Please read these Terms and Conditions (“Terms”) carefully before using the Sphere mobile application for iOS (“App”).
These Terms apply to your use of the App published by Mnemosphere Pte Ltd. They do not replace the terms that apply to the Mnemosphere web product at mnemosphere.ai. If you use both products, please review the applicable terms for each.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- App means the Sphere software application for iOS made available through the Apple App Store.
- Apple means Apple Inc.
- App Store means the digital distribution platform operated by Apple through which the App is made available.
- Country refers to: Singapore
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Mnemosphere Pte Ltd, 14-04, 160 Robertson Road, Singapore 068914.
- Device means an iPhone or other Apple mobile device on which the App is installed and used.
- Service refers to the App and the AI chat, subscription, and related features made available through the App.
- Subscription means an auto-renewable in-app subscription purchased through the App Store to access paid features such as Sphere Pro.
- Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-Party Sign-In Service means a third-party authentication service such as Sign in with Apple or Google Sign-In that You may use to create or access Your account.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Apple App Store Terms
The App is made available through the App Store and is licensed, not sold, to You. Your use of the App is also subject to the App Store Terms of Service and the Licensed Application End User License Agreement (“Apple EULA”) applicable to apps downloaded from the App Store. In the event of a conflict between these Terms and the Apple EULA, the Apple EULA governs solely with respect to Your license to use the App, and these Terms govern Your relationship with the Company.
Apple is not a party to these Terms and is not responsible for the App or its content. To the extent permitted by applicable law, Apple has no obligation to furnish any maintenance or support services for the App. Any claims relating to the App, including product liability, legal compliance, or intellectual property infringement, are the responsibility of the Company, not Apple.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right to enforce these Terms against You as a third-party beneficiary.
User Accounts
When You create an account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account.
You may sign in using Sign in with Apple, Google Sign-In, or another authentication method We make available. You are responsible for safeguarding access to Your account and for all activities that occur under Your account, whether through the App or a Third-Party Sign-In Service.
You agree not to share access to Your account with any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
User-Generated Content
The Service allows You to create, upload, attach, and store content such as text prompts, chat messages, images, documents, and voice input. You are responsible for the content that You create, submit, or share through the Service.
By creating, uploading, submitting, or storing content through the Service, You grant Us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, process, publish, translate, create derivative works from, distribute, and display such content for the purpose of providing, operating, securing, and improving the Service, including transmitting content to AI model providers as necessary to generate responses.
You represent and warrant that: (i) the content is Yours or You have the right to use it and grant Us the rights provided in these Terms, and (ii) Your content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
AI-Generated Content
The Service uses artificial intelligence to generate responses to Your prompts. AI outputs may be inaccurate, incomplete, outdated, or inappropriate. You are solely responsible for how You use AI-generated content.
The Service does not provide professional medical, legal, financial, or other professional advice. Do not rely on AI-generated content as a substitute for advice from a qualified professional.
Device Permissions
The App may request access to certain Device features, such as the camera, photo library, microphone, speech recognition, and Face ID or other biometric authentication available on Your Device. You can manage these permissions in Your Device settings. Some features may not work if You decline the relevant permission.
Subscription Plans and In-App Purchases
We offer paid subscription plans, such as Sphere Pro, that unlock additional features in the App. Subscription titles, durations, and prices are displayed in the App at the time of purchase and may vary by region.
Payment for Subscriptions is charged to Your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the price shown in the App.
You can manage or cancel Your Subscription at any time in Your Apple ID account settings or through the subscription management options available in the App. Deleting the App does not cancel Your Subscription.
We use RevenueCat to manage subscription status and entitlements. Apple processes payment and billing for App Store purchases. We do not store Your full payment card details.
Refunds for App Store purchases are handled by Apple in accordance with Apple's refund policies. Except where required by applicable law, We do not provide refunds for unused portions of a Subscription period.
If a free trial or promotional offer is made available, any unused portion of a free trial period, if offered, will be forfeited when You purchase a Subscription, where applicable.
Intellectual Property
The Service and its original content (excluding User-Generated Content), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Feedback and Suggestions
If You provide the Company with any feedback or suggestions regarding the Service (“Feedback”), You hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.
Acknowledgment
These are the Terms and Conditions governing the use of the Service and the agreement that operates between You and the Company. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions.
By downloading, accessing, or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access or use the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Links to Other Services
The Service may contain links to third-party websites or services that are not owned or controlled by the Company, including the Mnemosphere website and AI or infrastructure providers. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
You may delete Your account through the account settings available in the App. Account deletion does not automatically cancel an active App Store Subscription.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service in the twelve (12) months preceding the claim or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service).
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You in the App or on Our website. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect by posting the updated Terms at this page and, where appropriate, through the App.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.
Contact Us
If You have any questions about these Terms and Conditions, You can contact us:
- By email: hello@mnemosphere.ai
For App Store billing or refund questions, please contact Apple Support. For subscription status questions, You may also contact Us at the email above.