Petamory Terms of Use

Petamory Terms of Use (“Terms”) are an agreement entered between you and Metamory Technology Limited and its affiliates (collectively “Metamory”, “we”, “us” or “our”) in connection with your use of Petamory’s app (“App”). You acknowledge that you have read these Terms prior to your use of Petamory. In order to use certain features of our Services, you may be required to register with our Services and create a user account by providing an email address and a password. As an alternative way to register, you may use your existing Google / Apple account. By clicking [“Sign up”] and ticking the checkbox confirming you agree to these Terms of Service, you agree to be bound by these terms. If you do not accept all of the terms and conditions, please do not continue with the registration process.

If you further choose a paid subscription, you will be asked to provide your payment information. By providing this information you grant us the right to charge our fees for performing the Services covered in your subscription. Other than this, the registration is free of charge. We will accept your offer by sending you a confirmation email or by providing the Services to you.

You must keep your password confidential and you will be responsible for all use of your account and password. You are not allowed to pass on or to resell access to your account to others.

Supplemental terms and conditions or documents that may be posted from time to time are hereby expressly incorporated herein by reference. We reserve the right, in Metamory’s sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the “Last Updated” date of these Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed as each time you access the App, you will be subject to, and will be deemed to have been made aware of and to have accepted, the then applicable Terms.

(a) General description of services

We agree to provide Petamory Services to you. These services include all Petamory products, features, applications, services, technologies and software we offer to advance Petamory's mission and vision: to provide comprehensive memorial solutions that combine the power of tradition and innovation, by providing a series of practices that seamlessly blends services with cutting-edge technology to create a world where technology is used to preserve and celebrate memories in a safe, meaningful and timeless manner, allowing individuals to maintain a genuine connection with their beloved pets.

These Terms of Service (the "Terms") govern your use of the Community function, AR Pet, AI Companion, Chatroom, Photo Taking and other software we offer, except where we expressly state that separate terms (and not these) apply. These Products are provided to you by Metamory.

You can use Petamory for free, but at the same time, merchants and organizations pay us to place advertisements on the products of Metamory companies to promote their goods or services. Your use of the Services described in these Terms constitutes your consent for us to display such advertisements to you. We use your personal data, such as information about your activity and interests, to show you more relevant ads.

We will show you relevant and useful ads without disclosing who you are to advertisers. We will not sell your personal data unless you have given us your express permission. We allow advertisers to provide information such as business goals and the characteristics of the target audience they want to target. We then serve their ad to people who may be interested.

In case of any dispute, the final interpretation of any and all Terms are at the sole discretion of Metamory.

(b) Who may use the services

Age requirement: If you are below 13, you must have your parent or legal guardian’s permission to use our Services. Please have your parent or legal guardian read these terms with you.

If you are a parent or a legal guardian, and you allow your child to use our Services, then these terms apply to you and you are responsible for your child’s activity while they use our Services.

(c) Content uploaded (ownership, responsibility, use of content)

In general, we give you permission to use our Services if you agree to follow these terms.

Although we give you permission to use our Services, we reserve our Intellectual Property Rights that we have in them. This includes, for example, all source code, databases, functionality, software, technology, videos, website designs text and graphics contained in our Services, as well as their design and arrangement. This also includes our trademarks, trade names and logos. We ask you not to copy, reproduce, republish, upload, publicly display, distribute, sell, license or use any parts of our Services described above for commercial purposes. You must not use any part of our Services or their output to research and develop products, models and services that compete with Metamory.

Provided you have the necessary intellectual property rights in the Content you Generate with our Services, you may use this Generated Content for commercial purposes.

(d) Permission to use Your Content

In general, our Services let you upload media files and generate content. But you do not have to provide any files to our Services and you are free to choose the media files that you want to upload. If you choose to upload files with the intention of sharing the Content you Generate using those Files, please make sure you have the necessary rights to do so and that you share your Generated Content lawfully.

(e) Disclaimers and limitation of liability

We’re continuously improving our Services to meet your needs. However, for legal purposes, we offer our Services without warranties unless explicitly stated in our Service-specific additional terms. The law requires that we explain this using specific legal language and that we use capital letters to help make sure you see it:

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, 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 OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY

(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS

(2) INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF COPYRIGHT AND RIGHT OF PUBLICITY, AS A RESULT OF THE USE OF OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, BY YOU

(3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE

(4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN

(5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE

(6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR

(7) 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. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, 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 TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

To the extent allowed by law, Metamory is only liable for its breaches of these terms or applicable Service-specific additional terms.

Metamory is not liable for:

Loss of profits, revenues, business opportunities, goodwill or anticipated savings
Indirect or consequential losses
Punitive damages

You agree to indemnify, defend, release, and hold us harmless including our subsidiaries, Affiliates, and all of our respective officers, agents, legal counsels, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses from any claims made by any natural person or other third party in connection with the use, processing and storage of the Files you Upload to our Services.

You also agree to accept full legal responsibility for, and pay any and all royalties, penalties, fees, or damages awards resulting from, any claims of intellectual property infringement brought against us by others resulting from the Files and Content you Upload and Generate using our serves that you do not own or are not otherwise authorized to provide to us.

We are not liable for any statements or representations in your Uploaded Files and Generated Content. You are solely responsible for the Files you Upload to and Content you Generate using our Service and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Generated Content.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, LEGAL COUNSELS 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, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE AND/OR OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING EVEN IF ADVISED OF THEIR POSSIBILITY: (1) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, INFORMATION OR SERVICES; (2) ANY LOSS, DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE, OR ANY CONTENT (OR INFORMATION) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES; (3) ANY LOSS, DAMAGE OF ANY KIND INCURRED AS A RESULT OF INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF COPYRIGHT AND RIGHT OF PUBLICITY, AS A RESULT OF THE USE OF OUR SERVICES, INCLUDING THE VOICE CLONING SERVICE; (4) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (5) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (6) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES; AND/OR (7) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY. 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 AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US 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.

Community Rules

We hope to create a safe and peaceful pet chat and discussion platform, where people can document and commemorate their pets’ lives, and help each other along the grieving process. We invite you to join us in building this community.

Prohibited Activities

We do not proactively monitor the Content you Upload to our Services. You are responsible for the Files you Upload and generate using our Services. We may be required to take action if we find that the Content you Upload or generated violates the law or these terms.

As a user of our Services, you agree NOT to use our Services to:

violate or breach any national or international law,
violate the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, including generating Content that discriminates against people based on their race, color, national or ethnic origin, religion, age, sex, gender, sexual orientation and/or preference, or physical handicap,
violate the rights of others, including but not limited to infringing Copyright, right of publicity, right of likeness, and/or any other Intellectual Property Rights, or to defame a third party or cast a third party in false light,
fraudulently impersonate other people or companies,
exploit or harm minors,
harass or threaten any person or to promote violence against a specific person or class of people,
trick or mislead us or other users, especially in an attempt to learn sensitive account information, for example user passwords,
disable, interfere with or circumvent security-related features of our Services,
interfere with, disrupt, or create an undue burden on our Services or the networks or services connected to ours,
engage in any automated use of the systems (except of our Public API), for example by using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools,
copy our Services’ software, including any and all code belonging to us,
reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law),
sell or transfer your profile to any other person,
harass, annoy, intimidate, or threaten any of our employees engaged in providing our Services or assistance to you,
make improper use of our support Services or submit false reports of abuse or misconduct,
harm us or our Services in any way.

Taking action in case of violations

Before taking action as described below, we will inform you in advance when reasonably possible. We will endeavor to provide the reason for our action and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:

Cause harm or liability to others, or us
Violate the law or a legal enforcement authority’s order
Compromise an investigation
Compromise the operation, integrity or security of our Services

If you have a justified reason to claim that some of the content originated with Metamory and breaches some of the terms of this ToS you can report it following the Moderation Policy below.

Removing Your Content

If we reasonably believe that any of Your Content breaches these terms, or violates applicable law, or could harm others, or Metamory, then we reserve the right to take down some or all of that Content in accordance with applicable law. Examples include content that facilitates human trafficking or harassment, terrorist content, and content that infringes someone else’s Intellectual Property Rights. You agree to not hold Metamory liable if we remove your content in accordance to a lawful demand from the relevant authorities.

Moderation Policy

Introduction: This section outlines our policy for taking action when content created by the users is illegal, harmful, or violates our platform's Terms of Service. We are committed to fostering a respectful, safe, and inclusive environment for all users. To achieve this, we have established guidelines for acceptable use and a process for reviewing reported violations.

Purpose: The purpose of this policy is to clearly delineate unacceptable content on our platform and specify the actions we may take in response to a violation. This policy also establishes a procedure for the removal of infringing content and user accounts.

Content Restrictions: Those include but are not restricted to:

Abusive Content: We prohibit uploading and creating content that harasses, threatens, or harms individuals or groups.
Violence and Hate: We strictly prohibit content that incites violence or promotes hate based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.
Other Harmful Content: We also prohibit any content that is harmful or disruptive, including, but not limited to, content that violates laws or regulations, invades others' privacy, infringes on intellectual property rights, or promotes illegal activities.

Please check the Prohibited Activities section for the full list of content restrictions.

The Procedure:

Reporting: Users can report any harmful, criminal, or Terms of Service-breaching content or behavior by sending a detailed account to [email protected] email. The report must include a link to the offensive content, enabling Metamory to verify if the content was created using our services.
Verification: Upon receiving a report, Metamory will verify whether the content was produced through its services. If it was, Metamory will assess if the content violates our Terms of Service or is criminal or harmful in nature.
Action upon Violation: If the content is found to be criminal or in violation of our Terms of Service, Metamory will notify the user responsible for the content. Depending on the exact context and circumstances, Metamory may:
a) Delete the content and/or caution the user,
b) Delete the user's account,
c) Permanently ban user, preventing future account registration, and
d) Notify relevant authorities if the content also constitutes a crime.

Method for Moderation Decision:

Severity: We consider the degree of harm or potential harm the content could cause. More severe violations warrant stricter actions.
Context: We analyze the context in which the content is used. Some content may be acceptable in certain contexts but not in others.
Intent: We determine whether the content was intended to cause harm or was merely a result of negligence or lack of awareness.
Recurrence: We evaluate the user's behavior history on the platform. Users with repeated violations may require stronger actions.
Appeals: Users can appeal against any decision by Metamory within seven days of notification about the violation. Upon receiving an appeal, Metamory will thoroughly reevaluate the case. If the user provides a reasonable and sufficient explanation, we may reinstate the content and the user's account.
Discretionary Powers: Metamory reserves the right to make the final decision on what content and behavior aligns with or violates our Terms of Service.

All users are responsible for their own behavior on the platform. By using our service, users agree to abide by these rules and accept the consequences of any violations.

By promoting responsible use and establishing clear consequences for harmful behavior, we aim to foster a respectful and safe community for all users. We will periodically update this policy to address emerging forms of harmful content or any other concerns. All users are encouraged to stay informed about these guidelines and report any violations they encounter.

Suspending or terminating your access to Metamory services

Metamory reserves the right to suspend or terminate your access to the Services, and / or delete your Metamory Account if any of the following occur:

you materially or repeatedly breach these terms,
we are required to do so to comply with a legal requirement or a court order,
we reasonably believe that your conduct causes harm or liability to a user, third party, or Metamory — for example, by harassing, misleading, impersonating, defaming others, or hacking, phishing, scraping content that doesn’t belong to you.

If you believe your account on our Service has been suspended or terminated in error, you can appeal to [email protected] .

Cookie Terms

Similar to most online services and mobile applications, we may use cookies and other technologies, such as web beacons, web storage, and unique advertising identifiers, to collect data about your activity, browser, and device. We may also use these technologies to gather information when you engage with services that we offer through one of our partners, such as advertising and commerce features. For instance, we may use data collected on other websites to display more relevant ads. Many web browsers are set to accept cookies as the default setting. However, you may remove or reject browser cookies through the settings on your browser or device. Please note, however, that removing or rejecting cookies may impact the availability and functionality of our services.

The information we collect includes:

Log and usage data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

By clicking “Accept all”, you are agreeing to the placement and use of cookies as described in our Cookie Policy [insert link]. You can always change your preferences by clicking “Manage Cookies” at the bottom of any page.

In case of any dispute, the final interpretation of any and all Cookie Terms are at the sole discretion of Metamory.