Terms of Service

Arbitration notice

• Service

  Perfect Memory offers a Windows application allowing users to record their screen, microphone, and system audio for searchable access. These recordings are compressed and stored locally on the user's computer. Users can customize Perfect Memory's settings to retain their data for a preferred duration on their device.

• Qualification

  To use the Service, you must be at least 18 years old. By agreeing to these Terms, you affirm that: (a) you meet the age requirement; (b) you have not previously been suspended or removed from the Service, and (c) your registration and use of the Service comply with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf warrants that they have the authority to bind you to these Terms, and you consent to their binding effect.

• Account and Enrollment

  You can create an account by signing up. During the registration process, you may need to provide certain information, such as your email address. You agree that the information you provide is accurate and undertake to keep it accurate and current. You are solely responsible for maintaining the security of your account and accept responsibility for all activities conducted under your account. If you suspect that your account's security has been compromised, you must promptly notify us at support@perfectmemory.ai.

• Payment Terms Overview

  Some functionalities within the Service may necessitate payment of fees. Prior to any payment, you'll be given the chance to review and agree to the applicable charges. All fees are denoted in U.S. Dollars and are non-refundable, unless stated otherwise in Section 13.5.

  • Pricing Policy

    Perfect Memory retains the authority to set prices for its Service. We strive to maintain accurate pricing information on the Service. Changes to fees, including additional charges, may occur with prior notice from Perfect Memory. Occasionally, promotional offers with varying features and prices may be extended to our customers at Perfect Memory's discretion. Please note that such offers, if not directly presented to you, do not apply to your agreement or these Terms.

  • Payment Authorization

    By using our Service, you grant Perfect Memory permission to charge your specified payment method for all orders and chosen Service levels, along with any applicable taxes. If you use a credit card for payment, we may pre-authorize your card to ensure its validity and availability of funds or credit before your purchase.

  • Subscription Terms

    Certain Service plans may involve recurring payments at set intervals (referred to as the "Subscription Service"). Your first subscription purchase establishes the "Subscription Billing Date." The Subscription Service initiates on this date and continues for the duration you select (the "Initial Subscription Period"), automatically renewing for subsequent periods of the same duration unless canceled by you or terminated by us. Upon activating a Subscription Service, you authorize Perfect Memory or its payment processors to charge accrued amounts on or before the payment due date until cancellation. To avoid automatic renewal and subsequent charges, you must cancel your Subscription Service before the next billing cycle. Renewal charges will be automatically processed on the Subscription Billing Date and thereafter as per the billing frequency associated with your Subscription Service. To cancel, contact us at support@perfectmemory.ai.

  • Handling Delinquent Accounts

    Access to the Service, including fee-based features, may be suspended or terminated for accounts with outstanding balances. In addition to the owed amount, delinquent accounts may incur fees related to chargebacks or collection efforts, including collection fees.

• Licenses

  • Grant of Limited License

    Provided that you fully comply with these Terms, Perfect Memory grants you a limited, non-transferable, revocable license solely for your personal, non-commercial use. This license allows you to: (a) install and use one copy of any macOS application or other downloadable application associated with the Service on a device that you own or control; and (b) access and use the Service.

  • Restrictions on License

    Unless prohibited by applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If applicable law prohibits you from using the Service, you may not use it.

  • Feedback

    If you opt to provide input and suggestions regarding issues with or proposed modifications or enhancements to the Service ("Feedback"), you grant Perfect Memory an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to utilize the Feedback in any manner and for any purpose, including improving the Service and developing other products and services.

• Use of the Service

  The Service is owned and operated by Perfect Memory. All elements comprising the Service, including visual interfaces, graphics, design, compilation, information, data, computer code (source code or object code), products, software, and services ("Materials") provided by Perfect Memory, are safeguarded by intellectual property and other pertinent laws. You recognize that the Service and all Materials belong to Perfect Memory or the third-party proprietors of such Materials. Unless expressly authorized by Perfect Memory, you are prohibited from utilizing the Materials. Perfect Memory retains all rights to the Service and the Materials (to the extent of our rights in the Materials), not explicitly granted in these Terms.

• Ownership and Proprietary Rights

  • Functionality of Perfect Memory

    Local and Private Approach: To prioritize your privacy, all recordings are stored locally on your Mac, ensuring exclusive access for you.

    No Cloud Integration or IT Hassles: To facilitate easy searching of your screen content, we utilize native macOS APIs and Optical Character Recognition (OCR) technology to recognize and index all on-screen text. This eliminates the need for integrating with cloud services like Gmail, Dropbox, or Slack. Perfect Memory seamlessly captures data from these applications without requiring any IT setup. Additionally, OCR enables convenient copying and pasting of content from your past activities.

• Third-Party Terms

  • Services and Websites Linked to Third Parties

    Within the Service, Perfect Memory may offer tools allowing you to transfer information, including User Content (as defined below), to third-party services. This transfer can occur through features enabling the linkage of your Perfect Memory account with an account on a third-party service. By utilizing such tools, you consent to Perfect Memory transferring the information to the relevant third-party service. Please note that third-party services operate independently of Perfect Memory, and to the maximum extent permitted by law, Perfect Memory assumes no responsibility for how these services utilize the information you export. Additionally, the Service might include links to third-party websites. These linked websites are beyond Perfect Memory's control, and Perfect Memory bears no responsibility for their content.

  • Incorporation of Third-Party Software

    The Service may integrate or include components of third-party software, typically available for free under licenses granting broad rights to copy, modify, and distribute those components ("Third-Party Components"). While the Service is provided to you under these Terms, nothing in these Terms aims to hinder or restrict your ability to obtain Third-Party Components under their respective licenses, nor does it limit your usage of Third-Party Components under those licenses.

• Communications

  We may send you emails regarding our products and services, as well as those offered by third parties. If you wish to discontinue receiving promotional emails, you can opt-out by following the unsubscribe instructions provided in the promotional email itself.

• Prohibited Conduct

  BY USING THE SERVICE, YOU AGREE NOT TO:
  • Utilize the Service for any unlawful purpose or in violation of any local, state, national, or international law.
  • Employ the Service for any purpose not expressly intended by us, as outlined in these Terms or other communications from us.
  • Engage in any behavior that harasses, threatens, demeans, embarrasses, bullies, or otherwise harms any individual.
  • Infringe upon, or encourage others to infringe upon, any third-party rights, including intellectual property rights, by violating or misappropriating them.
  • Access, search, or use any part of the Service through the use of any unauthorized engine, software, tool, agent, device, or mechanism, excluding those provided by Perfect Memory.
  • Disrupt security features of the Service, including by disabling or circumventing features preventing or limiting content use or copying, or attempting to uncover the source code of any Service portion, except where expressly permitted by applicable law.
  • Interfere with the Service's operation or any user's experience, including by spreading viruses, adware, spyware, worms, or other malicious code; making unsolicited offers or advertisements to other users; collecting personal information about users or third parties without consent; or disrupting any network, equipment, or server connected to or used for Service provision.
  • Engage in fraudulent activities, such as impersonation, false affiliation claims, or unauthorized access to other Service accounts.
  • Sell or transfer access granted under these Terms, Materials (as defined in Section 6), or any right or ability to view, access, or use Materials, except as permitted by Service functionality.
  • Attempt to commit any of the prohibited acts described in this Section 10, or aid or permit any person in engaging in such acts.

• Intellectual Property Rights Protection

  • Respect for Third-Party Rights

    At Perfect Memory, we hold utmost respect for the intellectual property rights of others and consider the safeguarding of these rights a priority. We expect users of our Service to share this commitment, and we do not tolerate any form of infringing activity on or through our platform.

  • DMCA Notification

    As an Internet service provider, we adhere to the regulations outlined in the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512, as amended). Should you have any intellectual property rights-related concerns regarding materials on our Service, please contact our designated agent at the following address: Perfect Memory LLC. Attn: Legal Department (IP Notification) 9620 Northeast Tanasbourne Dr Suite 300, Hillsboro, OR 97124 Email: support@perfectmemory.ai.

  • Reporting Procedure for Claimed Infringement

    If you believe that any content available on our Service infringes upon your intellectual property rights, please promptly provide a "Notification of Claimed Infringement" to our designated agent. This notification should include specific details as outlined below. By submitting a Notification of Claimed Infringement, you acknowledge and consent to the sharing of this information with the alleged infringing user.

  • Handling of Repeat Infringers

    Our policy is to promptly remove or disable access to any material believed to infringe upon the intellectual property rights of a third party, upon receipt of a valid notification. Additionally, we consider users who repeatedly engage in such infringing activities as "repeat infringers" and reserve the right to terminate their accounts.

  • Counter Notification

    Should you receive a notification regarding the removal of material you have made available on our Service, you have the right to submit a "Counter Notification." This notification should contain certain essential information, as specified below. Upon receipt of a valid Counter Notification, we will take appropriate action as outlined in this section.

  • Restoration of Content

    Upon receipt of a valid Counter Notification, we will promptly provide a copy to the individual who submitted the initial Notification of Claimed Infringement. We will then restore the removed material or cease disabling access to it within a specified timeframe, unless notified otherwise by the party who submitted the initial notification.

  • Consequences of False Notifications

    Submission of false Notifications of Claimed Infringement or Counter Notifications is a violation of the law and may result in legal consequences, including liability for damages incurred by the alleged infringer or service provider. We reserve the right to seek damages from any party found to be in violation of this provision.

• Terms changes

  We reserve the right to modify these Terms periodically. It is advisable to review these Terms regularly for any updates. Changes will take effect immediately, except for substantial revisions which will become effective 30 days after they are posted or notified to existing users, unless stated otherwise. If any modification significantly impacts your rights or obligations, we may require your acceptance of the modified Terms to continue using the Service. If you disagree with the amended Terms, you should cease using the Service. Any changes to these Terms must be agreed upon through a written agreement signed by authorized representatives of both parties, except as explicitly permitted in this Section 12.

• Term, Termination, and Modification of Service

  • Duration

    These Terms become effective upon your acceptance or upon your initial download, installation, access, or use of the Service, and remain in effect until termination.

  • Termination

    Violation of any provision of these Terms results in automatic termination of your authorization to access the Service and these Terms. Additionally, Perfect Memory reserves the right, at its sole discretion, to terminate these Terms or your Service account, or to suspend or terminate your access to the Service, with or without notice, for any reason or without reason. You have the option to terminate your account and these Terms at any time by contacting customer service at support@perfectmemory.ai.

  • Consequences of Termination

    Perfect Memory retains the right to alter or discontinue the Service at any time (including limiting or discontinuing certain features) on a temporary or permanent basis, without prior notice. Perfect Memory bears no liability for any changes to the Service or for suspending or terminating your access to or use of the Service.

  • Service Modification

    Our policy is to promptly remove or disable access to any material believed to infringe upon the intellectual property rights of a third party, upon receipt of a valid notification. Additionally, we consider users who repeatedly engage in such infringing activities as "repeat infringers" and reserve the right to terminate their accounts.

  • Refunds

    If Perfect Memory terminates these Terms at its discretion or modifies a paid feature of the Service in a manner that significantly and negatively affects its functionality, Perfect Memory will refund any prepaid but unused Subscription Fee.

• Indemnification

  To the maximum extent permitted by applicable law, you are accountable for your utilization of the Service, and you agree to protect and indemnify Perfect Memory, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (collectively referred to as the "Perfect Memory Entities") from any claim brought by a third party, as well as any associated liability, damage, loss, and expenses, including legal fees and costs, arising from or linked to: (a) your unauthorized or improper use of the Service; (b) your breach of any portion of these Terms, any representation, warranty, or agreement mentioned in these Terms, or any applicable law or regulation; (c) your infringement of any third-party rights, including but not limited to intellectual property rights, publicity rights, confidentiality, other proprietary rights, or privacy rights; or (d) any dispute or disagreement between you and any third party. We retain the right, at our own expense, to take over the exclusive defense and control of any matter otherwise subject to indemnification by you (without diminishing your indemnification obligations regarding that matter), and in such event, you consent to cooperate with our defense of those claims.

• Disclaimers; Absence of Warranties by Perfect Memory

  • The service and all materials and content available through the service are provided "as is" and on an "as available" basis. Perfect Memory disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement, and any warranty arising out of a course of dealing, usage, or trade. Perfect Memory does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Perfect Memory does not warrant that any of those issues will be corrected.

  • No advice or information, whether oral or written, obtained by you from the service or Perfect Memory entities or any materials or content available through the service will create any warranty regarding any of the Perfect Memory entities or the service that is not expressly stated in these terms. We are not responsible for any damage that may result from the service and your dealing with any other service user. You understand and agree that you use any portion of the service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content.

  • The limitations, exclusions, and disclaimers in section 15 apply to the fullest extent permitted by law. Perfect Memory does not disclaim any warranty or other right that Perfect Memory is prohibited from disclaiming under applicable law.

• Limitation of Liability

  • To the fullest extent permitted by law, the Perfect Memory entities will not be liable to you for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Perfect Memory entity has been informed of the possibility of damage.

  • The aggregate liability of the Perfect Memory entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to Perfect Memory for access to and use of the service in the 12 months prior to the event or circumstance giving rise to the claim, and (b) US$100.

  • Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in section 16 will apply even if any limited remedy fails of its essential purpose.

• Dispute Resolution and Arbitration

  • Generally

    In the interest of efficiently resolving disputes between you and Perfect Memory in a cost-effective manner, and with exceptions outlined in Section 17, both parties agree that any dispute arising in connection with these Terms, the Service, and communications from us will be settled through binding arbitration. Arbitration, being less formal than court proceedings, employs a neutral arbitrator instead of a judge or jury, potentially allowing for more limited discovery and subject to minimal court review. Arbitrators are empowered to grant the same damages and relief as a court. By agreeing to these Terms, you and Perfect Memory are each forfeiting the right to a trial by jury or participation in class actions.

  • Exceptions

    Despite the provisions of Section 17, neither party waives the right to: (a) pursue individual action in small claims court; (b) seek enforcement through relevant federal, state, or local agencies where available; (c) request injunctive relief in court to support arbitration; or (d) file a lawsuit in court to address an intellectual property infringement claim.

  • Opt-Out

    Should you prefer not to resolve disputes through binding arbitration, you can opt-out within 30 days of agreeing to these Terms by sending a letter to Perfect Memory LLC. specifying your full legal name, and associated email address, and desire to opt-out. Upon receipt of your Opt-Out Notice, Section 17 will be void, and disputes will be resolved according to Section 18.2, without affecting other provisions of these Terms.

  • Arbitrator

    Arbitration proceedings between you and Perfect Memory will adhere to the Federal Arbitration Act, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The arbitrator holds exclusive authority over disputes regarding the interpretation, applicability, or enforceability of this arbitration agreement.

  • Notice of Arbitration; Process

    To initiate arbitration, the initiating party must provide a written Notice of Arbitration to the other party, describing the nature of the dispute and the relief sought. Parties will attempt to resolve the dispute directly, and if unsuccessful within 30 days, arbitration may commence. Arbitration proceedings are confidential, and settlement offers must not be disclosed to the arbitrator until after a final decision.

  • Fees

    Perfect Memory will reimburse filing fees if arbitration is initiated according to these Terms. The arbitrator may decide on fee payment if the claim exceeds US$10,000. Arbitration may occur through document submission, non-appearance-based telephone hearings, or in-person hearings as per AAA Rules. Frivolous claims may result in fee reimbursement to Perfect Memory.

  • No Class Actions

    Both parties agree to bring claims individually, not as part of a class or representative proceeding, unless otherwise mutually agreed upon.

  • Modifications to this Arbitration Provision

    You may reject future changes to this arbitration provision, except changes to Perfect Memory's address for Notice of Arbitration, by sending a written notice within 30 days. Failure to accept changes will result in immediate termination of your account, preserving the arbitration provision prior to rejected changes.

  • Enforceability

    If Section 17 becomes unenforceable, or if an Opt-Out Notice is received, the entirety of Section 17 becomes null, and actions will be governed by the jurisdiction and venue outlined in Section 18.

• Miscellaneous

  • General Provisions

    These Terms, including the Privacy Policy and any other agreements explicitly referenced within them, constitute the entire agreement between you and Perfect Memory concerning your use of the Service. You cannot transfer these Terms or your rights under them without our prior written consent. We reserve the right to assign these Terms without notice. Failure to enforce any provision does not waive our right to enforce it later, nor does it waive any subsequent breach. Section headers are for convenience only. The term "including" denotes inclusion without limitation. If any part of these Terms is deemed invalid, the remaining parts will still apply.

  • Applicable Law

    These Terms are governed by the laws of the State of Colorado. You and Perfect Memory agree to the jurisdiction of state and federal courts in Denver County, Colorado, for any legal matters arising from these Terms. We operate from Oregon and make no representation regarding the appropriateness of the Service in other locations.

  • Privacy Policy

    Please review our Privacy Policy for information on how we handle your personal data. The Privacy Policy is part of these Terms.

  • Additional Conditions

    Your use of the Service is subject to any additional terms or policies posted or linked on the Service.

  • Electronic Communication Consent

    By using the Service, you consent to receive certain electronic communications from us as outlined in our Privacy Policy. Electronic communications fulfill any legal requirements for written notices or agreements.

  • Contact Details

    The Service is provided by Perfect Memory LLC., located at 9620 Northeast Tanasbourne Dr Suite 300, Hillsboro, OR 97124. You can contact us at support@perfectmemory.ai.

  • Notice for California Residents

    California residents may contact the California Department of Consumer Affairs for assistance regarding the Service.

  • Support Disclaimer

    We are not obligated to provide support for the Service, but if we do, it will adhere to our published policies.