Terms & Conditions
Terms and Conditions for Using MEMMS
By using MEMMS, you and/or your organization consent to these terms.
This document serves as your End User License Agreement (EULA) for MEMMS. Please read it carefully before accessing the MEMMS service, and consider keeping a copy for your records. By agreeing to these terms, you confirm that you are duly authorized to represent the Client and place an order for MEMMS subject to the terms outlined below. Additionally, you affirm that the information provided during registration is accurate and complete to the best of your knowledge.
Ownership of MEMMS
Upon acceptance of this EULA, you gain access to use MEMMS software via our servers. All copyrights, database rights, and intellectual property rights associated with the software and its components remain the sole property of MEMMS Ltd (“MEMMS,” “we,” “us,” or “our”).
Acceptance of License Agreement
By clicking the acceptance button during registration, you acknowledge and accept this EULA, including the warranty limitations and liability disclaimers. Acceptance is on behalf of any corporate entity you represent (“Client”). Please ensure you thoroughly read this EULA before proceeding. If you disagree with the terms, do not use the website or service.
Right to Reject Use
MEMMS Ltd reserves the right to reject your organization from using the MEMMS service within 21 days of application submission. In such cases, you will be notified via email.
Definitions
Key terms in this Agreement include:
- Agreement: This EULA, as amended from time to time by MEMMS Ltd.
- MEMMS: Proprietary technology, including software, hardware, and processes, used to deliver maintenance and equipment management services to the Client.
- Client: The corporate entity or organization using the service.
- Client Data: Data provided or generated through the use of MEMMS services.
- Content: Documents, materials, products, and services made available during service usage.
- Defect: Errors causing the service to deviate significantly from its documentation.
- Effective Date: The date the Client accepts this Agreement.
- Intellectual Property Rights: Legal rights related to patents, trademarks, copyrights, and trade secrets.
- Law: Applicable legal frameworks governing this Agreement.
- Service(s): MEMMS Ltd’s online maintenance and equipment management software and related products.
- User(s): Authorized individuals granted access to MEMMS.
- Website: The official MEMMS website (e.g., MEMMS.com).
Privacy Policy
MEMMS Ltd’s privacy policy, accessible on the MEMMS website, governs data use and is part of this Agreement. MEMMS Ltd may modify its privacy policy at its discretion. By using MEMMS, you agree that MEMMS Ltd can disclose your organization as a user of its service. If you disagree with MEMMS Ltd’s privacy policy, please refrain from using the service.
Registration
During registration and when requested by MEMMS Ltd, you must provide accurate and up-to-date information, including your business name, administrator name, billing address, service location, email address, phone number, and payment information (“Registration Data”). Failure to provide accurate data may result in the suspension or termination of your account.
License Grant and Restrictions
MEMMS Ltd grants you a non-exclusive, limited, revocable, and non-transferable license to use MEMMS services solely for internal business purposes, subject to this Agreement. Unauthorized access or use of MEMMS for competitive purposes is prohibited. You may not sublicense, resell, modify, reverse engineer, or misuse the service. MEMMS Ltd reserves the right to update, modify, or discontinue features of the service without prior notice.
Third-Party Services
MEMMS may integrate with third-party applications or services. Your use of such integrations will be governed by the terms and privacy policies of the respective third parties. MEMMS Ltd is not responsible for third-party service content, behavior, or transactions.
The Client’s Responsibilities
The Client is solely responsible for all activities occurring under their User accounts and shall abide by all applicable laws in connection with their and their Users’ use of the Service, including those related to data privacy, international communications, and the transmission of technical or personal data. The Client shall:
You shall not use MEMMS or the Service for any illegal, fraudulent, improper, or abusive purposes or in any way that interferes with MEMMS Ltd’s ability to provide high-quality services to other clients, prevents or restricts other clients from using the Service, or damages any of MEMMS Ltd’s or other clients’ property. If MEMMS Ltd finds that you are using the Service in violation of this Agreement or for any prohibited uses outlined in this Agreement, MEMMS Ltd may terminate your Service with immediate effect at its sole discretion. Prohibited uses include, but are not limited to:
You further understand and agree that:
You agree not to directly or indirectly, through any third party, engage in any conduct or make any communication (public or private) that disparages MEMMS Ltd, MEMMS, or the Service in any way. Such communications include, but are not limited to, publishing, posting, printing, disseminating, or otherwise making such disparaging statements online, in blogs, or through any other social media platform. Additionally, you agree not to solicit or encourage any third party to make such statements, comments, or communications. If you breach this requirement, MEMMS Ltd may terminate your access to MEMMS or the Service in accordance with the termination provisions below.
If we, at our sole discretion, determine you are in breach of this Agreement or likely to breach it, we may take necessary action to protect MEMMS, the Service, and its users. Actions we may take include:
As the Client will provide data containing personal (and potentially sensitive) information related to Users or third parties, you acknowledge and accept full responsibility for obtaining all necessary consents, authorizations, and permissions from such parties to share this information with us. This includes allowing us to process such data in accordance with our privacy policy and the terms of this Agreement. It is the Client’s responsibility to ensure Users and third parties are informed of and agree to these terms. Explicit consent must be obtained before sharing sensitive personal data.
Account Information and Data
MEMMS Ltd does not own any of the Client Data. The Client is solely responsible for the accuracy, integrity, legality, and reliability of all data they provide. MEMMS Ltd is not liable for the deletion, correction, or failure to store Client Data.
In case this Agreement is terminated (unless due to the Client’s breach), MEMMS Ltd will advise on how to retrieve the Client Data, but it is the Client’s responsibility to do so within 30 days. After this period, MEMMS Ltd may delete the data as permitted by law.
MEMMS Ltd reserves the right to withhold or discard Client Data without notice in case of a breach. Upon termination for a breach, the Client’s access to their data ceases immediately, and MEMMS Ltd has no obligation to maintain, store, or provide such data.
Intellectual Property Ownership
You grant MEMMS Ltd a perpetual, worldwide, royalty-free, and non-exclusive license to process and use Client Data solely to deliver or improve MEMMS services in line with the privacy policy.
MEMMS Ltd retains all rights, titles, and interests in MEMMS technology, content, and services, including intellectual property. No rights of ownership are transferred to the Client through this Agreement. Unauthorized use of MEMMS technology or services constitutes a breach of intellectual property laws and this Agreement.
Setup and Training Services
MEMMS Ltd may provide setup and training services upon request. Availability and costs are subject to mutual agreement.
Excess Data Storage Fees
MEMMS Ltd determines storage limits at its sole discretion and reserves the right to amend these limits at any time without notice.
Termination
This Agreement is effective as of the start date. MEMMS Ltd reserves the right to terminate or modify access to MEMMS or its services under circumstances such as:
- A material breach of this Agreement.
- Failure to comply with applicable laws.
- Orders from regulatory bodies or law enforcement agencies.
- Legal actions brought against MEMMS Ltd by the Client.
- Disparaging statements made by the Client.
Upon termination, MEMMS Ltd may delete or restrict access to Client Data and related files. Certain provisions, including those regarding intellectual property and confidentiality, will remain in effect.
Representations and Warranties
MEMMS Ltd will ensure the Service meets industry standards and performs as documented. Clients must assist MEMMS Ltd in resolving defects as necessary.
Confidential Information
MEMMS Ltd agrees to protect Client Data and disclose it only to authorized parties as necessary.
Indemnification
The Client agrees to indemnify MEMMS Ltd against claims or damages arising from their use of the Service.
Disclaimer of Warranties
MEMMS Ltd disclaims all implied warranties to the maximum extent allowed by law, including fitness for a particular purpose and non-infringement.