Terms of Use for Remember Faces

Last updated: January 5, 2025

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and The Software Collective ("Company," "we," "us," or "our") concerning your access to and use of the Remember Faces mobile application ("App").

By accessing or using Remember Faces, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access or use the App.

Special Note for Caregivers:

If you are setting up or managing this App on behalf of someone with memory challenges, you represent that you have the legal authority to accept these terms on their behalf and that you will ensure the App is used in accordance with these Terms.

2. Use License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install a copy of the App on mobile devices that you own or control
  • Use the App for your personal, non-commercial purposes
  • Help family members with memory challenges to use the App

You may not:

  • Copy, modify, or create derivative works based on the App
  • Distribute, transfer, sublicense, lease, lend, or rent the App to any third party
  • Reverse engineer, decompile, or disassemble the App
  • Make the functionality of the App available to multiple users through any means
  • Use the App for any illegal or unauthorized purpose

3. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account
  • Ensuring that any caregiver or family member who helps manage the account does so appropriately

You may not use another person's account without permission. We reserve the right to disable any account at any time if we believe you have violated these Terms.

4. User Content and Conduct

Content You Provide

You retain ownership of all content you upload to the App, including photos, names, relationship descriptions, and notes ("User Content"). By using the App, you represent and warrant that:

  • You have the right to upload and use all User Content
  • You have obtained consent from individuals whose photos or information you include
  • Your User Content does not violate any third-party rights
  • Your User Content is appropriate for the App's purpose of memory support

Prohibited Content

You agree not to upload or share content that:

  • Is false, misleading, or could cause confusion for users with memory challenges
  • Is offensive, harmful, threatening, abusive, or harassing
  • Contains inappropriate or explicit material
  • Violates any person's privacy or publicity rights
  • Infringes any intellectual property or other proprietary rights

5. Subscriptions and Purchases

Premium Features

Remember Faces may offer premium features or subscriptions through the Apple App Store or Google Play Store. All purchases are subject to the terms and conditions of the respective app store.

Billing and Renewal

  • Subscription fees are billed in advance on a monthly or annual basis
  • Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date
  • You can manage or cancel subscriptions through your app store account settings
  • No refunds will be provided for partial subscription periods

Free Trial

If we offer a free trial period, you may cancel at any time during the trial without charge. If you don't cancel before the trial ends, you'll be automatically charged for the subscription.

6. Intellectual Property

The App and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of The Software Collective and its licensors. The App is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Remember Faces, the Remember Faces logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Software Collective. You must not use such marks without our prior written permission.

7. Privacy

Your use of the App is also governed by our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and protect your information.

We are committed to protecting the privacy and dignity of our users, particularly those experiencing memory challenges. All personal data remains on your device unless you explicitly choose to back it up or share it.

8. Termination

We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the App will immediately cease. You may delete your account at any time through the App settings. Deletion of your account will permanently remove all your stored data from your device.

9. Disclaimers

Medical Disclaimer:

Remember Faces is designed as a supportive tool for individuals with memory challenges and their families. It is NOT a medical device, does not provide medical advice, and should not replace professional medical care or treatment.

If you have concerns about memory loss or cognitive changes, please consult with qualified healthcare professionals.

The App is provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, whether express or implied, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement
  • That the App will be uninterrupted, timely, secure, or error-free
  • That the App will meet your specific needs or requirements
  • That any errors in the App will be corrected

10. Limitation of Liability

To the maximum extent permitted by law, The Software Collective, its affiliates, officers, employees, agents, partners, and licensors shall not 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
  • Personal injury or property damage related to your use of the App
  • Any unauthorized access to or use of our servers or any personal information stored therein
  • Any interruption or cessation of transmission to or from the App
  • Any bugs, viruses, or other harmful code transmitted through the App

Our total liability to you for all claims arising from or related to these Terms or your use of the App shall not exceed the amount you paid us in the twelve (12) months prior to the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless The Software Collective and its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the App
  • Your User Content
  • Your violation of any third-party rights

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction.

You waive any right to a jury trial or to participate in a class action lawsuit related to these Terms or your use of the App.

13. Accessibility

We are committed to making Remember Faces accessible to all users, including those with disabilities and cognitive challenges. We strive to follow best practices for accessibility and welcome feedback on how we can improve.

If you encounter any accessibility barriers or have suggestions for improvement, please contact us at accessibility@rememberfaces.app.

14. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. If we make material changes, we will notify you through:

  • An in-app notification
  • An email to the address associated with your account
  • A prominent notice on our website

Your continued use of the App after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the new terms, you must stop using the App.

15. Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Software Collective regarding your use of Remember Faces and supersede all prior agreements and understandings.

17. Contact Us

If you have any questions about these Terms of Use, please contact us:

By Using Remember Faces

You acknowledge that you have read, understood, and agree to be bound by these Terms of Use. You also acknowledge that Remember Faces is a supportive tool designed to help with memory challenges but is not a substitute for professional medical care.

We are honored to be part of your family's journey and are committed to providing a respectful, secure, and helpful experience for all our users.