These Terms of Service (“Terms of Service”) apply to your (“the User”) use of the Life Memories app and portal.
BY INSTALLING OR OTHERWISE USING THE APP OR THE PORTAL, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF THESE TERMS OF SERVICE, YOU MUST NOT INSTALL OR USE THE APP.
1. Grant of License
The Company grants the User a limited, non-exclusive, non-transferable, revocable license to use the App solely for the User’s personal, non-commercial purposes on Apple and Android devices that the User owns or controls, as permitted by the usage rules set forth in the terms of the respective app stores.
2. Subscriptions
Following a free trial period, continued use of the App is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on either a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the same terms unless you or the Company cancel it. You may cancel the renewal of your Subscription through your App Store subscriptions.
3. Changes to Fees
The Company may, at its sole discretion and at any time, change the Subscription fees for the Subscriptions. Any change in the Subscription fees will take effect at the end of the current Billing Cycle. Your continued use of the App after the change in the Subscription fees has taken effect constitutes your acceptance of paying the changed Subscription fee.
4. Refunds
Except where required by law, paid Subscription fees are non-refundable.
5. User Accounts
(a) Creation of User Account: The App allows the User to create a personal account ("User Account" or “your account”) by providing certain information. The User agrees to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
(b) Account Security: The User is responsible for maintaining the confidentiality of the User’s login credentials and for all activities that occur under the User’s User Account. The User agrees to notify the Company immediately of any unauthorized access to or use of the User’s User Account or any other breach of security.
(c) Account Closure: The Company reserves the right to suspend or terminate the User’s access to the App and the User Account if the Company reasonably believes that the User has violated these Terms of Service or has been involved in any fraudulent, unlawful, or unauthorized activity.
6. Upload of Images and Text
(a) User Content: The User has the option to create text and upload photos, images, or other content ("User Content") to the App. The User retains ownership of any intellectual property rights that the User may have in the User Content.
(b) User Representations: The User represents and warrants that the User owns or has the necessary licenses, rights, consents, and permissions to upload and share the User Content through the App, and that the User Content does not infringe any third-party rights or applicable laws.
7. GDPR
The User is the data controller for the content that the User uploads to Life Memories.
When the Company processes the Users’ content in Life Memories (e.g. provides server space), this takes place in its capacity as a data processor.
Although the Users’ processing activities in Life Memories will, as a general rule, fall outside the scope of the GDPR – since they are carried out by natural persons as part of purely personal or household activities – the Company’s processing activities, in the Company’s capacity as a data processor, will fall within the scope of the GDPR.
The data processing agreement set out below in Appendix A concerns the processing of personal data that the Company carries out on behalf of the Users.
8. Restrictions
The User may not: (a) modify, adapt, translate, or create derivatives of the App; (b) decompile, disassemble, or otherwise attempt to derive the source code of the App, unless expressly permitted under applicable law; (c) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on or in the App; (d) sublicense, rent, sell, lease, lend, distribute, or otherwise transfer the App to any third party; (e) use the App for any unlawful purpose; or (f) use the App in any way that may damage, disable, overburden, or impair the Company’s servers or networks.
9. Intellectual Property Rights
The User acknowledges and agrees that the App, including but not limited to graphics, user interface, audio, video, and other content contained therein, is owned by the Company and/or its licensors and is protected by applicable intellectual property rights and other laws. The User acquires no ownership rights in the App under these Terms of Service, or any other rights beyond that, other than the right to use the App in accordance with the license granted hereby.
10. Support and Maintenance
The Company is not obligated to provide any maintenance, technical support, or updates for the App under these Terms of Service. However, the Company may, at its sole discretion, provide updates, bug fixes, or other support for the App.
11. Links to Other Websites
The App may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you visit.
12. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APP WILL MEET THE USER'S REQUIREMENTS OR BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, FUNCTION ON ALL DEVICE TYPES, BE ERROR-FREE, OR BE FREE OF HARMFUL COMPONENTS.
13. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APP, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO THE USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY THE USER FOR THE APP, OR USD 100 IF THE USER HAS NOT PURCHASED ANYTHING THROUGH THE APP.
14. Termination
The User’s rights under these Terms of Service shall terminate automatically without notice from the Company if the User fails to comply with any term(s) of these Terms of Service. The User must thereafter, on the User’s own initiative or upon contact from the Company, cease all use of the App and uninstall the App from all devices owned or controlled by the User.
15. Additional Terms and Conditions for App Stores
The User acknowledges and agrees that the User’s use of the App is subject to the terms and conditions of the respective app store from which the App was acquired, including, but not limited to, the usage rules set forth therein.
16. Governing Law
Any disputes between the Parties in relation to this agreement shall be governed by Danish law.
17. Disputes
Any disputes between the Parties arising out of these Terms of Service, including disputes regarding the existence of these Terms of Service and their validity, shall be settled by Danish arbitration in accordance with the rules on simplified arbitration in force at the time the proceedings are commenced.
18. Interpretation of Translation
These Terms of Service may have been translated and made available to you in the App in other languages. You agree that the original Danish text shall prevail in the event of any dispute.
19. Changes to these Terms of Service
The Company reserves the right, at its sole discretion, to amend or replace these Terms of Service at any time. The Company will notify you of any changes by making the new Terms of Service available to you in the App or on the Website. You are advised to review these Terms of Service periodically for any changes. Changes to these Terms of Service shall take effect when they are made available in the App or on the Website. By continuing to use the App after such changes have taken effect, you agree to be bound by the revised Terms of Service. If you do not accept the new Terms of Service, in whole or in part, you must stop using the App.
20. Entire Terms of Service
These Terms of Service constitute the entire Terms of Service between the User and the Company regarding the subject matter hereof and supersede all prior Terms of Service, understandings, and representations, whether oral or written, regarding such subject matter.
If you have any questions regarding these Terms of Service, please contact: Info@LifeMemories.dk
APPENDIX A – Data Processing Agreement
1. Introduction
In Life Memories, you as a User may create one or more books (e.g. a Baby Book or Holiday Memories), in which you can insert memories with pictures and text. You may also share your books or memories with one or more specific Users, should you wish to do so.
This data processing agreement (hereinafter the "Agreement") concerns the processing of personal data carried out by Life Memories ApS (hereinafter "Life Memories") as a data processor on behalf of you as the data controller (hereinafter "you", "your" or "yours") in connection with your use of Life Memories, when acting as a private individual.
You are the data controller for the content that you upload to Life Memories.
The Agreement has been drafted for the purpose of compliance with Article 28(3) of the General Data Protection Regulation (hereinafter "GDPR") and sets out Life Memories’ rights and obligations when Life Memories processes personal data on your behalf.
You accept that your use of Life Memories is subject to the Agreement upon your acceptance of the Terms of Service in connection with your use of Life Memories.
2. Your instructions for the processing of information in Life Memories
Life Memories processes personal data solely on the basis of your instructions in connection with the provision of Life Memories as described in the Terms of Service. The only exception is where processing is required under EU law or the national law of the Member States to which Life Memories is subject. In such a situation, Life Memories will inform you of such legal requirement prior to the processing, unless such notification is prohibited on important grounds of public interest.
3. Information about the processing of personal data in Life Memories
This section contains further information about Life Memories’ processing of personal data on your behalf, including the purpose and nature of the processing, the type of personal data, the categories of data subjects, and the duration of the processing.
The purpose and nature of the processing of personal data in Life Memories
The purpose is to enable you to create books with memories in Life Memories and, if desired, to share the books and memories with one or more specific Users.
Categories of personal data
Books and memories in Life Memories will contain the personal data that may appear in the images and text that you upload to Life Memories yourself. In principle, images and text may contain all types of personal data, but this will usually be personal data of a general, non-sensitive nature.
Categories of data subjects
In Life Memories, personal data is processed about the persons who appear in the images and text that you as a User upload. This may include, for example, children, spouses, and family members.
Duration of the processing
The processing of personal data ceases when you choose to delete your user account in Life Memories.
4. Confidentiality
Life Memories may only grant access to personal data processed on your behalf to persons who are subject to Life Memories’ authority of instruction and who have committed themselves to confidentiality or are under an appropriate statutory duty of confidentiality, and only to the extent necessary.
5. Security in connection with the processing of personal data in Life Memories
Life Memories implements all measures required under Article 32 GDPR regarding security of processing in connection with the processing of personal data.
Life Memories assesses the risks that the processing of personal data poses to your rights and implements appropriate measures to address those risks.
Life Memories will notify you if a personal data breach occurs that entails a high risk to your rights and freedoms.
Life Memories has your general approval to use sub-processors, i.e. subcontractors (including IT and support providers), with whom Life Memories cooperates in order to provide Life Memories to you. Life Memories must notify you of any planned changes regarding the addition or replacement of other data processors 30 days before the change is implemented. If you cannot accept the notified data processor, you have the option to delete your user account in Life Memories.
When Life Memories uses a sub-processor in connection with the performance of specific processing activities on your behalf in order to provide Life Memories to you, Life Memories must, through a contract or other legal document under EU law or the national law of the Member States, impose on the sub-processor the same data protection obligations as those set out in the Agreement, in particular by providing sufficient guarantees that the sub-processor will implement the technical and organisational measures in such a manner that the processing complies with the requirements of the Agreement and the GDPR.
Life Memories is therefore responsible for requiring that the sub-processor, as a minimum, complies with Life Memories’ obligations under the Agreement and the GDPR.
Sub-processor agreement(s) and any subsequent amendments thereto will be sent to you in copy – upon your request – so that you thereby have the opportunity to ensure that corresponding data protection obligations as follow from the Agreement have been imposed on the sub-processor. You may not gain access to provisions on commercial terms that do not affect the data protection content of the sub-processor agreement.
At the time of entering into the Agreement, Life Memories uses the following sub-processors:
7. Transfer to third countries or international organisations
Any transfer of personal data to third countries or international organisations may only be carried out by the sub-processor on the basis of documented instructions from the data controller and must always take place in accordance with Chapter V of the GDPR.
If transfer of personal data to third countries or international organisations, which the data processor has not been instructed by the data controller to carry out, is required under EU law or the national law of the Member States to which the data processor is subject, the data processor must notify the data controller of this legal requirement prior to the processing, unless the law in question prohibits such notification on important grounds of public interest.
No transfers of personal data to third countries or international organisations are carried out.
8. Deletion of personal data
You may at any time delete memories, books, or your entire user account in Life Memories.
9. Audit
Life Memories makes available to you the information necessary to demonstrate compliance with Article 28 GDPR and the Agreement, should you so wish.
In addition, you are entitled, at your own expense, to appoint a state-authorised public accountant who shall have access to Life Memories’ physical facilities for the processing of personal data and receive the necessary information for carrying out the examination of whether Life Memories complies with its obligations under the Agreement. Upon Life Memories’ request, the state-authorised public accountant must sign a customary confidentiality declaration and treat any information obtained from or received directly from Life Memories as confidential, and may only share the conclusions of the examination with you.
10. Contact information
You may contact Life Memories using the following information:
The Agreement enters into force on the date of your acceptance of the Terms of Service and the Agreement, i.e. the time at which you begin using the app either as a guest or by creating your User Account in Life Memories.
The Agreement remains valid for as long as you make use of Life Memories and as set out in the Terms of Service. You may terminate the Agreement by deleting your user account in Life Memories.
Life Memories may amend the provisions of the Agreement if changes in the law, practice, changes in the service/product, or deficiencies in the Agreement give rise to such amendments.