Terms & Conditions - last updated 10th May 2014
The following information defines the conditions under which the use of Memorado is operated by Memorado GmbH, Schinkestr. 20/21, 12047 Berlin, Germany (hereinafter "Memorado").
1. Description of the scope of service
Memorado operates an Internet brain training platform and provides customers with both free and paid services.
All customers can register for free, take a fitness assessment, create a profile and play a limited set of brain games.
Basic members still have the option to subscribe for "paid membership". However, an obligation to pay only arises when the customer confirms the order of the paid membership and associated payment with a click. Prior to the end of any subscription duration, paid members will be informed about the outstanding payment due.
Memorado is entitled to engage third party service providers and agents for the whole spectrum of the Memorado service. However, this should not negatively impact the customer.
Memorado ensures service availability for 99% of the calendar year. This does not include failures of the service, for example for essential maintenance or technical failures of the Internet.
2. Access / Contract Confirmation
In order for customers to access Memorado services they must register. For the registration the customer requires a valid e-mail address, his name and a self-chosen password.
Once an e-mail address and password are entered into our website, registration is considered complete. The registered user then enters into a contractual relationship with Memorado for a free membership. This is governed by the provisions set out in these terms and conditions.
After registration, the customer receives a notification via e-mail confirming the contract for the free membership.
An order for paid membership is confirmed once the registered customer clicks the final payment button “Purchase (via secure server)”, after entering their payment information. This customer then enters into another contractual relationship with Memorado, in addition to the free membership.
The registration/order process allows customers to check and amend any errors before submitting their registration form or order to Memorado.
The customer will be informed before the conclusion of a fee-based contract about the features of each chargeable service, prices and payment terms.
The contract for the paid membership comes into effect with the sending of the order confirmation e-mail sent by Memorado.
In the confirmation e-mail the customer will receive an electronic copy of the contract data (membership information. The contract information is also stored by Memorado.
If the customer does not pay any amount due under the contract, Memorado is entitled to suspend the customer's access temporarily until the outstanding payment is received or to terminate the contract. The contract period shall remain unaffected by the temporary closure.
3. Terms of Payment
The following payment methods are accepted: credit card or payment via PayPal.
The invoice amount for the chosen timeframe is paid to Memorado in advance without any deductions.
With the completion of the paid membership duration (the reaching of the end date of a paid subscription) and the disclosure of payment details, the customer grants Memorado permission to process payment.
4. Data Use, Data Sharing and Data Forwarding
Memorado takes care to respect the legal data protection regulations, in particular the EU Data Protection Directive 95/46/EC.
5. Cancellation, Automatic Renewal, Termination
The cancellation of the free membership (deleting the profile) is possible at any time. To do this, write a short email to firstname.lastname@example.org
To give you continued access to all advantages of the PREMIUM membership, the subscription renews after the end of your subscription period for the same time period of your previous subscribtion at a standard price automatically.
To cancel your subscription, please user the link here: https://memorado.com/payments/cancel_subscription
Please follow the current cancellation dates:
1 month subscription: Cancellation latest 2 weeks prior to end of subscription period
3 months subscription: Cancellation latest 6 weeks prior to end of subscription period
6 months subscription: Cancellation latest 12 weeks prior to end of subscription period
1 year subscription: Cancellation latest 12 weeks prior to end of subscription period
2 year subscription: Cancellation latest 12 weeks prior to end of subscription period
You can also send us the written notice to our email at email@example.com or in writing:
- Customer Service -
Choriner Straße 76
10119 Berlin, Germany
After termination of the paid membership, the status of the customer is automatically changed to free membership with the resulting limited scope of use.
Both parties retain the right to terminate paid and unpaid membership if an Event Outside Our Control takes place. An Event Outside Our Control means any act or event beyond our reasonable control, [including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks]. Memorado will not be liable for any failure to perform or delay in performance of, any of its obligations under these Terms and Conditions that is caused by an Event Outside Our Control.
Once Memorado has begun to provide the services, either party may terminate the contract with immediate effect by giving written notice to the other party (in the manner specified in paragraph 3 above where the customer is the terminating party) if the contract is broken in a material way and the offending party does not fix or correct the situation within 14 days of the innocent party asking the offending party to fix or correct the situation in writing.
The right of termination provided for in this section 5 is in addition to that provided for under the Cancellation Policy set out at the end of these Terms and Conditions
6. Liability of Memorado
If Memorado fails to comply with these terms and conditions, Memorado is responsible for loss or damage the customer suffers that is a foreseeable result of its breach of these Terms and Conditions or its negligence, but Memorado is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Memorado‘s breach or if they were contemplated by the customer and Memorado at the time the parties entered into the contract.
7. Responsibilities and Obligations of the Customer / Prohibited Practices / Exemption
The customer is alone responsible for the content of their application and therefore for the information he/she provides about himself/herself.
The customer assures that the data given are true and describe him/her personally. Both parties agree that Memorado has the right, but not the obligation, to verify the accuracy of the data if necessary.
The customer assures that he/she does not pursue commercial and/or business purposes in connection with their membership. She/he agrees not to use the contact portal for commercial or business purposes (see below, point "g").
The customer assures that in the context of offers and services from Memorado he/she will not use any photographs, text, software or any other copyrighted information without having the necessary rights or consents for them.
The customer complies with all applicable laws for registration and use of the contact portal.
The customer may in particular under no circumstances (prohibited conduct):
give logins and personal passwords to third parties or share those with third parties;
An inadmissible commercial or business use in the sense of this provision is in particular:
the provision of goods or services in return for payment of any kind, the solicitation of making an offer, or a reference to an attainable offer elsewhere;
If the customer breaches any of the obligations listed in this section 7, Memorado can be entitled to require compensation for any resulting damage or expenses. This does not apply if the user did not know he or she was committing a breach of section 7 and was not reckless in the sense of not caring whether or not he or she was committing a breach of section 7.
8. Blocking on Suspicion
Memorado is entitled, in the case of a complaint from a third party, and on suspicion of a violation or breach of these terms and conditions, to delete the member’s content, which triggered this suspicion or complaint. The complaint itself, however, does not serve as justifiable grounds for Memorado to terminate the member’s contract. For termination of the contract, a breach of the conditions specified in these Terms and Conditions has to be identified.
If a warning is deemed reasonable by Memorado, Memorado must give the customer the opportunity to eliminate the suspicion or to remedy the situation before blocking or removing the content. If a warning is not reasonable, for example, because the blocking or removal is needed to prevent a possible damage to Memorado or another customer, Memorado will inform the customer immediately afterwards about the blocking or removal and then give them the opportunity to comment and request help.
Memorado can always delete the content or keep the profile blocked when Memorado is requested to do so by a court or by state authorities, or if the contract is terminated in accordance with these Terms and Conditions. The same applies if the cancellation or revocation is necessary to prevent an imminent harm to Memorado or another customer.
The customer's obligation to pay the contractually agreed remuneration as part of a paid membership remains unaffected by the blocking of content. If the customer's access to the paid membership was blocked and the closure in hindsight proves to be unwarranted, the duration of the paid membership will be extended accordingly. If an extension is not possible or objectively unreasonable, Memorado will reimburse the blocking period and the corresponding fee.
9. Cancellation Policy
9.1. Right of Withdrawal
You have certain rights under the UK’s Consumer Distance Selling Regulations 2000 (“Regulations”).
Before Memorado begins to provide the Services, you have the following right to cancel the contract for Memorado’ Services:
You may cancel the contract at any time within 7 working days from the day after receiving the email from Memorado confirming the registration.
If you cancel the contract under the above paragraph (9.1a) and you have made any payment in advance for the Services, Memorado will refund these amounts to you.
You can exercise the right to withdrawal under this paragraph 9.1 by notifying us by:
12047 Berlin, Germany
Memorado will confirm your withdrawal in writing to you.
Memorado offers two products: one browser-based (www.memorado.co.uk) and one mobile App. In the case of an in-app purchase, the right to withdrawal is forfeited ahead of time, given that you have agreed that the contract starts prior to expiration of right to withdrawal and that you know that with this consent, the right to withdrawal is forfeited at the time of activation.
9.2. Cancellation and Consequences
After the initial 7 days of your first subscription, your Right of Withdrawal expires. You will then be able to stop the renewal of your current contract by using your option of cancellation. After cancellation of the paid membership, your status is automatically changed to a free membership with the resulting limited scope of use. Early cancellation does not entitle you to any reimbursement or refund for the remaining duration of the contract, and you are still liable for any outstanding payment due for the originally agreed subscription term. You must satisfy obligations to reimburse payments within 30 days after dispatch of your written notice. More detailed information about Cancellation, Renewal and Termination can be found in the above Section 5.