These terms and conditions apply to the MemeFast app (hereby referred to as “Application”) for mobile devices that was created by Adex77 (hereby referred to as “Service Provider”) as a Freemium service.
Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application.
Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.
The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.
The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advises against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone’s security features, and may result in the Application not functioning correctly or at all.
Third-Party Services
The Application utilizes third-party services that have their own Terms and Conditions. Below are the links to the Terms and Conditions of the third-party service providers used by the Application:
Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.
If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider’s agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.
Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.
While the Service Provider strives to ensure the Application is updated and accurate, they do rely on third parties to provide information. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the application.
The Service Provider may update the application at any time. The Service Provider does not guarantee that updates will always be compatible with every operating system version. You agree to accept updates when offered. The Service Provider may also cease providing the application and may terminate its use at any time without notice. Upon termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.
In-App Purchases and Subscriptions
We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use our Services.
You can subscribe for access to all PRO features offered within MemeFast. Subscriptions are billed monthly (“MemeFast PRO Monthly”) or annually (“MemeFast PRO Yearly”) at the rate selected depending on the subscription plan. While you are subscribed, all PRO features in the app are unlocked. The PRO features may include, for example, access to additional fonts, collages, a custom color mixer, and the removal of advertisements from the App. Your subscription will be charged through your iTunes Account or Google Play Account at confirmation of purchase. Your subscription automatically renews unless you turn it off in Account Settings at least 24 hours before the end of the billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage the subscription, and turn off the auto-renewal by going to your Account Settings after purchase. Any unused portion of a free trial period will be forfeited if you purchase a subscription.
Age Requirement
You must be at least 13 years old to use the Application. If you are under 18, you represent that you have obtained permission from a parent or legal guardian.
User-Generated Content
The Application allows users to generate content using provided templates and AI-based tools (“User Content”). The Service Provider does not claim ownership over User Content.
For clarity, User Content includes, without limitation, images and photos you upload from your device, any text or captions you enter, and memes you create using the Application’s tools and AI features.
By creating, generating, or sharing User Content through the Application, you represent and warrant that: (i) you own or have obtained all necessary rights, licenses, and permissions to use any content included in the User Content, and (ii) the User Content does not infringe any third-party rights, including copyright, trademark, or publicity rights.
You retain ownership of your User Content. However, by using the Application, you grant the Service Provider a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, and distribute User Content solely for the purpose of operating, promoting, and improving the Application.
The Service Provider is not responsible for User Content and does not endorse any opinions or messages expressed therein.
AI-Generated Content
The Application includes AI-powered content generation features provided by third-party services. The Service Provider does not guarantee the accuracy, legality, originality, or appropriateness of AI-generated content.
To provide these AI-powered features, the Application sends your inputs — which may include uploaded images, photos, and text — to third-party AI service providers for processing. By using these features, you instruct and authorize us to transmit your inputs for automated analysis and caption generation, and you agree that your use of AI-generated content will comply with these Terms and any applicable acceptable-use rules of such providers.
AI-generated content may unintentionally resemble existing copyrighted works or contain errors. You acknowledge and agree that you assume all risks associated with the use of AI-generated content.
You are solely responsible for reviewing, modifying, and ensuring that any AI-generated content complies with applicable laws and third-party rights before using or sharing it.
Prohibited Content and Uses
You agree not to use the Application (including AI features) to:
- Identify or profile individuals from images or personal data;
- Upload or generate content that is hateful, defamatory, pornographic, violent, or illegal;
- Create deepfakes or manipulate a person’s likeness without consent;
- Violate privacy or publicity rights, or infringe copyrights;
- Bypass, reverse-engineer, or compromise the Application or AI service security.
Templates and Copyrighted Content
The Application provides access to template collections, some of which are copyrighted by their original creators and third-party rights holders. The Service Provider does not own all template content and acts as an intermediary platform.
If you own the copyright to a template or represent the copyright holder, and you wish to request removal of that template from the Application: (1) contact us at [email protected]with the subject “Template Removal Request”; (2) provide proof of ownership or copyright (including date of creation and/or registration); (3) clearly identify the specific template(s) requiring removal; (4) include a detailed description of the copyright infringement.
You are solely responsible for ensuring Your Content does not infringe third-party intellectual property rights, does not violate applicable laws or these Terms, and complies with copyright laws when using templates and shared content.
The Service Provider respects intellectual property rights of others and expects users of the Service to do the same. If you believe your copyright is infringed by content in the Application, submit a DMCA notice to [email protected]with the subject “DMCA Takedown Request” and include: (i) identification of the copyrighted work infringed, (ii) identification of the infringing content and its location in the Application, (iii) your contact information, (iv) a statement that you have a good-faith belief the use is not authorized, and (v) a physical or electronic signature.
Indemnity
You agree to indemnify and hold the Service Provider harmless from any claims or damages arising from your misuse of the Application or violation of these Terms.
Disclaimer of Warranties
The Application and all content provided through it, including templates and AI-generated content, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied.
To the maximum extent permitted by law, the Service Provider disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
This app may display, include or make available content (including images, videos, gifs, and other data and information) that may be subject to copyright and other intellectual property rights under the law. This content is provided to you AS IS for your information and personal use only. You use this content at your own risk and discretion.
Limitation of Liability
To the maximum extent permitted by applicable law, the Service Provider shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of the Application.
In no event shall the Service Provider’s total liability exceed the amount paid by you (if any) for use of the Application in the twelve (12) months preceding the claim.
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and the Service Provider regarding the use of the Application and supersede all prior agreements.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Service Provider’s country of residence, without regard to conflict of law principles.
Any disputes arising out of or relating to these Terms or the Application shall be subject to the exclusive jurisdiction of the competent courts in that jurisdiction, unless mandatory consumer protection laws provide otherwise.
Changes to These Terms and Conditions
The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.
Contact Us
If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at [email protected].