Terms of service

This is the agreement between you and XY Space Inc. for your use of memorynotch.app: browsing it, creating an account, and buying a licence key through it. It is separate from the licence agreement, which governs the Memory Notch application itself and the licence key once you have one — these terms do not repeat its rules about the Software; where something is already covered there, this page says so and points at it instead of restating it. It is also separate from the privacy policy, which covers your data rather than your use of the site.

1. What this agreement covers

This agreement covers the Website: browsing memorynotch.app, signing in, the customer portal where a licence can be resent or a payment looked up, and buying a licence key through Stripe checkout. It does not cover the Software — installing or running Memory Notch, or what a licence key entitles you to do with it, is governed entirely by the licence agreement. By using the Website, you agree to these terms.

2. Accounts

An account on the Website is optional and is not required to buy a licence or to use the Software. If you create one, sign-in is by a link sent to your email address; there are no passwords. One account exists per email address. You are responsible for keeping access to that email address: anyone who can read the sign-in link can sign in as you, and XY Space has no separate way to verify who you are.

3. Purchases

Licences are sold in US dollars and paid for through Stripe. Card details are entered on a page hosted by Stripe and never reach XY Space's servers. A purchase is complete once Stripe confirms payment, at which point a licence key is generated and emailed to you.

4. Refunds

You may request a refund within 30 days of buying your licence, for any reason, and XY Space will refund it in full through Stripe. Contact the address in section 11. After 30 days, refunds are at XY Space's discretion. Nothing here limits any refund right you have under the consumer law where you live. This is the same 30-day window as licence agreement section 8, which also describes what a refund does to the licence itself.

5. The licence key

A licence key bought through the Website is personal and non-transferable, and its terms of use — including the five-personal-device limit and the one-year update window — are set entirely by the licence agreement, not by this page. Buying a key through the Website does not change or add to what the licence agreement grants you.

6. Acceptable use of the Website

You may not attempt to interfere with the Website's operation, probe it for vulnerabilities without authorization, use it to commit fraud (including chargeback fraud), or use it to buy or resell licence keys in a way that breaches the licence agreement's restriction on sharing or transferring a key.

7. The Website is provided as-is

The Website is provided "as is", with no guarantee of uptime or availability. XY Space does not warrant that the Website will be uninterrupted or error-free. A Website outage does not affect a copy of the Software already installed on your Mac beyond the revocation check described in licence agreement section 7: the Software works the same whether or not the Website is reachable, except that a check for revoked licences cannot complete until it is reachable again.

8. Suspension

XY Space may suspend your Website account for abuse of the Website or for chargeback fraud. Suspending an account does not retroactively invalidate a licence for versions of the Software the licence already covers under licence agreement section 6: suspension affects your access to the Website, not rights already granted by a licence you hold.

9. Changes to these terms

XY Space may update these terms. A change applies from the date it is posted at this page's address. Continuing to use the Website after a change means you accept the updated terms.

10. Governing law

This agreement is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising under or in connection with it, and each party irrevocably attorns to the jurisdiction of those courts.

11. Contact

Website and billing enquiries: hello@xyspace.dev
XY Space Inc.
Ontario, Canada

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