Terms of Service

Effective Date: 8/1/2024

Last Updated: 8/1/2024

Welcome to Memcap. These Terms of Service (“Terms”) govern your access to and use of our websites, applications, hosting services, and related products (collectively, the “Services”). By using our Services, you agree to these Terms. If you do not agree, you may not use the Services.

1. Ownership of Code and Intellectual Property

All source code, software, and associated intellectual property created, developed, or delivered as part of the Services remain the sole property of Memcap unless explicitly agreed otherwise in writing.
Clients are granted a limited, non-exclusive license to use the deliverables for their intended purpose. This license is revocable if the client breaches these Terms or fails to pay applicable fees.

2. Use of Services

You agree to use the Services in compliance with all applicable laws and regulations. You must not:

  • Use the Services for any unlawful, harmful, or abusive purposes.
  • Attempt to reverse engineer, decompile, or copy proprietary code without written permission.
  • Resell, sublicense, or redistribute the Services without authorization.

3. Service Level Agreement (SLA)

We strive for 99.9% uptime for hosted services, excluding scheduled maintenance, force majeure events, or outages beyond our reasonable control.
In the event of prolonged downtime (more than 24 consecutive hours), clients may be eligible for prorated credits upon written request. Credits are the sole and exclusive remedy for SLA breaches.

4. Payment & Billing

  • Fees are due as outlined in your agreement or invoice.
  • Late payments may result in service suspension or termination.
  • All payments are non-refundable unless otherwise stated in writing.

5. Feedback and Suggestions

If you submit feedback, ideas, or suggestions (“Feedback”) about the Services, you grant Memcap a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback without obligation to you.

6. Termination

We may suspend or terminate your access to the Services at any time for:

  • Breach of these Terms.
  • Non-payment.
  • Activities that could harm Memcap’s reputation, infrastructure, or legal standing.

Upon termination, your license to use the Services ends immediately.

7. Limitation of Liability

To the fullest extent permitted by law:

  • Memcap will not be liable for any indirect, incidental, or consequential damages.
  • Our total liability for any claim related to the Services will not exceed the amount paid by you in the 12 months preceding the claim.

8. Disclaimer of Warranties

The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Arbitration & Dispute Resolution

Any dispute arising under these Terms will be resolved through binding arbitration in [Your State], under the rules of the American Arbitration Association.
You waive the right to participate in a class action or class-wide arbitration.

10. Governing Law

These Terms are governed by the laws of the State of [Your State], without regard to its conflict of laws principles.

11. Changes to Terms

We may update these Terms from time to time. Changes will be effective upon posting to our website. Your continued use of the Services constitutes acceptance of the updated Terms.

12. Contact

For questions about these Terms, contact us at:
Email: info@memcap.com
Website: https://memcap.com

13. SMS & Text Messaging

Memcap operates SMS/text-messaging programs for itself and the businesses we serve (for example, operational crew check-ins, appointment and account notifications, and event alerts). By opting in — for example, by replying YES to an enrollment message or submitting an opt-in form — you agree to receive recurring automated text messages such as check-in prompts, reminders, notifications, and acknowledgements. Consent to receive texts is not a condition of any purchase or service.

  • Message frequency varies by program and is disclosed at opt-in (for example, recurring, approximately 2–3 messages per business day).
  • Message and data rates may apply.
  • Reply STOP at any time to unsubscribe, or HELP for help.
  • No mobile information or SMS opt-in data is shared with third parties or affiliates for marketing or promotional purposes. See our Privacy Policy for details on how messaging data is handled.
Un-stage
.........................................................................................................................................................