Binding User Agreement for the MixMory mobile application and related services.
MixMory Date of last update: January 26, 2026 Platform Operator: MixMory LLC (“MixMory”, “we”, “us”) Platform: the MixMory mobile application and related services This User Agreement (the “Agreement”) is a legally binding contract between you (the “User”, “you”) and MixMory and governs the terms of access to and use of the Platform. By using the Platform, you confirm that you have read, understood, and fully agreed to this Agreement. If you do not agree, you are not entitled to use the Platform. 1. Your relationship with us 1.1. Nature of the Platform MixMory provides a digital platform and software tool intended for independent use by the User for the purpose of storing, organizing, structuring, displaying, and visualizing user information, including, without limitation, places, objects, addresses, geographic points, routes, notes, images, photographs, media files, links, text descriptions, memories, and other materials (the “User Content”). The Platform is of an instrumental and auxiliary nature and provides the User exclusively with a technical capability to work with information that the User independently selects, creates, uploads, stores, or transmits. MixMory does not control, initiate, or direct the actions of Users related to the creation, storage, or use of User Content. 1.2. Role of MixMory and disclaimer of liability for content MixMory acts exclusively as a provider of a technical tool (platform) and, to the maximum extent permitted by applicable law: • is not the owner of User Content; • is not the author, publisher, distributor, or editor of User Content; • does not confirm and does not guarantee the accuracy, completeness, relevance, legality, reliability, security, or suitability of User Content for any purposes; • is not liable for any decisions, actions, or omissions of the User or third parties based on User Content or information available through the Platform. All information stored, displayed, or transmitted through the Platform is provided at the initiative of and under the responsibility of the User. 1.3. Absence of special, fiduciary, and advisory relationships Use of the Platform does not create and does not imply between the User and MixMory any: • agency; • partnership; • employment; • fiduciary; • advisory (including, but not limited to, legal, medical, financial, or navigational); • representative relationships. MixMory does not act and cannot be considered as the User’s fiduciary, advisor, representative, or guarantor of interests. 1.4. Disclaimer of expectations and subjective interpretations The User acknowledges and agrees that: • the Platform is provided as a tool, not as a service with guaranteed results; • any User expectations related to convenience, usefulness, results, emotions, memories, quality of life, navigation, or other subjective criteria are exclusively the User’s personal assumptions; • any descriptions, names of functions, visual elements, examples of use, or marketing materials do not constitute promises, guarantees, or assurances on the part of MixMory. MixMory is not liable for the Platform’s failure to meet the User’s subjective expectations. 1.5. User independence and assumption of risk The User uses the Platform independently, consciously, and at their own risk. The User acknowledges that they: • independently decide what information to store, use, or transmit; • independently assess the applicability, accuracy, and consequences of using information; • bear full responsibility for any consequences arising from the use of the Platform. 2. Acceptance of terms and age requirements 2.1. Acceptance of the Terms of Service By using the MixMory Platform in any manner, including but not limited to account registration, access to functionality, uploading, saving, viewing, or any other use of the Platform, you confirm that you: • have fully read, understood, and accepted these Terms of Service; • agree to comply with all of its terms without any reservations or exceptions; • accept these Terms of Service voluntarily, consciously, and in your own interests. If you do not agree with any provision of these Terms of Service, you must immediately discontinue use of the Platform and delete your account (if applicable). 2.2. Age and legal capacity By using the Platform, you represent and warrant that: • you are at least 18 years old, or you have reached the age of full legal capacity in accordance with the laws of your jurisdiction; • you have full legal capacity and legal competence required to enter into legally binding agreements; • you have the right to assume obligations arising from these Terms of Service; • your use of the Platform does not violate applicable law. MixMory is not intended for use by persons who have not reached the established age. MixMory does not undertake any obligation to verify the age of Users and relies on the accuracy of the statements provided by you. 2.3. Inaccurate age information You acknowledge and agree that providing inaccurate, misleading, or false information regarding age or legal capacity constitutes a material breach of these Terms of Service. If it is discovered that the Platform is being used by a person who does not meet age or legal requirements, MixMory has the right, at its sole discretion and without prior notice, to: • restrict or terminate access to the Platform; • suspend or delete the account; • remove User Content; • take other measures permitted by applicable law. 2.4. Use on behalf of a legal entity If you use the Platform on behalf of a legal entity, you represent and warrant that: • you have all necessary authority to act on behalf of such legal entity; • these Terms of Service are binding on such legal entity; • the legal entity bears full responsibility for actions performed by you within the scope of using the Platform. In such case, the terms “you”, “your”, and “User” refer both to you personally and to the respective legal entity. 2.5. Independent responsibility for compliance with the law You acknowledge and agree that you independently bear responsibility for compliance with all applicable laws, rules, and regulatory requirements related to the use of the Platform, including, but not limited to: • the laws of your country of residence; • the laws of the country in which you actually use the Platform; • any restrictions related to age, content, or access to digital services. MixMory does not guarantee that the Platform or its individual functions are permitted, lawful, or compliant with legal requirements in all jurisdictions. 2.6. Legal force of consent You agree that: • electronic acceptance of these Terms of Service (including clicking a button, using the Platform, or continuing access) has the same legal force as a handwritten signature; • these Terms of Service are legally binding and enforceable to the maximum extent permitted by applicable law. 2.7. Use at your own risk Use of the Platform is carried out by you at your own risk. MixMory shall not be liable for any consequences arising as a result of: • your violation of age requirements; • your lack of legal capacity or authority; • your use of the Platform in violation of applicable law. 3. Amendment of the Terms of Service 3.1. Right to Unilateral Amendments MixMory reserves the exclusive right, at any time, at its sole discretion and without any obligation to obtain your consent, to amend, supplement, update, delete, or otherwise revise this User Agreement, in whole or in part, including, without limitation, in the following cases: • changes to or development of the Platform’s functionality; • introduction of new services, tools, or features; • changes in applicable law or regulatory requirements; • changes to MixMory’s business model, structure, ownership, or processes; • ensuring the security, stability, or legal protection of the Platform. 3.2. No Obligation to Provide Notice MixMory may, but is not obligated to, notify you of any changes by any means, including, without limitation: • notifications within the Platform interface; • electronic messages; • publication of an updated version of the Agreement. You acknowledge and agree that the absence of personal notice does not release you from the obligation to familiarize yourself with the current version of the User Agreement. 3.3. Current Version and Obligation to Review The current version of the User Agreement is always deemed available on the Platform or on MixMory’s official resources. You agree that you: • are required to independently and regularly review the current version of the Agreement; • use the Platform under the terms of the most recently published version, regardless of whether you have actually reviewed the changes. 3.4. Acceptance of Amendments by Continued Use Continued use of the Platform after the amendments take effect means: • your full and unconditional agreement with all amendments; • acceptance of the updated terms in full; • waiver of any claims related to disagreement with the amendments. If you do not agree with the amendments, your only permissible remedy is to stop using the Platform and delete your account. 3.5. Waiver of Retrospective Claims You agree that you will not bring against MixMory any claims, demands, or lawsuits related to: • amendments to the User Agreement; • termination or restriction of access to certain features; • changes to the terms of use of the Platform; • inconsistency of the updated terms with your expectations, assumptions, or interpretations. 3.6. Severability and Priority of Terms If any provision of this User Agreement is found to be invalid, unlawful, or unenforceable, this shall not affect the validity of the remaining provisions. To the maximum extent permitted by applicable law, such provisions shall be replaced with valid provisions that are as close as possible in legal meaning. 3.7. Use at Your Own Risk Use of the Platform after amendments to the User Agreement is carried out solely at your own risk. MixMory is not liable for any consequences arising as a result of: • failure to timely review the updated terms; • incorrect interpretation of the provisions of the Agreement; • inconsistency of the terms with your personal expectations or business objectives. 4. Your Account 4.1. Account Creation To access certain features of the MixMory Platform, account creation may be required. By creating an account, you agree to: • provide accurate, truthful, current, and complete information; • keep such information up to date; • not impersonate another individual or legal entity; • not use third-party credentials without lawful authorization. MixMory is not obligated to verify the accuracy of the information you provide and relies solely on your representations. 4.2. Confidentiality and Security of Account Credentials You acknowledge and agree that: • you bear sole and full responsibility for the security of logins, passwords, access codes, and other account credentials; • you are required to take all reasonable measures to prevent unauthorized access to your account; • you must immediately notify MixMory of any suspicion of compromise of your account credentials. MixMory is not liable for any damage resulting from: • loss, disclosure, or compromise of account credentials; • access by third parties to your account, regardless of the reasons; • use of your account without your knowledge or consent. 4.3. Responsibility for Actions Performed Through the Account You agree that all actions performed through your account are deemed to have been performed by you personally, regardless of whether: • they were carried out by you directly; • they were authorized by you; • they were performed by third parties. You bear full responsibility for: • all User Content posted through your account; • any actions, omissions, consequences, and obligations arising from the use of your account; • any violations of this Agreement or the rights of third parties. 4.4. MixMory’s Right to Restrict or Delete an Account MixMory has the right, at its sole discretion, at any time and without prior notice, to: • suspend, restrict, or terminate access to the account; • delete the account in whole or in part; • remove or restrict access to User Content. Such measures may be taken, including but not limited to, in cases where: • the terms of this Agreement are violated; • the rights of third parties are violated; • there is a risk of harm to the Platform, users, or third parties; • the account is used in violation of applicable law; • such actions are required by applicable laws or governmental authorities; • the account remains inactive for an extended period; • MixMory discontinues support for certain features or for the Platform as a whole. 4.5. No Obligation to Restore Data You acknowledge and agree that: • MixMory is not obligated to restore an account or User Content after their deletion; • deletion of an account may result in irreversible loss of data, including saved places, notes, images, and other materials; • MixMory bears no liability for any losses associated with such loss of data. 4.6. Disclaimer of Liability for Technical Failures MixMory does not guarantee: • uninterrupted availability of the account; • absence of technical errors, failures, or delays; • preservation of data in the event of force majeure, communication failures, actions of third parties, or technical malfunctions. Use of the account is carried out at your own risk. 4.7. No Ownership Rights to the Account You acknowledge that: • the account is a technical means of access to the Platform; • the account is not your property; • you do not acquire any property rights to the account, its identifiers, or any data associated with it. MixMory reserves the right to manage, modify, or terminate the provision of accounts within the limits permitted by applicable law. 4.8. Use at Your Own Risk Use of the account and all related functions is carried out exclusively at your own risk. MixMory bears no liability for: • direct or indirect damages; • loss of profits; • loss of data; • reputational or other non-material damage, arising in connection with the use of, or inability to use, the account. 5. Your Access to the Platform and Its Use 5.1. General Terms of Use • your full and unconditional acceptance of all changes; • acceptance of the updated terms in full; • waiver of any claims related to disagreement with the changes. If you do not agree with the amendments, your sole permissible remedy is to stop using the Platform and delete your account. You acknowledge that any use of the Platform is carried out by you at your own risk, and that MixMory does not control and is not obligated to control the manner in which the Platform is used. 5.2. Prohibited Actions When using the Platform, it is strictly prohibited, including but not limited to, directly or indirectly: • using the Platform in the absence of legal capacity or legal competence; • violating applicable law of any jurisdiction; • copying, reproducing, distributing, modifying, adapting, translating, decompiling, disassembling, analyzing the source code, or creating derivative products based on the Platform, its elements, or functionality; • using the Platform or its functions for commercial purposes without the prior written consent of MixMory; • interfering with the operation of the Platform, servers, networks, or infrastructure; • bypassing, disabling, or attempting to bypass technical, software, or organizational security measures; • using automated tools (including bots, scripts, parsers, scrapers, or APIs) to access, collect, or analyze data without authorization; • impersonating another natural or legal person; • misleading users or third parties; • using the Platform for sending spam, phishing, fraud, manipulation, disinformation, or other abusive practices; • uploading, storing, transmitting, or distributing materials containing malicious code, viruses, trojans, spyware, or other harmful components; • taking actions that may result in overload, damage, disruption, or deterioration of the Platform’s operation. 5.3. User Content and Responsibility You agree that: • you bear full and exclusive responsibility for any User Content that you create, upload, store, publish, or transmit through the Platform; • MixMory does not review, approve, or guarantee the legality, accuracy, completeness, or admissibility of User Content; • you independently assess all risks associated with the use of the Platform and User Content. MixMory shall not be liable for any harm, damage, losses, or consequences arising as a result of your use of the Platform or User Content. 5.4. No Monitoring or Intervention You acknowledge and agree that: MixMory is not obligated to conduct preliminary or continuous monitoring of users’ activities; the absence of intervention by MixMory does not constitute approval of your actions or content; MixMory has the right, but not the obligation, to take any measures at its own discretion to protect the Platform, users, or third parties. 5.5. Right to Restrict Access MixMory has the right at any time, without prior notice and without providing reasons, to: restrict, suspend, or terminate your access to the Platform; limit functionality; remove User Content; apply technical or legal enforcement measures. Such measures may be taken, including but not limited to, in cases of suspected violation of this Agreement, applicable law, or the rights of third parties. 5.6. Disclaimer of Liability for Consequences of Use You agree that MixMory shall not be liable for: direct or indirect damages; loss of profit; loss of data; reputational, moral, or other non-material harm; any consequences arising from the use or inability to use the Platform. 5.7. Non-Exhaustive List The list of prohibited actions specified in this section is not exhaustive. Any actions that MixMory, at its sole discretion, considers to violate this Agreement, applicable law, or principles of good-faith use may result in the application of restrictive measures. 5.8. Use at Own Risk Use of the Platform is carried out by you exclusively at your own risk. Use of the Platform is carried out by you at your own risk, and you fully assume all consequences of such use. 5.9. Prohibited Content When using the Platform, it is strictly prohibited to create, upload, store, publish, transmit, display, or otherwise use any content that: 1. Illegal or Dangerous Content violates applicable laws of any jurisdiction; contains calls for violence, terrorism, or extremism; depicts, promotes, or describes murder, torture, cruel treatment, mutilation, suicide, or self-harm or harm to others; contains instructions for committing crimes. 2. Pornography and Sexual Content contains pornographic materials; contains sexual content involving minors (in any form), including images, text, animation, AI-generated content; promotes sexual exploitation, violence, or human trafficking; violates standards of public morality in the applicable jurisdiction. 3. Content Violating the Rights of Third Parties violates copyrights, trademarks, patents, or other intellectual property rights; violates rights to privacy, image, honor, dignity, or business reputation; contains personal data of third parties without legal grounds. 4. Malicious, Manipulative, or Misleading Content contains malicious code, viruses, trojans, spyware; is used for phishing, fraud, or manipulation; misleads users or third parties; disseminates knowingly false information if this may cause harm. 5. Hate and Discriminatory Content incites hatred or discrimination based on race, nationality, religion, gender, sexual orientation, disability, or other characteristics; contains threats or insults directed at individuals or groups. 5.9.1. Exclusive Responsibility of the User You confirm and agree that: you bear full and exclusive responsibility for any content that you use on the Platform. MixMory is not the author, publisher, distributor, or moderator of User Content; you independently determine the legality and permissibility of the content. 5.9.2. Disclaimer of MixMory’s Liability for Content MixMory is not liable for: the nature, content, or consequences of User Content; any damage caused as a result of interaction with the content; any claims by third parties related to your content. All claims, demands, lawsuits, and losses related to User Content shall be borne exclusively by the user who posted such content. 5.9.3. Right to Removal and Blocking MixMory has the right, at its sole discretion and without prior notice, to: remove any content; restrict access to content; suspend or delete an account; transfer information to competent authorities if required by law. 5.9.4. No Obligation to Monitor You agree that: MixMory is not obliged to carry out prior or continuous review of content; failure to remove content does not constitute its approval; responsibility for content always remains with the user, regardless of any actions or inaction by MixMory. 6. Intellectual Property of Third Parties 6.1. General Provisions MixMory respects intellectual property rights and expects the same from all users of the Platform. The Platform is provided exclusively as a technical tool for storing and organizing information and is not intended for violating any rights of third parties. MixMory does not conduct prior review, examination, or legal assessment of User Content for compliance with intellectual property rights. 6.2. User Obligations You represent, warrant, and confirm that: you possess all necessary rights, licenses, consents, and permissions for any content that you: store; upload; display; transmit; make available through the Platform; the use of such content does not infringe: copyright and related rights; trademark rights; patent rights; trade secrets; rights to image; rights to name; rights to privacy; other proprietary and non-proprietary rights of third parties. 6.3. Full User Responsibility You agree that you bear full, exclusive, and personal responsibility for any content, regardless of: its format (text, image, video, audio, link, coordinates, description, AI-generated content, etc.); the method of upload (manually, automatically, via integrations); the purpose of use (personal, public, collaborative). MixMory is not: the owner of User Content; the licensor of such content; the publisher, editor, or distributor of User Content. 6.4. Disclaimer of MixMory Liability MixMory is not liable for: any violations of intellectual property rights of third parties committed by users; any claims, demands, complaints, or losses related to User Content; any consequences of the use, storage, or distribution of content through the Platform. All claims, including judicial, administrative, and extrajudicial claims, shall be resolved exclusively between users and the relevant third parties, without the participation of MixMory. 6.5. Indemnification You agree to indemnify, defend, and hold harmless MixMory, its affiliates, officers, employees, directors, contractors, and partners from and against any: claims; lawsuits; penalties; losses; expenses, including court costs and attorneys’ fees, arising in connection with: your violation of this Agreement; your infringement of intellectual property rights of third parties; your use of User Content. 6.6. MixMory’s Right to Remove Content and Restrict Access MixMory has the right, but not the obligation, at its sole discretion and without prior notice, to: remove any content; restrict access to content; suspend or delete an account; deny access to the Platform, if there is a reasonable suspicion that the content: violates the rights of third parties; may create legal risks for MixMory; is the subject of a complaint or claim. 6.7. No Obligation to Monitor You acknowledge and agree that: MixMory is not required to actively monitor or review content; the absence of action by MixMory does not constitute approval or confirmation of the legality of content; responsibility for content remains with the user regardless of any actions or inaction by MixMory. 6.8. Jurisdictional and Cross-Border Risks You understand and agree that: intellectual property laws differ between countries; MixMory does not guarantee that content lawful in one jurisdiction is lawful in another; you are solely responsible for compliance with applicable laws. 6.9. No Legal Advice No actions of MixMory, including the removal or retention of content, constitute legal advice and may not be interpreted as confirmation of the legality of such content. 7. Content and User Content 7.1. General Provisions The Platform may contain: content posted by Users; content created by third parties; automatically generated interface elements, visualizations, and maps. All such content is provided solely for informational and functional purposes and does not constitute a recommendation, endorsement, warranty, or confirmation by MixMory. MixMory does not review, pre-moderate, or control User Content, except in cases expressly required by applicable law or this Agreement. 7.2. Status of User Content All User Content is considered non-confidential and is not the property of MixMory, except in cases expressly provided for by applicable law. You understand and agree that: you should not post content that you consider confidential, sensitive, or subject to special protection; you bear full responsibility for the consequences of posting, storing, displaying, transmitting, or losing such content; MixMory is not required to ensure confidentiality, restricted access, or any special processing regime for User Content. 7.3. Rights and Licenses to User Content By posting User Content, you represent and warrant that: you are the lawful owner of such content, or you possess all necessary rights, licenses, consents, and permissions required to use it. You grant MixMory a non-exclusive, royalty-free, worldwide, revocable (to the extent permitted by law) license to: storage; processing; technical transformation; backup copying; display; distribution solely for the purpose of operating the Platform, including: display on a map; shared access; synchronization between devices; ensuring the security and stability of the service. MixMory does not acquire ownership rights to User Content. 7.4. Prohibited Content You are strictly prohibited from posting, storing, transmitting, or otherwise using through the Platform any content that: violates applicable law; contains scenes of violence, murder, cruelty, or torture; contains pornography, sexual content, or exploitation of minors; promotes terrorism, extremism, hatred, or discrimination; contains instructions for committing crimes or other unlawful acts; violates copyright, trademarks, image rights, or the right to privacy; contains malicious code, viruses, trojans, or spyware; is misleading, fraudulent, or manipulative; otherwise violates the rights of third parties. This list is not exhaustive. 7.5. Responsibility for User Content You bear full, exclusive, and unlimited responsibility for any User Content, including, without limitation: its legality; its accuracy; its relevance; the consequences of its use by third parties; compliance with the rights of third parties. MixMory: does not bear responsibility for User Content; is not responsible for opinions, statements, or information contained therein; does not guarantee its accuracy, completeness, or usefulness. 7.6. Removal and Restriction of Access MixMory has the right, but not the obligation, at any time and without prior notice to: • remove User Content; • restrict access to it; • suspend or terminate access to the Platform. Grounds may include (without limitation): • violation of this Agreement; • requirements of law or government authorities; • risk of harm to the Platform, users, or third parties. 7.7. No Guarantees of Preservation MixMory does not guarantee: • preservation of User Content; • its availability at any time; • absence of loss, damage, or deletion. You are solely responsible for creating backup copies of information that is important to you. 7.8. Indemnification You agree to indemnify, defend, and hold harmless MixMory, its affiliates, employees, and partners from any claims, damages, losses, fines, costs, and expenses arising in connection with: • your User Content; • violation of this Agreement; • violation of the rights of third parties. 8. Disclaimer of Warranties 8.1. The MixMory Platform is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties, obligations, statements, or assurances of any kind on the part of MixMory, to the maximum extent permitted by applicable law. 8.2. You expressly acknowledge and agree that you use the Platform voluntarily, knowingly, and entirely at your own risk, including, without limitation, risks associated with: • loss, damage, or distortion of data; • errors in the display of information; • technical failures; • actions or inaction of third parties; • subjective perception of the Platform’s functionality. 8.3. MixMory expressly and unconditionally disclaims all warranties, including, without limitation: • express warranties; • implied warranties; • statutory warranties; • warranties arising from business practice, custom, or prior course of dealing; • warranties of merchantability; • warranties of fitness for a particular purpose; • warranties of non-infringement of third-party rights; • warranties of accuracy, completeness, relevance, or reliability of information; • warranties of uninterrupted, continuous, timely, or secure operation of the Platform. 8.4. MixMory does not guarantee or represent that: • the Platform will meet your expectations; • the Platform will correspond to your subjective notions of “convenience,” “usefulness,” “effectiveness,” or “quality”; • use of the Platform will lead to any specific results, effects, or outcomes; • use of the Platform will improve your memory, productivity, organization of life, emotional state, mood, or quality of life; • the Platform will correspond to any descriptions, examples, or illustrations, if such expectations go beyond actual functionality. 8.5. Any names of features, descriptions, interface texts, visual elements, slogans, marketing wording, usage examples, or demonstration materials: • are for descriptive, informational, or promotional purposes only; • do not constitute a promise of results; • do not create any legally binding warranties; • must not be considered assurances, recommendations, or obligations. 8.6. The User acknowledges that any expectations, interpretations, conclusions, emotional reactions, or subjective perceptions related to the use of the Platform are solely the User’s personal perception and may not serve as grounds for claims against MixMory. 8.7. MixMory is not liable for: • the Platform’s failure to meet the User’s individual expectations; • absence of the expected effect; • disappointment, dissatisfaction, or other subjective reactions of the User; • decisions made by the User based on information stored or displayed on the Platform. 8.8. MixMory does not guarantee preservation of User Content and is not liable for: • loss, deletion, damage, or modification of data; • backup errors; • synchronization failures; • errors in the display of maps, labels, coordinates, or objects; • inability to access data for any reason. 8.9. MixMory does not guarantee that the Platform: • will operate without errors, viruses, or other harmful components; • will be compatible with specific devices, operating systems, software versions, or network environments; • will be available at any time or in any geographic location. 8.10. MixMory is not liable for actions, omissions, errors, or failures of third-party services, including but not limited to: • cloud service providers; • mapping services; • SDKs, APIs, and third-party libraries; • data storage services; • operating systems and application marketplaces. 8.11. Any information, advice, recommendations, or materials received by the User through the Platform — orally, in writing, visually, or otherwise — do not create any warranties, unless such warranties are expressly and unequivocally stated in this Agreement. 8.12. The User agrees that MixMory is not responsible for any expectations of the User formed: • based on personal interpretations; • based on marketing materials; • based on reviews of other users; • based on comparisons with other services. 8.13. To the extent that applicable law does not permit a complete disclaimer of certain warranties, such warranties shall be limited to the minimum scope and duration expressly required by law and only within the limits of mandatory legal requirements. 9. Limitation of Liability 9.1. To the maximum extent permitted by applicable law, MixMory shall not be liable to you or to any third parties for any losses or damages arising directly or indirectly in connection with: • use of or inability to use the Platform; • access to the Platform or its individual features; • actions or omissions of the User; • actions or omissions of other users; • actions or omissions of third parties; • User Content; • technical failures, errors, or interruptions in operation. 9.2. MixMory shall not be liable, regardless of the legal basis of the claim (contract, tort, unjust enrichment, negligence, strict liability, or any other theory), for any: • direct damages; • indirect damages; • incidental damages. • consequential damages; • punitive damages; • special damages; • exemplary damages; • moral harm; • emotional distress; • reputational harm. 9.3. Without limiting the generality of the foregoing, MixMory shall not be liable for: • loss, damage, or distortion of data; • deletion or loss of User Content; • loss of profits; • loss of business reputation; • loss of opportunities; • backup failures; • synchronization errors; • incorrect display of information, maps, coordinates, or objects; • incompatibility of the Platform with the User’s devices or software. 9.4. MixMory shall not be liable for any decisions, actions, or omissions of the User made on the basis of: • information stored on the Platform; • User Content; • third-party content; • cartographic or geolocation data; • any conclusions independently drawn by the User. 9.5. The User acknowledges and agrees that the Platform is not intended for decision-making purposes, including but not limited to: • legal decisions; • financial decisions; • medical decisions; • investment decisions; • psychological decisions; • navigational decisions; • commercial decisions; • strategic decisions. 9.6. MixMory shall not be liable for any harm or damage arising as a result of: • reliance by the User on information contained on the Platform; • incorrect interpretation of data; • user errors when entering, storing, distributing, or using information; • use of the Platform for purposes other than its intended use. 9.7. MixMory shall not be liable for: • actions of third-party services, SDKs, APIs, or libraries; • actions of cartographic or geolocation service providers. • actions of cloud service providers; • actions of app stores; • interruptions in the operation of communication networks or the Internet. 9.8. Even if MixMory was informed of or could reasonably foresee the possibility of such damages, MixMory shall not be liable for any types of damages specified in this Section. 9.9. If, for any reason, MixMory’s liability cannot be fully excluded, MixMory’s aggregate liability for all claims: • shall be limited to the minimum amount permitted by applicable law; • shall in any case not exceed the amount actually paid by you to MixMory (if any) during the last 12 months of use of the Platform, or zero (0) if the Platform was used free of charge. 9.10. The User agrees that the limitations of liability constitute an essential condition of this Agreement, without which MixMory would not have provided access to the Platform. 9.11. Some jurisdictions do not allow the exclusion or limitation of certain types of liability. In such cases, MixMory’s liability shall be limited to the maximum extent permitted by law and only within the scope of mandatory legal requirements. 10. Indemnification and Hold Harmless 10.1. You agree to indemnify, defend, and hold harmless MixMory, as well as its founders, affiliates, directors, officers, employees, contractors, partners, and representatives, from and against any and all: • claims; • demands; • lawsuits; • proceedings; • damages; • obligations; • fines; • penalties; • expenses; • costs; • legal fees; • court costs; • reasonable legal expenses, arising directly or indirectly in connection with: • your use of the Platform; • your inability to use the Platform; • any actions or omissions on your part; • your breach of this Agreement; • your violation of applicable law. • violation of the rights of third parties. 10.2. Indemnification obligations apply, including but not limited to, cases related to: • User Content; • posting, storage, transfer, or deletion of content; • infringement of copyright, related rights, trademarks; • violation of image rights, name rights, or the right to privacy; • defamation, insults, or reputational harm; • distribution of prohibited, illegal, or harmful content; • use of the Platform for fraudulent, deceptive, or unlawful purposes; • circumvention of technical restrictions or security measures; • use of third-party services, SDKs, or APIs through the Platform. 10.3. You agree that the obligation to indemnify applies regardless of the form of fault, including but not limited to: • intentional acts; • negligence; • carelessness; • errors; • omissions. 10.4. Indemnification obligations apply regardless of whether the relevant claims are brought: • directly against you; • directly against MixMory; • jointly against you and MixMory; • by third parties; • by governmental authorities; • by regulators; • by courts or arbitration tribunals. 10.5. You agree that MixMory has the right, at its sole discretion, to: • independently defend against such claims; • engage external legal counsel; • require full or partial reimbursement of incurred expenses from you; • determine the defense strategy without coordination with you. 10.6. You undertake to promptly cooperate with MixMory in the review of any claims or proceedings covered by this Section, including by providing information, documents, and explanations. 10.7. Indemnification includes, without limitation: • court fees; • attorneys’ fees; • expert fees; • compensation paid to third parties; • fines and penalties; • dispute resolution costs; • costs of enforcement of court decisions. 10.8. This Section shall apply to the maximum extent permitted by applicable law and shall remain in force even after termination of use of the Platform, deletion of the account, or termination of this Agreement. 10.9. If applicable law limits the scope of indemnification obligations, such obligations shall be limited only to the minimum mandatory requirements of law and shall not be fully excluded unless expressly provided by law. 11. Termination of Use of the Platform 11.1. Termination of use at the user’s initiative You may terminate use of the Platform at any time, for any reason or without stating reasons, by discontinuing use of the Platform and (if such functionality is available) deleting your account. Termination of use of the Platform does not release you from: • obligations incurred prior to the termination date; • liability for previously posted User Content; • indemnification obligations, disclaimers of warranties, and limitations of liability. 11.2. Termination or restriction of access at the initiative of MixMory MixMory has the right, at any time, at its sole discretion, with or without notice, on a temporary or permanent basis, to: • suspend; • restrict; • block; • delete an account; • terminate provision of the Platform in whole or in part, including access to specific functions, data, or User Content. Such termination or restriction may be carried out, including but not limited to, in cases of: • violation of this Agreement; • violation of applicable law; • violation of third-party rights; • posting of prohibited, illegal, or potentially risky content; • creation of risks for the Platform, MixMory, other users, or third parties; • suspicion of fraud, abuse, or unauthorized use; • requirements of governmental authorities or courts; • technical, operational, commercial, or legal reasons; • termination, modification, or restructuring of MixMory’s business. 11.3. No obligation to retain data To the maximum extent permitted by applicable law, MixMory: • is not obliged to store, process, transfer, or restore User Content or data after termination of access or deletion of an account; • does not guarantee the preservation of User Content; • bears no liability for the loss, deletion, or damage of any data, including User Content, regardless of the reason for termination. You are solely responsible for creating backup copies of any data you consider valuable. 11.4. Consequences of termination of use From the moment use of the Platform or access to it is terminated: • all licenses granted to you are terminated; • you lose the right to use the Platform; • MixMory may delete or anonymize data associated with you in accordance with the Privacy Policy and applicable law; • access to functions, services, and User Content may be lost without the possibility of recovery. 11.5. No liability for termination To the maximum extent permitted by law, MixMory shall not be liable for any losses, damages, costs, or consequences arising in connection with: • termination or restriction of access to the Platform; • deletion of an account; • deletion or loss of User Content; • inability to further use the Platform, including direct, indirect, incidental, consequential, or presumed damages. 11.6. Survival of certain provisions Provisions of this Agreement which by their nature should survive termination of use of the Platform shall remain in force, including, without limitation: • disclaimers of warranties; • limitations of liability; • indemnification obligations; • intellectual property; • dispute resolution; • waiver of class actions; • governing law and jurisdiction. 11.7. Termination of the Agreement does not constitute a waiver of rights Termination of use of the Platform or of this Agreement does not constitute a waiver by MixMory of any rights, remedies, or claims that arose prior to the date of termination or may arise in the future. 12. Other terms 12.1. Entire agreement This User Agreement, together with the Privacy Policy and other documents expressly referenced herein, constitutes the complete, final, and exclusive agreement between you and MixMory with respect to the use of the Platform. It replaces and supersedes any and all prior or contemporaneous agreements, arrangements, negotiations, statements, or representations, whether written or oral, relating to the subject matter of this Agreement. You confirm that you did not rely on any statements, warranties, or promises not expressly set forth in this Agreement. 12.2. Severability If any provision of this Agreement is held to be invalid, unlawful, or unenforceable in whole or in part: • such provision shall be deemed modified to the minimum extent necessary to make it lawful and enforceable; • if modification is not possible, such provision shall be deemed severed; • the remaining provisions of the Agreement shall remain in full force and effect. 12.3. No Waiver Failure or delay by MixMory to exercise any right, remedy, or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of rights by MixMory shall be legally binding only if made in writing. 12.4. Assignment MixMory has the right, without notice to and without obtaining consent from the user, to: • transfer; • assign; • delegate. to assign any of its rights and obligations under this Agreement to a third party, including, without limitation, within the framework of: reorganization; merger; sale of assets; change of control; business restructuring. The user is not entitled to transfer their rights or obligations without the prior written consent of MixMory. 12.5. No third-party beneficiaries This Agreement does not create rights for third parties, except in cases expressly provided for by applicable law or this Agreement. 12.6. Force Majeure MixMory shall not be liable for full or partial non-performance of obligations if such non-performance is caused by circumstances beyond the reasonable control of MixMory, including, but not limited to: natural disasters; wars, terrorism, mass riots; power supply or communication failures; actions of governmental authorities; epidemics, pandemics; failures of internet infrastructure; actions of third parties. 12.7. Governing Language This User Agreement is drafted and has legal force exclusively in the English language. Any translations of this Agreement into other languages, including translations provided by MixMory, third parties, or automated means, are provided solely for convenience and have no legal force. In the event of any discrepancies, contradictions, inaccuracies, or differences in interpretation between the English version of the Agreement and any translated version, the English version shall have prevailing, binding, and exclusive legal force. The user acknowledges and agrees that: • he is obliged to independently ensure an accurate translation and understanding of the terms of the Agreement; • if necessary, he independently engages professional translators or legal advisors; • misunderstanding, incorrect interpretation, or inaccurate translation of the terms of the Agreement does not release the User from liability and may not serve as grounds for claims against MixMory. MixMory shall not be liable for any losses, consequences, disputes, or claims arising as a result of: • incorrect translation; • incorrect understanding; • erroneous interpretation; • use of automated or machine translations of this Agreement. By using the Platform, the User confirms that they understand the English language to an extent sufficient for full and informed acceptance of the terms of this Agreement, or have taken all necessary measures to ensure such understanding. 12.8. Headings Section headings are used solely for convenience and do not affect the interpretation of the provisions of the Agreement. 12.9. Independence of provisions Each provision of this Agreement shall apply to the maximum extent permitted by law, independently of the application of other provisions. 12.10. No obligation to monitor MixMory is not obliged to carry out prior or ongoing control, monitoring, or verification of User Content, unless otherwise expressly required by law. 12.11. Interpretation Any ambiguities in the interpretation of this Agreement shall not be interpreted against MixMory, regardless of who prepared the text. 13. Payments, app stores, and third-party payment providers 13.1. Use of the MixMory Platform may involve payment for paid features, subscriptions, or digital services. Depending on the payment method, such payments may be processed through: • Apple App Store; • Google Play; • third-party payment systems and processors, including but not limited to Stripe; • other payment providers available on the Platform. 13.2. The User confirms and agrees that: • this User Agreement is entered into exclusively between the User and MixMory; • Apple, Google, Stripe, and other payment or distribution providers are not parties to this Agreement; • such third parties bear no responsibility for the Platform, its content, functionality, or the results of its use. Application stores (Apple App Store, Google Play) 13.3. When using the Platform through the Apple App Store, Google Play, or other application stores: • additional terms of the relevant application store apply; • such stores are not responsible for the MixMory Platform; • all claims related to the Platform are directed exclusively to MixMory, and not to the application store. 13.4. To the maximum extent permitted by law, Apple, Google, and other application stores: • do not provide technical support for the Platform; • do not provide any warranties of operability; • are not liable for loss of data, content, or availability of the service. 13.5. To the extent required by the rules of application stores, Apple and Google are recognized as third-party beneficiaries under this Agreement and have the right to require the User’s compliance with it. Payments via Stripe and other payment systems 13.6. When making payments via Stripe or other third-party payment systems, the User confirms and agrees that: • payment processing is carried out not by MixMory, but by the relevant payment provider; • such payments are governed by the terms of use, policies, and rules of the relevant payment provider; • MixMory does not store or process the User’s payment data (including bank card data), except for information necessary to confirm the fact of payment. 13.7. MixMory shall not be liable for: • failures, errors, delays, or refusal in payment processing; • charges, refunds, fees, or currency conversion; • blocking, suspension, or cancellation of transactions; • actions or omissions of Stripe or other payment systems. 13.8. All issues related to payment processing, refunds, chargebacks, transaction declines, and payment blocking are resolved by the User directly with the relevant payment provider, unless otherwise expressly provided by applicable law. Refunds, subscriptions, and cancellations 13.9. The rules for refunds, subscription cancellations, and payment management depend on the payment method used: • for Apple App Store and Google Play — governed by the rules of the relevant application store; • for payments via Stripe — governed by Stripe’s terms and applicable law. 13.10. MixMory does not guarantee refunds, except in cases expressly required by mandatory provisions of applicable law. General limitation of liability 13.11. The User acknowledges and agrees that: • MixMory does not control the technical infrastructure of application stores and payment providers; • all risks associated with the use of third-party payment and distribution services are borne by the User; • MixMory is not liable for the unavailability of the Platform caused by actions or restrictions of third parties. 14. Applicable law, jurisdiction, and dispute resolution procedure 14.1. Applicable law This User Agreement, as well as any relationships, disputes, claims, or disagreements between the User and MixMory arising out of or in connection with: • use of the Platform; • access to the Platform; • User Content; • paid features, subscriptions, or payments; • termination of this Agreement, shall be governed by and construed exclusively in accordance with applicable law, without regard to conflict-of-law rules. 14.2. Exclusive individual dispute resolution procedure To the maximum extent permitted by applicable law, all disputes, claims, or disagreements between you and MixMory are subject to resolution exclusively on an individual basis. The User expressly and irrevocably waives the right to: • initiate, participate in, or join collective (class action), group, representative, or consolidated claims; • act as a representative, claimant, or member of a group; • combine their claims with the claims of other users; • seek collective, public, or quasi-public remedies. 14.3. Class Action Waiver The User confirms and agrees that: • any dispute may be considered only between the User and MixMory individually; • a court or other authority is not entitled to combine claims of multiple users; • if the waiver of class actions is deemed unenforceable in a specific jurisdiction, the part of this Agreement relating to dispute resolution shall lose force only to the minimum extent necessary, without affecting the remaining provisions. 14.4. Prohibition of forum shopping and multiple proceedings The User undertakes not to initiate or support parallel, duplicative, or competing proceedings: • in different jurisdictions; • in different courts; • through different procedural mechanisms, with respect to the same dispute, claim, or factual basis. 14.5. Limitation of remedies To the maximum extent permitted by law, the User agrees that: • any claims may be brought only in the form of individual monetary compensation, unless otherwise expressly required by law; • the User waives the right to seek: • court injunctions; • orders requiring changes to the functionality of the Platform; • obligations to provide services; • public or declaratory decisions affecting other users. 14.6. No guarantee of dispute outcome The User acknowledges that: • MixMory does not guarantee any outcome of dispute resolution. • any expectations of the User regarding the outcome of a dispute are the User’s personal assumptions and have no legal force. 14.7. Limitation of time for bringing claims To the maximum extent permitted by law, any claims of the User against MixMory must be brought within the shortened period established by applicable law, or, if no such period is established, within a reasonable period, after which they shall be deemed irrevocably waived. 14.8. No interpretation against MixMory The User agrees that: • this Agreement shall not be interpreted against MixMory; • any doubts, ambiguities, inaccuracies, or gaps shall be interpreted in favor of the validity and enforceability of the Agreement, and not against the party that prepared the text. 14.9. Survival of provisions (Survival Clause) The provisions of this section remain in force after: • termination of use of the Platform; • deletion of the account; • expiration or termination of this Agreement; • termination of the Platform’s operations. 14.10. Severability of provisions If any provision of this section is held invalid or unenforceable: • the remaining provisions shall retain full legal force and effect; • the invalid provision shall be replaced with a provision that is as close as possible in meaning and legal effect, to the extent permitted by law. 14.11. Maximum permissible protection In all cases, this section shall apply to the maximum extent permitted by applicable law and shall not be construed to limit the rights of the User beyond what is expressly prohibited by law. This Agreement is intended to establish a balance of interests between the User and MixMory and shall be applied exclusively within the limits permitted by applicable law. No provision of this Agreement shall be interpreted as creating an obligation for MixMory to provide support, consultations, explanations, or any other actions not expressly required by mandatory provisions of law. 15. Contact information 15.1. For matters exclusively related to this User Agreement, the User may send a message to the following email address: info@mixmory.com (hereinafter, the “Contact Address”). 15.2. Indication of the Contact Address does not mean and does not create an obligation for MixMory to: • provide individual consultations; • respond to all inquiries; • respond within any specific timeframes; • consider inquiries on the merits; • enter into correspondence, negotiations, or discussions; • provide explanations, legal positions, or comments. 15.3. MixMory has the right, but not the obligation, to review User inquiries and respond to them at its sole discretion, including: • selectively; • without explanation of reasons; • using automated tools; • or not respond at all. 15.4. Submission of an inquiry by the User does not suspend, modify, or otherwise affect the operation of this Agreement, and does not suspend the running of any time limits established by law or by this Agreement. 15.5. The Contact Address is not intended for: • sending legal notices, claims, demands, or procedural documents; • submitting claims for compensation of damages; • submitting applications having legally significant consequences, unless otherwise expressly required by mandatory provisions of applicable law. 15.6. The User agrees that any risks associated with failure to receive a response, delay in response, misunderstanding of a response, or absence of a response are borne exclusively by the User.