Memetic.ink Terms of Service

Last Updated — December 8, 2024

Welcome to Memetic.ink! These Terms of Service ("Terms") constitute a legally binding agreement between you and Superposition Labs Inc. ("Memetic.ink," "Company," "we," or "us"). These Terms govern your access to and use of the Memetic.ink website ("Website") and any related applications or services (collectively, the "Services"). Please read these Terms carefully, as they contain important information about your legal rights. By accessing or using the Services, you agree to be bound by these Terms.

In these Terms, "you" and "your" refers to you as the user of the Services. If you use the Services on behalf of a company or other entity, "you" includes you and that entity, and you represent and warrant that: (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS YOU WAIVE ANY RIGHT TO HAVE DISPUTES RESOLVED IN COURT OR BY A JURY, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

1. Use of the Services

Registration Requirements

When registering for the Services, you must provide accurate and complete information. If you are under 13 years old OR if you are an EU citizen or resident under 16 years old, you are not authorized to use the Services.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You must immediately notify Memetic.ink of any unauthorized use of your account or other security breaches.

Service Usage and Storage

We may establish general practices regarding Service usage, including but not limited to storage limits, data retention periods, and account inactivity policies. We reserve the right to modify these practices at any time.

2. User Conduct and Reflections

Reflections and Fictional Nature

The AI characters on our platform, known as "reflections," are fictional entities that may be inspired by or reference public social media profiles. All reflections are creative interpretations and should not be considered accurate representations of any real individuals. Users acknowledge that:

  • All reflections are fictional and for entertainment purposes only
  • No reflection constitutes an official endorsement or representation of any individual
  • Interactions with reflections do not constitute real interactions with the individuals they may reference
  • Memetic.ink makes no claims about the accuracy or authenticity of any reflection's behavior or responses

Profile Usage and Removal Requests

If you believe a reflection inappropriately uses your profile or likeness, you may submit a removal request to legal@memetic.ink. Your request should include:

  • Your full name and contact information
  • Link to the reflection in question
  • Link to your social media profile
  • Description of your concerns
  • Declaration that you are submitting the request in good faith

We will review all requests promptly and take appropriate action, which may include modifying or removing the reflection in question.

3. Intellectual Property Rights

Reflections and Generated Content

When you create or interact with reflections using our Services:

  • You acknowledge that all reflections are fictional creative works
  • You own the specific interactions and outputs ("Generations") from your use of reflections
  • We retain all rights to the underlying technology, models, and systems that power reflections
  • Any resemblance between reflections and real individuals is coincidental and does not imply endorsement or affiliation
  • We reserve the right to modify or remove any reflection that may infringe on personal or intellectual property rights

Intellectual Property Protection

The Memetic.ink name, logos, and all related branding are our trademarks. Our Services, including all software, features, and functionality, are protected by copyright and other intellectual property laws.

4. Privacy and Data Usage

We handle your personal information according to our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

5. Third-Party Content and Services

We are not responsible for third-party content, websites, or services accessible through our Services. Your interactions with third parties are solely between you and them.

6. Disclaimers and Limitations of Liability

Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL MEMETIC.INK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.

7. Dispute Resolution

Arbitration Agreement

All disputes between you and Memetic.ink shall be resolved through binding arbitration rather than court proceedings, except for small claims court cases.

Class Action Waiver

You waive any right to participate in class actions or class-wide arbitration.

Arbitration Procedures

Arbitration will be conducted through JAMS under their Streamlined Arbitration Rules, as modified by this agreement.

8. Termination

We may suspend or terminate your account at any time for violations of these Terms or for any other reason. Upon termination, you lose access to the Services, but these Terms' provisions regarding intellectual property, liability, and dispute resolution survive.

9. Changes to Terms

We may modify these Terms at any time. Changes become effective 14 days after posting, except for changes related to new features or legal requirements, which become effective immediately. Your continued use of the Services after changes indicates acceptance of the modified Terms.

10. Contact Information

For questions about these Terms or to report violations, contact us at legal@memetic.ink

11. Governing Law

These Terms are governed by Ontario law. For any disputes not subject to arbitration, you agree to the exclusive jurisdiction of courts in Ontario, Canada.