Terms of Service

Last Updated: January 9, 2025

Overview

This website is operated by Memorised. Throughout the site, the terms “we,” “us,” and “our” refer to Memorised. Memorised offers this website—including all information, tools, and services available from this site—to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing products or services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools that are added to the current website shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our website may be hosted by a third-party provider (e.g., Vercel Inc.), which offers us the online platform that allows us to provide our products and services to you.

1. Service Description

Memorised provides digital insights and category entry points tailored to user-provided information about their market category. These insights are intended to assist in creative and media planning for advertising strategies. You are solely responsible for interpreting and applying these insights in your business activities. Memorised does not guarantee any specific outcomes, including but not limited to improved sales, campaign success, or market share growth.

2. Online Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or services for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your services.

3. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve:

  • Transmissions over various networks.
  • Changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.

4. Data Ownership

User Data:

You retain full ownership of all data you provide during your use of the service (“User Data”). Memorised will not use or share brand-specific data under any circumstances.

Category Data:

Memorised reserves the right to use category-level data provided by users in anonymized and aggregated format for the following purposes:

  • Improving our services
  • Generating marketing materials
  • Enhancing third-party partnerships

Category Data will not include identifiable information about specific brands or businesses.

5. Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. Any reliance on material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

6. Prohibited Uses

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content:

  • For any unlawful purpose
  • To solicit others to perform or participate in unlawful acts
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code
  • To collect or track the personal information of others
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • For any obscene or immoral purpose
  • To interfere with or circumvent the security features of the service

We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

7. Disclaimer of Warranties; Limitation of Liability

Memorised does not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the service will be accurate or reliable.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind.

In no case shall Memorised, our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

8. Dispute Resolution and Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Australia (or your applicable jurisdiction if different).

Any disputes arising from your use of the service must first be attempted to be resolved through good-faith discussions. If a resolution cannot be reached informally, the dispute will be submitted to the jurisdiction of the courts located in Australia (or the applicable jurisdiction).

9. Indemnification

You agree to indemnify, defend, and hold harmless Memorised and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand—including reasonable attorneys' fees—made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.

10. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision is still enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

11. Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by ceasing use of our site.

If, in our sole judgment, you fail—or we suspect you have failed—to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

12. Future Modifications

Memorised reserves the right to modify its services, pricing, and these Terms of Service at any time. Users are responsible for reviewing updates periodically. If more than 50% of a report's content is modified within one year due to service changes, users will be eligible for a complimentary regeneration of their report. This policy does not apply to minor updates or enhancements.

13. Entire Agreement

These Terms of Service, together with any policies or operating rules posted by us on this site or in respect to the service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals—whether oral or written—between you and us.

14. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

15. Contact Information

Questions about the Terms of Service should be sent to us at:

support@memorised.com