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User License Agreement – Memento U

Last revised: February 12, 2019

  1. General Terms
    • Memento U

Memento Network AS and its affiliates («Memento U», «we» or «us»,) welcomes you to Memento U Application, www.www.mementoyou.com, and Memento U’s other websites, online locations, and mobile applications (collectively, the «Sites»).

We provide a duplex software-platform within the health-, activity- and training segment that is available as a mobile application on Apple Store and Google Play. The Memento U application service («Application») is free to download and use. Memento U receives a percentage of all transactions that are completed with a registered Health Resource – 1 on 1, as duo or groups sessions and events.

In the Memento U application service («Application»), you can easily search, book and complete a single or group activity with your chosen health resource in a simple and motivating way.

The different activities («Activities») you can choose from in the Application may be workouts, training or rehabilitation, consisting strength training, running, dancing, stretching and similar. Memento U does not organize or perform any Activities on ourselves.

There are two different types of users. Regular users («Users»), and health resources («Health Resources»). Health Resources can be therapists, personal trainers, coaches, companies/foundations and private citizens that has either sufficient education and/or a liability insurance.

This («Agreement») relates to all use of the Application, licensed by Memento U. Please read this Agreement carefully before downloading or using the Application. By accessing, using or browsing the Application or any part thereof, you acknowledge that you have read, understood and agree to be bound by the terms of the Agreement, including the Privacy Policy. If you do not agree to the Agreement, please do not download, use or browse the Application.

 

 

  • Agreement Documents

This Agreement consists of this User License Agreement and the Privacy Policy. If conflict between the two arises, the User License Agreement has precedence.

  • Revision of this Agreement

The Agreement may be revised or updated from time to time. Accordingly, you should revise the Agreement regularly for updates. You can determine when the Agreement were last revised by referring to the «Last Revised» date at the top of this page. Each time you access, use or browse the you signify your acceptance of the current terms of service.

Memento U may, at any time, make changes to all content available on or through the Application, including, without limitation, text, brands, photographs, documents, graphics, audio, videos, logos, icons, images, media, data, charts, maps, software and other information and materials ideas, proposals, concepts, content, materials, works and deliverables (collectively, the «Content») services or features of the Application, and any other aspect of the Application.

If you do not want to accept the revised Agreement, you may terminate the Agreement with immediate effect by deleting your account and uninstalling the Application.

  • Age of User

By registering as a User, you confirm that you are at least 18 years of age. You are responsible for adhering to any stricter applicable local law.

The Application is directed to persons 18 years of age or older. Memento U does not knowingly collect information from any person under age 18. If you are under age 18, you are not permitted to use Memento U or to submit any personally identifiable information to Memento U. If you provide information to Memento U or any Health Resource through the Application, you represent that you are 18 years of age or older.

Notwithstanding the foregoing, if you are between 13 and 17 years of age, you may participate in a Activity if your parent or guardian schedules and pays for the Activity through the Application, agrees to these Terms on your behalf, and supervises or participates in the Activity. If you schedule a Activity for someone who is between the ages of 13 and 17 years old, you represent and warrant to Memento U that: (a) you are that individual‘s parent or guardian, (b) that you agree to these Terms on that individual‘s behalf, (c) that you have permission to provide personally identifiable information about that individual to Memento U and that Memento U may use such personally identifiable information in accordance with the Privacy Policy, and (d) that you will supervise or participate in the Activity. You are not permitted to schedule an Activity for, or to provide information to Memento U regarding, anyone under the age of 13 and no individual under the age of 13 may participate in any Activity.

  • User Restrictions

You understand and agree that Memento U may discontinue or restrict your use of all or any part of the Application if you violate the Agreement, if we have a strong suspicion of violation of the Agreement, for your own security reasons, or if we are required by law or order from the authorities.

  1. Account and Profile
    • Registering as a User

When you create a User account you must register your full name, email address, telephone number, place of residence and requested password.

You will be able to login to the Application after confirming your email address. Your email address will be your username in the Application. After your first login you must also register information about payment details (asked upon when performing a booking).

Users can choose to add the following supplemental information; goals (e.g. wheightloss, social, rehabilitation etc.), preferences (e.g. strength training, conditioning, yoga etc.), current activity level per week (e.g. 1, 2-3 etc.), current fitness level (e.g untrained, exerciser, trained etc.), favorite activity location (will be used in map positioning in searches), profile picture, other pictures than profile picture (background picture etc.).

You are responsible for registering correct, accurate, legal and complete information and you must commit to keeping your information updated at all times. You cannot register with an email address that is not yours, in the name of another person or legal entity.

The user name and password are strictly personal. It is your responsibility to keep your password safe and to make sure that your password at no time is made available to third parties. You are liable for any use of your account, with the only exception of instances where we are directly responsible for others gaining unauthorized access to your account.

A failure to comply with this provision, may constitute as a fundamental breach of the Agreement that can result in an immediate termination of your account in Application.

  • User Profile

Your User profile will consist of your full name, profile picture and all registered optional information. Your full profile is not public and cannot be viewed by other users accessing the Application.

Your first and last name, and profile picture will be visible for other users in the friend and group functions, chats and user to user interactions. Health Resources will have access to view your profile once a booking has been made.

  • Deletion of your Account

You can delete your own account at any time and there are no notice periods required to do so. We reserve the right to delete your account if it has been inactive for more than 365 days. Notice will be given 14 days prior to deletion.

A deletion of your account will not terminate your payment obligations as described in Section 3.

  1. Booking, Cancellation and Payment
    • Booking Activities

When logged into your account you may book Activities with Health Resources. When booking an Activity, you will be able to do so by these options:

1) You get your search results based solely on your preset settings and thereby booking your Health Resource of interest. Health Resources listed by geolocation/map by following criteria: (in order of appearance)

  1. a) With registered «preferred activity location» in your settings
  2. b) With approved automatic geolocation
  3. c) With registered billing address

2) You can change your criteria via the map/geolocation function (repositioning on map), search bar or filter functions, and thereby receiving new search results based on these filter selection»):

  1. a) Type of activity: (e.g., strength training, endurance training, biking, yoga, group training etc.)
  2. b) Goals for the activity: (e.g, weight loss, social, gaining strength, condision, movement etc.)
  3. c) Memento Trainer levels (one thru six)
  4. d) Available timeslots
  5. e) Date
  6. f) Health Resources ratings
  7. g) Health Resource for your Activity by name
  8. h) Health Resource booking status

In the primary booking after selecting your Health Resource you can easily select the following:

  1. a) Date (based on the Health Resource’s available dates)
  2. b) Time and duration (based on the Health Resource’s available time)
  3. c) Type of activity (based on the Health Resource’s offers)
  4. d) Goal
  5. e) Your current status (e.g. my first session, continue with trainer)
  6. f) Location (based on the Health Resource’s location or other options)
  7. g) If it’s inside or outside training
  8. h) Payment
  • Confirmation and Completion of a Booking

Users who book an Activity authorize the chosen Health Resource for the set Activity to contact the User about the Activity by the chat function in the Application. Health Resources who is booked for an Activity, authorize the User who booked the Activity to contact the Health Resource about the selected activity by the chat function.

When the booked Activity has been completed the payment will be made and ratings/comments can be added by both parties. Your feedback is visible for the publicity and the specific Health Resource. The ratings given by the Health resource to the User is visible only for the User and other Health Resources.

  • Payment Service

The Payment service in the Application is provided by Stripe. When processing a payment through Stripe you accept the user agreement of Stripe and the additional policies, such as the «Privacy Policy». You may use the Stripe service by logging on to your existing Stripe account, signing up and registering a new account or continuing the payment without an account.

  • Cancellation Policy

You may cancel any booked Activities through the Application via your calendar bookings or via the «Schedule» function on your ‘homescreen’. If you cancel an Activity that you booked no later than 24 hours prior to the scheduled Activity, no fee will be drawn from your payment account.

If you cancel a booked Activity later than 24 hours of the Activity time, you will be charged the full amount for the booked Activity.

All cancellations by the Health Resource must be done no later than 24 hours in advance of the Activity time. If the Health Resource cancel any Activity later than 24 hours before Activity time, you will be notified via notifications in the Application or by e-mail. The Health Resource will be marked on their profile for all cancellations.

  • Automatic Cancellation

The Application has an automatic cancellation system. When a Health Resource is booked for a one on one, duo or group session there are several systems in place;

  1. If the Health Resource has not approved the session before the 24 hours deadline the session will be automatically cancelled.
  2. If one or more Users has not agreed to a duo or group session before the 24 hours deadline and/or the minimum number of participants is not reached it will be automatically cancelled.
  3. If as session is booked on the same day as the session date;
    1. If the Health Resource has not approved the session no later than 2 hours before it starts, it will be automatically cancelled.
    2. If one or more Users has not agreed to a duo or group session before the 2 hours deadline and/or the minimum number of participants is not reached it will be automatically cancelled.

The cancellation system is in place to protect both the Health Resource and the User from unnecessary no show or minimize the potential loss due to acute cancelled sessions.

  • Interruption of the Activity by the «SOS» function

Users and Health Resources are able to interrupt the Activity by using the «SOS» function in the Application. By using the «SOS» function the Activity will be suspended and cannot be resumed. This action cannot be undone. The «SOS» function is in place to protect both the Health Resource and the User from adverse events.

By using the «SOS» function the payment remains frozen on the Users account until the event has been investigated by us. The person who activates the «SOS» function will be able to report the participants in the Activity. After the claim is investigated, we can perform a refund or send the money to the Health Resource if the complaint is dismissed.

The «SOS» function shall only be used if one of the following events occurs;

  • Sexual abuse
  • Physical abuse
  • Verbal abuse
  • Psychological abuse
  • Hygienic reasons
  • The other person didn’t show up for the Activity
  • Acute illness

 

  1. Software, license and proprietary rights
    • Software License

You acquire, upon installing the Application, a personal, non-exclusive, non-transferable and revocable right to use the Application in its current and future versions, pursuant to the provisions of this Agreement.

  • Software Content

All content available on or through the Application including, without limitation, text, brands, photographs, documents, graphics, audio, videos, logos, icons, images, media, data, charts, maps, software and other information and materials ideas, proposals, concepts, materials, works and deliverables (collectively, the “Content”), services or features of the Application, and any other aspect of the Application, are unless owned by a third party, the ownership of Memento U. You agree that you will not use any Content other than as permitted herein, without Memento U‘s prior written consent. Memento U may, at any time, make changes to all Content.

  • Intellectual property rights

You acknowledge and agree that, as between Memento U and you, all right, title, and interest in and to the Application and any related current and future functionality, including, without limitation, any patents, copyrights, trademarks, trade secrets, inventions, know-how, and any other intellectual property rights, are owned exclusively by Memento U.

(a) Copyright: All Content (other than User Content) is the copyright and property of Memento U, its licensors, related entities or content providers and is protected by international copyright laws. Other than with respect to your own User Content, you agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any of the Application, including, without limitation, the Content other than as expressly authorized by Memento U in writing.

(b) Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Application is proprietary to Memento U, its licensors, related entities, or content providers. Third party trademarks referenced on the Application do not constitute or imply affiliation with, endorsement, or recommendation of Memento U by the respective trademark owners.

 

  1. Privacy

By using the Application, you consent to having your personal data collected and processed pursuant to our Privacy Policy.

Please review our Privacy Policy, which is incorporated in this Agreement. If you do not agree with the Privacy Policy, you are not authorized to access or use the Application.

  1. Acceptable use of the Application and Conduct
    • Acceptable Use and Conduct Policy

You commit to ensure that the Application is only used as intended by us or the purposes of the Application and pursuant to this Agreement. You agree not to perform any of the following actions;

  1. use the Application in a way violating law, regulation or governmental order;
  2. use, participate or contribute to the use of any drugs;
  • creating income that is not reported as taxable or regulated income to your company or/and yourself as a person, thus violating law, regulations or governmental order;
  1. to try to gain unauthorized access to or disrupt any service, device, data, account or network;
  2. engage in any sort of cheating, hacking, tampering, modifying, altering, decipher, decompile, disassemble, or reverse engineer of the software;
  3. send virus or other malicious code;
  • recruit or otherwise solicit any User to join third party services or websites that are competitive to Memento U, without our prior written approval;
  • use the Application in a in a way that could harm Memento U or impair anyone else’s use of it;
  1. use the Application or act in any way or situation related to an Activity that could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage;
  2. transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  3. stalk, harass, defame, threaten, or harm another individual;
  • display any disrespectful or inappropriate behavior at any time during any Activity;
  • create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Memento U;
  • impersonate or misrepresent your identity or your affiliation with any person or entity;
  1. send unsolicited or unauthorized advertising or commercial communications;
  • schedule an Activity with any Health Resource that you were introduced to through the Application;
  • pay Health Resources in any other way accept from the payment that are not included in the Application;
  • contact a Health Resource for any reason other than for reasons that pertain to an Activity that was booked;
  • register for more than one Account, register for an Account on behalf of an individual other than yourself, or transfer the Account to another party without our consent;
  1. harvest or otherwise collect information about others, including, without limitation, email addresses or other contact information, without their consent;
  • cause, advocate, encourage, or assist any third party in doing any of the foregoing.
    • Violation of the terms

Violation of the terms in Section 6.1 may result in immediate termination of this Agreement. We will suspend your account only to the extent reasonably necessary. Unless we believe an immediate suspension is required, we will provide reasonable notice before terminating your account.

In case of suspicion of violation of the terms in Section 6.1 no. II, Memento U may request a drug test in collaboration with medical professionals. Memento U has a zero tolerance regarding the use of drugs.

  • User Content

The Application may include features that permits you to send information, materials, emails and other types of messages or notices to Memento U or to other users of the Application, create a profile in connection with your Account accessible by Health Resources or other users, submit reviews, opinions, biographical information and other content that others may be able to access or view, or to make other information, materials or submissions available on or through the Application (“User Content”).

You retain the rights you hold in your User Content. All User Content made available in the Application is strictly of the originating author, who shall be solely responsible for the User Content. Use of or reliance on User Content is entirely at your own risk.

You warrant and covenant that your User Content does not violate any applicable law, infringe or violate any other person’s or entity’s rights, or require any third party releases or any payment to a third party, is harmful, threatening, abusive, harassing, vulgar, hateful, racially, or otherwise offensive or discriminatory, obscene, pornographic, violent, defamatory, libelous or invasive of another’s privacy or publicity rights, infringes any trade secret or intellectual property rights of any party, or contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any product.

Memento U reserves the right to edit, block, or remove any User Content if the User Content does not comply with the provision of this Section 6.

 

  1. Warranty and Liability
    • Warranties

The Application is delivered «as is” with no warranty regarding User or Health Resource availability in the Application. With the exceptions of the regulations of the applicable law.

To function properly, the Application uses certain third party services. You acknowledge that additional terms and conditions may apply for these third party services, even if such terms and conditions are not part of this Agreement, and we have no responsibilities related to such third party services.

You are responsible for the use of the Sites, including choice and/or use of available settings in the Application. You have the sole responsibility of securing that the use of the Application is in accordance with applicable law in your jurisdiction.

Your participation in any Activity is at your sole risk. You understand that Memento U is not a party to any Activity between Users and Health Resources. Memento U makes no warranties to safety or suitability of any Activity.

You understand and agree that Health Resources are not employees, agents, joint ventures or partners of Memento U. We do not warrant the conduct of any Health Resource. We solely offer a service for Users and Health Resources to connect with one another. Health Resources and Users act exclusively on their own behalf and not on behalf of Memento U.

Memento U makes no representations, warranties, guarantees or endorsements as to any Health Resources or other third part products or services they may be used in the Activities or offer to the Users, the quality, timing, legality or other aspect of the services or product advertised, offered or delivered by Health Resources. You understand and agree that Health Resources is not a substitute for medical help if medical help is needed.

  • Liability

Our liability is limited to the delivery of the Sites. Memento U shall not, under any circumstances, be liable for personal injury or other indirect losses or damages derived from the use of the Sites. You cannot assert other liability or other rights to compensation than those specified in this provision.

Indirect losses and damage includes interruption losses, lack of anticipated savings, loss of earnings or profits, losses incurred by third parties, losses as a result of an agreement with a third party being annulled or amended, as well as other commercial or pecuniary losses, loss of data, loss of computer time or operating losses.

Our liability for damages or losses, regardless of cause and regardless of whether it refers to breach of contract or tortious conduct, shall be limited to your direct and documented losses. Total compensation shall not exceed the amount you have paid to us the last 6 months. The limit on indirect losses also applies where we have been made aware of the possibility of such losses or that such damages can occur.

 

  1. Infringement and Dispute Resolution
    • Defaults and Termination

In the instance of a default of the Agreement by you, we may put limitations on your account, including suspending your account for as long as we see necessary.

In the instance of a material breach of the Agreement by you, we may terminate the Agreement with immediate effect. Upon such termination, your account will be deleted.

Memento U may investigate and prosecute violation of the terms of the Agreement. We may involve and cooperate with law enforcement authorities in prosecuting Users that are suspected of or that violate serious terms of the Agreement.

  • Complaints

If you are dissatisfied with the Application, you are advised to contact our customer service at support@mementonetwork.zendesk.com.

Memento U will handle your issue within reasonable time. If you want to file a complaint regarding the Sites, defaults at our responsibility or other deviations from your expectations and you therefore want to submit a demand, you must specify the complaint in writing within reasonable time after you discovered or should have discovered the concerned issue.

You may contact the Norwegian Consumer Council for advice, see www.forbrukerradet.no.

If you are dissatisfied with our handling of your issue, you are advised to submit your complaint via the European Commission’s Online Dispute Resolution («ODR»), see; https://ec.europa.eu/consumers/odr.

Please include the following e-mail address when submitting your complaint: Complaint@mementonetwork.zendesk.com.

Alternatively, you may submit the complaint directly to the Norwegian Consumer Council for mediation.

You are advised to submit a complaint to the Consumer Disputes Commission, see; www.forbrukerklageutvalget.no.

Complaint about breach of privacy laws may be lodged to the supervisory authority of privacy in Norway, Datatilsynet. See; www.datatilsynet.no.

  • Choice of Law and Legal Venue

This Agreement shall be construed in accordance with and be governed by the laws of Norway.

In the event of any dispute, claim or controversy between Memento U and you, the parties must participate in a mediation meeting before any court proceeding. If mediation fails, the parties may resolve the dispute before the court.

In the event of a dispute, the dispute shall be resolved before the Norwegian courts of law. Sør-Trøndelag court house shall be the legal venue.