Welcome to Memingo! These Terms of Service ("Terms") constitute a legally binding agreement between you and Memingo ("we," "us," or "our") governing your access to and use of the Memingo mobile application and related services (collectively, the "App"). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
You must be at least 13 years old to use Memingo. If you are under 18, you represent that you have obtained permission from your parent or legal guardian to use the App. By using the App, you confirm that you meet these age requirements and have the authority to enter into these Terms.
Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-exclusive, and revocable license to download, install, and use the App solely for your personal, non-commercial purposes on devices you own or control.
You agree that you will NOT:
You retain ownership of any memes or content you create using the App ("Your Content"). By creating and sharing content through the App, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, display, and distribute Your Content solely for the purpose of operating and improving the App.
You are solely responsible for Your Content and the consequences of sharing it. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any user-generated content.
We reserve the right, but have no obligation, to monitor, review, or remove any content that violates these Terms or that we deem inappropriate, at our sole discretion.
The App provides access to various meme templates and images. Some of these may be copyrighted by third parties. You are responsible for ensuring that your use of any templates, images, or content complies with applicable copyright laws and the rights of third parties. We are not responsible for any copyright infringement arising from your use of the App.
The App may contain links to third-party websites, services, or resources, and may integrate with third-party services such as advertising networks, analytics providers, or social media platforms. We are not responsible for the availability, content, privacy practices, or terms of use of any third-party services. Your interactions with third-party services are solely between you and the third party.
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and share your information.
The App and its original content (excluding user-generated content), features, and functionality are owned by Memingo and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.
If you provide us with any feedback, suggestions, or ideas about the App, you grant us the right to use such feedback without any obligation to you.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:
The App will function uninterrupted, securely, or be available at any particular time or
location
Any errors or defects will be corrected
The App is free of viruses or other harmful components
The results of using the App will meet your requirements
Some jurisdictions do not allow the exclusion of implied warranties, so some of the
above exclusions may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEMINGO, ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS
OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
Your access to or use of (or inability to access or use) the App, Any conduct or content of
any third party on the App, Unauthorized access, use, or alteration of your content or any
other matter relating to the App.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT
EXCEED THE AMOUNT YOU PAID US TO USE THE APP IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT
GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or
consequential damages, so the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Memingo and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: Your access to or use of the App, Your violation of these Termsm Your violation of any third-party right, including intellectual property rights or privacy rights and Your Content.
By You: You may stop using the App at any time by deleting it from your device.
By Us: We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for any reason, including if we believe you have violated these Terms or engaged in conduct that we deem inappropriate or harmful.
Upon termination, your right to use the App will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification, and limitations of liability.
We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice, and without liability to you.
We may revise these Terms from time to time. We will notify you of material changes by posting the updated Terms within the App or by other reasonable means. Your continued use of the App after such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App.
These Terms shall be governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law principles.
Dispute Resolution: Any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for violations of intellectual property rights. The arbitration shall take place in [Your Location], and judgment on the arbitration award may be entered in any court having jurisdiction.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Memingo regarding the App and supersede all prior agreements.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.
By using Memingo, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
If you have questions about these Terms:
Email: [email protected]