Last updated
March 1, 2025
The following Terms of Service (the "Terms") constitute a binding agreement between you and Heirloom Media Technologies Inc., dba “Remento” ("Remento," “we,” “our,” and “us”), regarding your use of Remento’s website (the “Website”) and its memory recordation platform (the “Platform”, and collectively with the Website, the “Services”).
By accessing or using the Services in any manner, you agree to be bound by these Terms.
If you are entering into these Terms on behalf of an entity, all references to “you” in these Terms other than in this paragraph refer to the entity and you represent and warrant that you are a duly authorized representative with the authorization to act on behalf of the entity and bind the legal entity to these Terms. You may use the Services only in compliance with these Terms.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH SECTION 24 BELOW.
Remento reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. The date of the last modification to the Terms will be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
Remento respects your privacy. To learn more about how we handle personal data, please see our Privacy Policy.
The Platform preserves the stories of a loved one (the “Storyteller”) by turning the Storyteller’s spoken words (whether written or spoken, “Stories”) into a personalized keepsake book of their Stories (each, a “Memory Book”). Anyone (the “Billing Owner”) can start the process to create a Storyteller’s Memory Book by purchasing a subscription to Remento (the “Subscription”). In addition to managing the Memory Book creation process, the Billing Owner can invite others to collaborate with the Storyteller on the creation of the Memory Book (each, a “Collaborator”, and collectively with the Billing Owner and Storyteller(s), the “Project Members”).
If you are younger than 13, you may not use the Services. If you are 13 or older but under the age of 18, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child who is 13 or older but under the age of 18, you are fully responsible for your child’s use of the Services.
Storytellers do not need to create an account in order to submit Stories. However, Storytellers must create an account if they want to enjoy other benefits of the Platform, like viewing or editing their recorded Stories, ordering Memory Books, or inviting other Project Members. Billing Owners and Collaborators must also create accounts. You promise to provide us with accurate, complete, and updated registration information about yourself.
You are responsible for maintaining the confidentiality of your account, and are fully responsible for any and all activities that occur under your account. You agree to immediately notify Remento of any unauthorized use of your account or any other breach of security. Remento will not be liable for any loss or damage arising from your failure to comply with this section.
If you would like us to terminate your account, you can do so by emailing Remento at support@remento.co.
You may not transfer your account to anyone else without our prior written permission.
Remento hereby grants you permission to access and use the Services, provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:
You may be able to import Your Content from certain third party platforms (each, a “Third Party Platform”). Your use of any Third Party Platform is subject to a separate agreement between you and the provider of that Third Party Platform (the “Third Party Provider”). You hereby acknowledge that Remento does not control such Third Party Providers or Third Party Platforms, and cannot be held responsible for their content, operation, or use. Remento does not make any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided through Third Party Platforms. REMENTO HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD PARTY PLATFORMS AND FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDERS, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST REMENTO WITH RESPECT TO THE CONTENT OR OPERATION OF ANY THIRD PARTY PLATFORMS.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that Remento has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.
Remento may modify the Services from time to time. Remento shall have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you or any other third party may incur as a result of changes to the Services.
Remento respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Remento will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.
If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):
You may deliver this notice, with all items completed, to us, as follows:
11600 Washington Place, Unit 116C, Los Angeles, CA 90066
Upon receipt of the Notice as described above, Remento will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
Remento may immediately and without notice terminate these Terms and disable your access to the Services for any or no reason. You may terminate your account at any time through the Website. Billing Owners may also cancel a Subscription at any time through the Family Memory Hub.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, indemnification, and terms regarding disputes between us.
To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold Remento, its affiliates, officers, agents, and employees harmless from and against any and all third-party claims, and any resulting liabilities, damages, losses and expenses (including attorneys’ fees) arising from or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, and (c) any dispute between you and one or more other users.
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES, REMENTO CONTENT, AND OTHER USER CONTENT ARE ALL PROVIDED "AS IS," AND REMENTO AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. REMENTO AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
Because some states do not permit disclaimer of implied warranties, you may have additional rights under your local laws.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL REMENTO BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO REMENTO IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Any notices or other communications permitted or required hereunder will be in writing and given by Remento (a) via email (in each case to the address that you provide) or (b) by posting to the Website.
The failure of Remento to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without Remento’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Remento may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms are governed by and will be construed under the laws of the state of California, without regard to the conflicts of laws provisions thereof. The arbitration shall be held in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitration shall be held in the US county of your most recent physical address or, if there is no such US county, in Los Angeles, California. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Los Angeles, California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND REMENTO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms constitute the entire agreement between you and Remento regarding your use of the Services, and supersede all prior written or oral agreements.
If you have any questions about the Services, please do not hesitate to contact us at support@remento.co.