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.