END USER LICENSE AGREEMENT

Effective date: February 23, 2024
Revision 3.

This End User License Agreement ("EULA") is a legal agreement between you ("User") and PillowMint ApS ("The Company" together called the "Parties") for the use of Life Memories App ("App") on Apple and Android devices.

BY INSTALLING, COPYING, OR OTHERWISE USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE APP.

1. License grant

The Company grants User a limited, non-exclusive, non-transferable, revocable license to use the App solely for User's personal, non-commercial purposes on Apple and Android devices that User owns or controls and as permitted by the Usage Rules set forth in the respective app store terms of service.

2. Subscriptions

After a free trial period, continued use of the App is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or an annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or The Company cancels it. You may cancel your Subscription renewal through your App Store subscriptions.

3. Fee changes

The Company, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the current Billing Cycle. Your continued use of the App after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

4. Refunds

Except when required by law, paid Subscription fees are non-refundable.

5. User accounts

(a) User Account Creation: The App allows User to create a personal account ("User Account") by providing certain information. User agrees to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

(b) Account Security: User is responsible for maintaining the confidentiality of User's login credentials and for all activities that occur under User's User Account. User agrees to notify The Company immediately of any unauthorized access to or use of User's User Account or any other breach of security.

(c) Account Termination: The Company reserves the right to suspend or terminate User's access to the App and User Account if The Company reasonably believes that User has violated this EULA or engaged in any fraudulent, illegal, or unauthorized activities.

6. Photo and text uploads

(a) User Content: User has the ability to create text, upload photos, images, or other content ("User Content") to the App. User retains ownership of any intellectual property rights that User holds in the User Content.

(b) License to The Company: By uploading User Content to the App, User grants The Company a non-exclusive, royalty-free, worldwide license to access and use User Content solely for the purpose of operating and improving the App.

(c) User Representations: User represents and warrants that User owns or has the necessary licenses, rights, consents, and permissions to upload and share the User Content through the App, and that the User Content does not violate any third-party rights or applicable laws.

7. GDPR

User accepts and agrees to the terms specified in the Privacy Policy (GDPR) accessible through the App or on the website LifeMemories.dk ("Website ").

8. Restrictions

User shall not: (a) modify, adapt, translate, or create derivative works of the App; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except as expressly permitted by applicable law; (c) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the App; (d) sublicense, lease, sell, rent, loan, distribute, or otherwise transfer the App to any third party; (e) use the App for any unlawful purpose; or (f) use the App in any manner that could damage, disable, overburden, or impair The Company's servers or networks.

9. Intellectual property

User acknowledges and agrees that the App, including but not limited to any graphics, user interface, audio, video, and other content contained therein, is owned by The Company and/or its licensors and is protected by applicable intellectual property and other laws. User does not acquire any ownership interest in the App under this EULA, nor any other rights thereto other than to use the App in accordance with the license granted herein.

10. Support and maintenance

The Company is not obligated to provide any maintenance, technical support, or updates for the App under this EULA. However, The Company may, in its sole discretion, provide updates, bug fixes, or other support for the App.

11. Links to other web sites

The App may contain links to third-party web sites or services that are not owned or controlled by The Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

12. Disclaimer of warranties

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APP WILL MEET USER'S REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, FUNCTION ON ALL DEVICE TYPES, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE APP, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY USER FOR THE APP. OR 100 USD IF THE USER HAS NOT PURCHASED ANYTHING THROUGH THE APP.

14. Termination

This EULA is effective until terminated by User or The Company. User's rights under this EULA will terminate automatically without notice from The Company if User fails to comply with any term(s) of this EULA. Upon termination of this EULA, User shall cease all use of the App and uninstall the App from all devices in User's possession or control.

15. App store additional terms and conditions

User acknowledges and agrees that User's use of the App is subject to the terms and conditions of the respective app store where the App was obtained, including without limitation the Usage Rules set forth therein.

16. Governing law

This EULA shall be governed and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions. Failure to enforce any right or provision of this EULA will not be considered a waiver of those rights. If any provision of this EULA is held to be invalid or unenforceable by a court, the remaining provisions of this EULA will remain in effect.

17. Negotiation

The Parties agree that any dispute arising out of or in connection with this EULA, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration administrated by the Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by the Danish Institute of Arbitration and in force at the time when such proceedings are commenced.

18. Translation interpretation

This EULA may have been translated and made available to You in the App in other languages. You agree that the original English text shall prevail in the case of a dispute.

19. Changes to this EULA and conditions

The Company reserve the right, at Our sole discretion, to modify or replace this EULA at any time. The Company will notify you of any changes by making the new EULA available to You in the App or on the Website. You are advised to review this EULA periodically for any changes. Changes to this EULA are effective when made available in the App or on the Website. By continued use of the App after those revisions become effective, You agree to be bound by the revised EULA. If You do not agree to the new EULA, in whole or in part, please stop using the App.

20. Entire agreement

This EULA constitutes the entire agreement between User and The Company concerning the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, and representations, whether oral or written, with respect to such subject matter.

If you have any questions regarding this EULA, please contact:
PillowMint ApS
Vilhelmsro 305
3480 Fredensborg
Denmark
Info@LifeMemories.dk