Terms of Use
Welcome to Remy!
By accessing and using Remy (as defined below), you hereby agree to be bound by the following terms and conditions and Remy’s Privacy Policy located at: Privacy (“Privacy Policy”, and collectively the “Terms”), which constitutes a legally binding contract between you (“You” or “User”) and AMY AI Inc. and its affiliates (dba Remy, hereafter “Remy” or “Company”).
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT CLICK “AGREE” OR ACCESS OR USE THE SERVICES.
1. The App. Remy offers a social media app (the “App”) that enables Users to share real moments from their camera roll with other users (the “Services”).
2. Access. If you wish to use and access the Services, you may be required to register through the App by providing your phone number, age, and your personal username (“Login Credentials”). You may only access and use the Services through the Login Credentials and are responsible for maintaining the confidentiality of your Login Credentials. Any instruction, action, or activity occurring through any such Login Credentials shall be deemed to be provided and/or taken by User, and User shall be responsible for all such activities, including for any unauthorized use of such Login Credentials.
3. Right to Use; Use Restrictions.
3.1 Right to Use. Subject to your compliance with the terms and conditions of the Terms, Remy hereby grants to you a nonexclusive, revocable, non-assignable, non-transferable, non-sublicensable, temporary, limited right to access and use the Services only for the purpose of receiving and utilizing the Services.
3.2 Use Restrictions. You may not, nor allow or assist any third party to: (i) modify, alter, create derivative works from, reverse engineer, decompile, disassemble, or attempt in any other manner to obtain the source code of any part of the Services; (ii) remove any proprietary notices, labels, or marks on or in any part of the Services, including without limitation any trademark or copyright notices; (iii) perform or disclose to any third party the results of testing or benchmarking of the Services, or access or use the Services or any part thereof in order to build or support, and/or assist a third party in building or supporting, products or services which are competitive to Remy’s App and Services; (iv) use the Services for any illegal, immoral or unauthorized purpose or in any other manner not expressly authorized by these Terms; or (v) use the Services to transmit any unlawful, racist, harassing, defamatory, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic, or otherwise objectionable material of any kind or any material that infringes a third party’s rights including, without limitation, intellectual property rights.
4. Legal Age and Authority. To use the Services, you must be over the age of thirteen (13), or the minimum age at which a person may use the Services in your state, province, or country without parental consent, if greater. The Company assumes no responsibility or liability for any misrepresentation of your age.
5. Intellectual Property.
5.1 As between the parties, You retain all ownership and intellectual property rights in and to your data and content which is uploaded to or otherwise provided to Remy via the Services (“User Data”). If User Data contains any photograph, video, audio recording, or other content that identifies any third-party besides You, You hereby represent and warrant that you have obtained all necessary rights, permissions, and consents from such identifiable person to use such content in connection with the Services. You agree to indemnify and hold Remy harmless from any claim brought by any person depicted in content you give access to within the Services. You hereby grant Remy and its service providers the right to use User Data in order to provide the Services, including for the development and improvements of the Services. We may, but have no obligation to, remove User Data and accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms. We also reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
5.2 You acknowledge and agree that Remy and/or its licensors own the App, Services and any data and associated materials, products, technology and any other content related thereto, including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, related graphics, and other features digital media or in-app content supplied with or through it, including any copies, emulations, enhancements, modifications and derivative works made thereof and all intellectual property rights in the foregoing (“Remy IP”). Except as expressly stated herein, these Terms do not grant you any rights or licenses in respect of the Services, the Remy IP, or to any other intellectual property of Remy.
5.3 It is our desire and pleasure to hear from our Users and we welcome your comments regarding our Services. To the extent you provide to Remy any suggestions, comments and feedback regarding the Services (the “Feedback”), you hereby grant Remy and its licensors a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license grant to incorporate the Feedback into the Services, any Company’s current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback.
6. Your Obligations. You represent that during the Term, you shall: (i) be and remain exclusively responsible for all User Data and/or any other information provided via your account, and that all such User Data and information has been and shall be legally obtained, does not and will not infringe any third party rights, (ii) not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights; (iii) comply with all applicable laws and regulations with respect to your activities under these Terms.
7. AI Features. Our Services include AI-powered features (“AI Features”). The Company uses commercially reasonable measures to ensure trustworthiness (including reliability, safety, fairness, security, resilience, accountability, and transparency) of the AI Features systems used in connection with the Services; however, You acknowledge and agree that due to the nature of AI, the outputs of the AI Features may not always be complete, reliable, or free from error. You will not assert any claim against Remy (including for damages, refunds, or any other relief) arising out of or related to any error, omission, inaccuracy, bias, or other shortcoming of any AI Feature or its output.
8. Indemnification. You agree to defend, indemnify and hold harmless Remy from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) made against or incurred by Remy arising directly or indirectly from Your failure to comply with the Terms, or any breach or alleged breach thereof.
9. Warranty Disclaimer. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR RELIABILITY. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT REMY DOES NOT GUARANTEE THAT THE SERVICES OR THE PERFORMANCE OF THE SERVICES WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF ANY PROGRAM LIMITATIONS OR FAILURES, OR THAT THE SERVICES AND/OR ANY FEATURE AVAILABLE THEREIN (WHETHER OR NOT CONFIGURABLE BY YOU) AND/OR ANY INFORMATION OBTAINED BY YOU THROUGH THE USE OF THE SERVICES WILL MEET AND/OR PERFORM IN ACCORDANCE WITH YOUR REQUIREMENTS, EXPECTATIONS, AND/OR GOALS, OR THAT REMY WILL CORRECT ANY OR ALL SERVICES ERRORS, DEFICIENCIES AND/OR NON-PERFORMANCES. ADDITIONALLY, YOU ACKNOWLEDGE THAT REMY IS NOT LIABLE FOR ANY INFORMATION PROVIDED TO YOU VIA THE SERVICES BY ANYONE OTHER THAN REMY. YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT THE SERVICES DOES NOT PERFORM AS REQUIRED, SPECIFIED, EXPECTED AND/OR DESIRABLE BY YOU, YOUR ONLY RECOURSE IS TO TERMINATE THE TERMS IN ACCORDANCE WITH THESE TERMS AND REMY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY WITH RESPECT THERETO. YOU FURTHER ACKNOWLEDGE, REPRESENT AND AGREE THAT YOUR CONTINUED USE OF THE SERVICES FOLLOWING ANY SUCH NON-PERFORMANCE, WILL CONSTITUTE YOUR ACCEPTANCE OF, AND AGREEMENT TO CONTINUE TO EXPERIENCE, SUCH SERVICES PERFORMANCE.
10. Limitation of Liability. IN NO EVENT SHALL REMY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SERVICES OR THE USE OR INABILITY TO USE THE SERVICES, THE PERFORMANCE OR FAILURE OF REMY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF REMY BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER REMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE OCCURRENCE OF SUCH CAUSE OF ACTION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMY FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OR INABILITY TO USE THE SERVICES EXCEED U.S. $100. To the fullest extent permitted by applicable law, User hereby waives any right to bring or participate in any class, collective, or representative action against the Company and agrees that any claims shall be brought solely in User's individual capacity.
11. Changes to the terms. Remy may change the Terms from time to time, at its sole discretion, without any notice or additional approval by the Users. All changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
12. Privacy. Remy respects your privacy and is committed to protecting the information you share with it. We believe that you have a right to know our practices regarding the information Remy collects when you connect to, access or use our Services. Our policy and practices and the type of information collected are described in our Privacy Policy located at Privacy. If you choose to connect to, access or use our Services you have thereby also agreed to the Privacy Policy.
13. Term; Termination. The Terms are effective until terminated by you or Remy (the “Term”). Either party reserves the right to terminate the Terms, for any reason whatsoever. These Terms terminate automatically if you breach any term of these Terms; however, Remy reserves the right to pursue any additional remedies available to it, pursuant to the remaining terms of these Terms and/or available to it under the law, in such event. Upon termination of the Terms, you shall immediately cease all use of the Services, and destroy all copies, full or partial, of the Services. Any term that is intended to survive termination will remain in effect following termination.
14. Availability. The availability and functionality of the Services depend on various factors, such as communication networks, software, hardware, service providers, and contractors. Remy does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or be error-free.
15. Arbitration; Governing Law.
15.1 Any dispute, claim or controversy arising out of or relating to these Terms shall be determined by binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules and the Expedited Procedures thereunder, which Expedited Procedures shall apply to any dispute meeting the eligibility criteria set forth therein. The arbitration shall be conducted before one (1) arbitrator, and the seat and venue of the arbitration shall be New York, New York. Judgment on the award may be entered in any court of competent jurisdiction.
15.2 Notwithstanding anything to the contrary contained in this Section 15, either party shall be entitled to seek temporary or preliminary injunctive relief (without the requirement to post a bond, to the extent permitted by law) in the state or federal courts located in New York, New York. For purposes of this Section 15 and the enforcement of any arbitration award, each party hereby submits to the jurisdiction of the state and federal courts located in New York, New York.
15.3 These Terms and any claim arising therefrom will be governed by and interpreted in accordance with the laws of the State of New York, without regard to conflicts of laws and principles. Subject to Article 15.1 regarding dispute resolution, any and all actions brought to enforce or resolve any dispute arising out of these Terms must be brought exclusively in courts having jurisdiction in New York, New York, and each party hereby consents to and agrees to submit to the exclusive personal jurisdiction and venue of such courts.
16. Copyright Infringement Notices (DMCA).
16.1 Remy responds to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that content accessible on or through the App infringes copyright, you may submit a notification pursuant to the DMCA requirements to Remy’s Copyright Agent at the address detailed below, containing the following information: (i) your full name and complete contact information (including address, telephone number, and email address); (ii) specific identification of copyrighted content claimed to have been infringed; (iii) information reasonably sufficient to permit us to locate the allegedly infringing content on our App; (iv) a statement that: (a) you have a good faith belief that use of the copyrighted content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (b) the information in your notification is accurate and that you are the owner of the copyrighted content or authorized to make the complaint on behalf of the owner; and (v) your electronic or physical signature.
16.2 Note that the information provided in a notice of copyright infringement may be forwarded to the allegedly infringing user. After removing the content from the App pursuant to a valid copyright infringement notice, Remy will notify the user responsible for the allegedly infringing content that the content has been removed.
16.3 Designated Copyright Agent:
AMY AI Inc.
Attn: DMCA Agent
Email: team@amy.company
17. General. These Terms shall not in any way be construed to constitute You or Remy as an agent, partner, joint-venture, employee or representative of the other, and both You and Remy shall remain independent contractors. You may not assign the Terms or give or transfer the Services or an interest in them to another individual or entity. Each of You and Remy intends that these Terms will not benefit or create any right or cause of action in or on behalf of, any person or entity other than You and Remy. Each of You and Remy will be excused for delays in performing or for its failure to perform hereunder to the extent that the delays or failures result from causes beyond the reasonable control of such party. No waiver by either You or Remy of any breach of these Terms will constitute a waiver of any other breach of the same or other provisions of these Terms. No waiver by either You or Remy will be effective unless made in writing and signed by an authorized representative of that party. These Terms constitute the entire agreement and understanding of You and Remy relating to the subject matter hereof. If any provision in these Terms is invalid or unenforceable in any circumstance, its application in any other circumstances and the remaining provisions of these Terms will not be affected thereby.
18. For information, questions or notification of errors, please contact: team@amy.company