising out of or related to your interactions with other users, any Shared Content created by other users, or any third-party website, service, or content. If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party."
15. Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT, ANY AI-GENERATED SUMMARIES, MAPS, OR RESPONSES, ANY SEARCH RESULTS, OR THE CONTENT OF ANY THIRD-PARTY SOURCES INCLUDING WEB PAGES, PDFS, VIDEOS, OR OTHER LINKED MATERIALS, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING USER-CAPTURED PAGES, HIGHLIGHTS, NOTES, AND AI-GENERATED OUTPUT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, BROWSING DATA, AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, INCLUDING LOSS OF SAVED PAGES, BROWSING HISTORY, HIGHLIGHTS, NOTES, MEMORY MAPS, OR OTHER USER CONTENT, (5) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, (7) ANY INCOMPATIBILITY BETWEEN THE BROWSER EXTENSION AND ANY BROWSER, WEBSITE, OR OTHER SOFTWARE, OR ANY CHANGE TO A THIRD-PARTY WEBSITE OR SERVICE THAT AFFECTS THE SITE'S ABILITY TO CAPTURE OR DISPLAY CONTENT FROM IT, AND/OR (8) ANY INACCURACIES, BIASES, OR INAPPROPRIATE RESPONSES FROM ANY AI-POWERED FEATURES, INCLUDING BUT NOT LIMITED TO SUMMARIZATION, MIND-MAP GENERATION, AND SEMANTIC SEARCH. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT OR SERVICES CREATED OR SHARED BY USERS THROUGH THE SITE, ANY HYPERLINKED WEBSITE, THIRD-PARTY INTEGRATION, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTIONS, CONTENT SHARING, OR TRANSACTIONS BETWEEN YOU AND OTHER USERS OR THIRD-PARTY PROVIDERS. AS WITH THE USE OF ANY TOOL FOR SAVING AND ORGANIZING INFORMATION, YOU SHOULD USE YOUR BEST JUDGMENT, VERIFY INFORMATION WITH AUTHORITATIVE SOURCES, AND EXERCISE CAUTION WHERE APPROPRIATE, PARTICULARLY WHEN MAKING IMPORTANT DECISIONS. WHERE APPLICABLE LAW REQUIRES WARRANTIES THAT CANNOT BE DISCLAIMED, THOSE WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM YOUR FIRST USE OF THE SITE.
16. Limitations of Liability
IN NO EVENT WILL WE OR OUR MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. Termination
These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU STORED OR SHARED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
You may stop using the Site and delete your account at any time from your account settings or by contacting us at support@memorylink.io. Deleting your account will delete your User Content in accordance with our Privacy Policy, and any share links you created will stop working.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We may modify, suspend, or discontinue the Site, or any feature or part of it, at any time, with or without notice. We will not be liable to you or to any third party for any such modification, suspension, or discontinuation. We have no obligation to provide support or maintenance for the Site, although we may choose to do so.
Any provision of these Terms that by its nature should survive termination will survive, including Sections 4 (Intellectual Property Rights), 5 (User Content), 7 (Feedback), 11 (Shared Content License), 13 (User Responsibilities), 14 (Third-Party Services, Websites, and Other Users), 15 (Disclaimer), 16 (Limitations of Liability), 17 (Termination), 18 (Governing Law), 19 (Dispute Resolution), 20 (Indemnification), 21 (Miscellaneous), and 22 (State-Specific Notices).
18. Governing Law
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Subject to Section 19 (Dispute Resolution), any disputes arising out of or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and you consent to the personal jurisdiction of those courts.
The Service is operated from the United States and is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We make no representation that materials on the Site are appropriate or available for use in other locations. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Users accessing the Site from outside the United States acknowledge that they are doing so at their own risk and agree that all matters relating to their access to, or use of, the Site shall be governed by the laws of the State of Delaware and resolved as described in this Section and Section 19, regardless of their location.
19. Dispute Resolution
[OPTIONAL: Keep this Section if you want disputes resolved by arbitration rather than in court. Delete it if not. If kept, confirm the arbitration body, opt-out window, small-claims carve-out, and mass-arbitration procedure with counsel.]
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND YOUR RIGHT TO A JURY TRIAL.
Applicability. Except as provided in the Exceptions paragraph below, you and MemoryLink agree to resolve all disputes, claims, and controversies arising out of or relating to these Terms, the Site, or your relationship with us through binding individual arbitration rather than in court. This arbitration agreement applies to all such claims, including claims that arose before you agreed to these Terms.
Informal resolution first. Before starting arbitration, you and MemoryLink agree to try to resolve the dispute informally. The party raising the dispute must send a written notice to the other party describing the dispute and the relief sought (an "Informal Notice"). You may send an Informal Notice to us at support@memorylink.io, and we will send one to the email address associated with your account. Within 45 days of receipt of the Informal Notice, the parties will confer in good faith by phone or video conference in an attempt to resolve the dispute. If the dispute is not resolved within 60 days of receipt of the Informal Notice, either party may start arbitration. Completing this informal process is a condition precedent to starting arbitration.
Binding arbitration. Any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Section, rather than in court. The AAA rules are available at www.adr.org. The arbitration will be conducted by telephone, video conference, or written submissions. If an in-person hearing is required, it will be held in the county where you reside, unless you and MemoryLink agree otherwise. The arbitrator may award the same relief that a court could award, but only on an individual basis. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. All arbitration filings, materials, and awards are confidential, except as needed to enforce an award. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
Authority of the arbitrator. The arbitrator has exclusive authority to resolve all disputes, including disputes about the interpretation, scope, and enforceability of this arbitration agreement, except that a court, and not the arbitrator, will decide: (1) any challenge to the class action waiver below; (2) disputes about the payment of arbitration fees; (3) whether the informal resolution process above has been completed; and (4) which version of these Terms applies to a dispute.
Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property rights or to prevent unauthorized access to or misuse of the Site.
Waiver of jury trial. BY AGREEING TO ARBITRATION, YOU AND MEMORYLINK WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL CLAIMS COVERED BY THIS SECTION.
Class action waiver. YOU AND MEMORYLINK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If a court finds this class action waiver unenforceable as to a specific claim, that claim will be severed from arbitration and litigated in the state or federal courts located in the State of Delaware, as described in Section 18, and all other claims will remain subject to arbitration.
Attorneys' fees. Each party will bear its own attorneys' fees and costs in any arbitration, unless the arbitrator finds that a claim or defense was frivolous or brought for an improper purpose, or unless applicable law or the AAA rules provide otherwise.
Mass arbitration. If 25 or more substantially similar arbitration demands are filed against MemoryLink within a 90-day period by or with the assistance of the same law firm or coordinated group, the parties agree that the demands will be resolved under the AAA Mass Arbitration Supplementary Rules then in effect. If those rules do not apply, the AAA will batch the demands into groups of up to 100, assign one arbitrator to each batch, and charge a single set of filing and administrative fees per batch. Any statute of limitations applicable to a batched demand is tolled from the date the demand is filed until the batch is resolved.
Opt-out. You may opt out of this arbitration agreement and class action waiver by emailing support@memorylink.io within 30 days of first accepting these Terms, or within 30 days of being notified of a material change to this Section, stating your full legal name, the email address associated with your account, and that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
Severability. If any part of this Section 19 other than the class action waiver is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder of this Section will still apply.
20. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective members, managers, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your User Content or Shared Content; (2) your use of the Site; (3) your breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property or privacy rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. You agree not to settle any such claim without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
21. Miscellaneous
These Terms, together with our Privacy Policy and any other policies or operating rules posted by us on the Site or in respect to the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent, and any attempted assignment without consent is void. We may assign any or all of our rights and obligations to others at any time, and these Terms bind any permitted assignee. The word "including" means "including without limitation." We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
By using the Site, you consent to receiving communications from us electronically, by email to the address associated with your account or by notices posted on the Site. You agree that these electronic communications satisfy any legal requirement that a communication be in writing.
You agree not to export, re-export, or transfer the browser extension, any mobile application, or any other software or technical data obtained from the Site in violation of United States export control laws or the applicable laws of any other country.
22. State-Specific Notices
The provisions in this Section 22 apply only to users who are subject to the laws of the states identified below. If a provision in this Section conflicts with another provision of these Terms, the state-specific provision controls for users subject to that state's laws.
California. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, at 1625 N. Market Blvd., Suite N112, Sacramento, CA 95834, or by phone at (800) 952-5210. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following notice: the provider of the Site is MemoryLink Technologies LLC, [COMPANY ADDRESS]. To file a complaint regarding the Site, or to receive further information regarding use of the Site, send a letter to the above address or contact us at support@memorylink.io. You may also contact the Complaint Assistance Unit at the address and phone number above. You may also have rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, including the right to know what personal information we collect, the right to delete or correct your personal information, and the right to opt out of the sale or sharing of your personal information. For details on how to exercise these rights, please see our Privacy Policy.
Colorado, Connecticut, and Virginia. If you are a resident of Colorado, Connecticut, or Virginia, you may have additional rights under the Colorado Privacy Act, the Connecticut Data Privacy Act, or the Virginia Consumer Data Protection Act, including rights to access, correct, delete, and obtain a copy of your personal data, and the right to opt out of the processing of your personal data for targeted advertising, the sale of personal data, or certain profiling. For details, please see our Privacy Policy.
Nevada. If you are a Nevada resident, you have the right under Nevada Revised Statutes Chapter 603A to direct us not to sell certain information we have collected or will collect about you. We do not sell personal information, but you may submit such a request at any time by contacting us at support@memorylink.io.
Other states. Residents of other states with comprehensive consumer privacy laws, including Texas, Oregon, Montana, Utah, Iowa, Indiana, and Tennessee, may have similar rights. For details on how to exercise them, please see our Privacy Policy.
Contact Us
If you have any questions about these Terms, please contact us at:
MemoryLink Technologies LLC support@memorylink.io