TERMS OF SERVICE

Last updated: November 13, 2026

This website is operated by MemoryCo, LLC, a Florida limited liability company, doing business as EngagedSenior. The EngagedSenior by MemoryCo™ platform is an online interactive service and progressive web application offered by MemoryCo, LLC (“we”, “us”, “our(s)”) where users can access, view, and play on-demand games and activities to support their cognitive health and in some instances can themselves supplement those offerings with personalized content. Through this platform and/or one or more of our websites (located at www.memoryco.org, www.engagedsenior.com or as otherwise hosted by us, collectively, the “Websites”), we provide you, the user, with access to information, resources and services, as well as to subscriptions to use EngagedSenior by MemoryCo (collectively the “EngagedSenior by MemoryCo Services”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE ARE LEGALLY BINDING AND GOVERN YOUR ACCESS TO AND USE OF THE ENGAGEDSENIOR BY MEMORYCO SERVICES.

ACCEPTANCE. By using the EngagedSenior by MemoryCo Services, you acknowledge and agree to these Terms of Service, and confirm that acknowledgement and agreement by indicating your acceptance as applicable. We reserve the right to update these Terms of Service at any time by posting such changes on the Website through which you are accessing the MemoryCo Services. If we make material changes, we will post the updated Terms of Service and may also notify you by email or within the EngagedSenior by MemoryCo Services. All such changes will be effective from the date on which they are posted, as shown at the top of these Terms of Service, and your continued use of the EngagedSenior by MemoryCo Services thereafter serves as your acceptance of such changes. You should check these Terms of Service from time to time to read what changes have been made.

SUBSCRIPTIONS. When you sign up for a subscription as described on our Websites, you are purchasing a subscription license to certain EngagedSenior by MemoryCo Services that are provided to you in exchange for a monthly fee (your “Subscription”). Under your Subscription, you are granted a limited, non-sublicenseable, non-transferable, revocable license to access and use the EngagedSenior by MemoryCo Services in accordance with these Terms of Service.

You may not resell, copy, download, reproduce, modify, distribute, transfer, sublicense, or sell any MemoryCo Services or create derivative works of the EngagedSenior by MemoryCo Services or any technology embodied in them; and you may not use data mining, robots or similar data gathering or extraction methods in connection with your use of the MemoryCo Services.

You may not use the EngagedSenior by MemoryCo Services

     To publish Content that we deem unlawful, indecent, or objectionable, or that threatens or encourages bodily harm or destruction of property, including Content that harms or harasses others, including minors, in any way;

     For illegal, deceptive, or fraudulent purposes, or in support of illegal, deceptive, or fraudulent activities, including the infringement of others’ personal, privacy, and proprietary rights;

     To post advertisements or other commercial communications;

     To access or attempt to access the accounts of other users;

     To penetrate or attempt to penetrate or compromise our platform, our Websites, or our security measures, or those of other entities; or

     To publicly screen, display, or perform any third-party audio-visual content (including, without limitation, YouTube® videos and Castbox® podcast streams) unless you have secured all required public-performance or other licences from the applicable rights holders.

If you are a corporate entity or employer, your use of your Subscription is limited to use on behalf of a single served population at a single location, as further described below. Any use of the EngagedSenior by MemoryCo Services other than as expressly authorized in these Terms of Service is strictly prohibited and will terminate the license granted in these Terms of Service.

Subscriptions are available for use as follows:

     An Individual Subscription permits you, an individual, to access and use the MemoryCo Services for your personal, individual use and to upload text, graphics, pictures, photographs, information, audio, video, or other information or material of your choosing (“Content”) for use with those EngagedSenior by MemoryCo Services. By uploading and using this Content, you represent that this Content and your use of it are lawful, do not infringe or violate the rights of any person or entity (including without limitation privacy rights), do not constitute harmful or malicious code, and do not violate these Terms of Service or any laws, rules, or regulations. We assume no obligation but reserve the right at all times to edit, to refuse to upload or post, or to remove any Content, in whole or in part, and in our sole discretion.

     If you are a corporate entity or employer providing services to one or more populations at one or more locations – for example, populations such as individuals requiring assisted living services, individuals with cognitive disabilities requiring other services, or individuals who are seniors that frequent your senior center for various activities – you may purchase a Standard (Budget) Subscription for use per population and per location. Each Standard (Budget) Subscription permits those of your employees providing those services to access and use the EngagedSenior by MemoryCo Services for use in connection with the provision of those services for that population only and only at that location. Uploading of Content is not permitted under this Subscription. If you wish to access and use the EngagedSenior by MemoryCo Services to provide services for multiple populations and/or at multiple locations, you must purchase the same number of Standard (Budget) Subscriptions.

     A Premium (Full Access) Subscription permits you, a corporate entity or employer providing services to one or more populations at one or more locations, to access and use the EngagedSenior by MemoryCo Services on the same terms as a Standard (Budget) Subscription and permits you to upload Content for use with those MemoryCo Services. By uploading and using this Content, you represent that this Content and your use of it are lawful, do not infringe or violate the rights of any person or entity (including without limitation privacy rights), do not constitute harmful or malicious code, and do not violate these Terms of Service or any laws, rules, or regulations. We assume no obligation but reserve the right at all times to edit, to refuse to upload or post, or to remove any Content, in whole or in part, and in our sole discretion. If you wish to access and use the EngagedSenior by MemoryCo Services to provide services for multiple populations and/or at multiple locations, you must purchase the same number of Premium (Full Access) Subscriptions.

FREE TRIALS. We may offer a free trial of the EngagedSenior by MemoryCo Services so that you can evaluate them. A free trial lasts for the period shown when you sign up. Free trials are limited to one per person. A new staff member at a community that has already had a free trial may ask for their own free trial. Unless we tell you otherwise when you sign up, we do not ask for payment details to start a free trial, and a free trial does not turn into a paid Subscription automatically: when the free trial ends, your access stops unless you purchase a Subscription.

     You must sign up with your real name, an email address that is yours, and the true name of your community or organization. You may not create more than one account, use false or misleading information, use another person's identity or email address, or try to get around our technical controls, in order to obtain or extend a free trial.

     We decide, in our sole discretion, who is eligible for a free trial. We may refuse, shorten, or end a free trial at any time, with or without notice, including where we reasonably believe that a free trial is being used to avoid payment or in violation of these Terms of Service. If we believe these rules have been broken, we may also suspend or close the accounts involved and refuse future free trials. We use technical measures, including cookies and network information, to detect and prevent free-trial abuse, as described in our Privacy Policy and Cookie Policy. These Terms of Service apply to you during a free trial.

     Your Subscription fees and any associated taxes are billed immediately to your credit card upon completion of your Subscription purchase through our Website(s) and then, if applicable, each month thereafter during the term of your Subscription. You hereby authorize us to charge your credit card monthly for those Subscription fees and taxes and will complete such other authorizations as we may require. If at any time during your Subscription, your credit card or other method of payment is declined, we may limit your access to the EngagedSenior by MemoryCo Services and/or terminate your Subscription. All amounts are due and payable in U.S Dollars.

     Each Subscription automatically renews month-to-month unless you cancel, or we terminate your Subscription. If the fees we charge for your Subscription change, we will notify you prior to charging you.

     If your plan includes physical tablets or other devices from us, you must return them to the address we provide within fourteen (14) days after your Subscription is canceled or terminated, and provide tracking information.

     You may cancel your Subscription at any time by contacting us at [email protected], for any or no reason. We may terminate your Subscription, without notice, effective immediately if you breach any of these Terms of Service or fail to make payment, and with notice if we elect to cease making Subscriptions commercially available. You will be responsible for the monthly subscription fee for the month in which your Subscription terminates or is canceled.

MEMBER ACCOUNT, PASSWORD, AND SECURITY. Subscriptions do, and other offerings may, require you to register for a member account. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name (or your legal name, if a corporate entity or employer) and accurate and complete information. If registering in the name of a corporate entity or employer, the login and password associated with this Subscription may be used by the individual completing the registration, and others authorized by that individual, only to access and use the EngagedSenior by MemoryCo Services and provide services for the population and at the location identified on the registration. Any other sharing of logins and passwords, including without limitation sharing between personnel staffing locations or providing services to populations in addition to or other than that identified in the registration for that Subscription, is not authorized and is prohibited. You are solely responsible for preventing unauthorized use of all logins and passwords associated with your member account.

     You may not register with false, misleading, offensive, or another person's information, and you may not create more than one account to obtain or extend a free trial or to avoid these Terms of Service. We may refuse registration, and we may suspend or close any account (including a free-trial account), with or without notice, if we reasonably believe that the account breaks these Terms of Service.

COMMUNICATIONS AND MARKETING. By using the EngagedSenior by MemoryCo Services, you acknowledge and agree that we, MemoryCo, LLC, may send you communications regarding your account, our services, and special offers or promotions that we believe might be of interest to you. Such communications will be sent to the email address you provide at the time of registration or as updated by you. This may include newsletters, marketing or promotional materials, and other information related to EngagedSenior or our associated services. Opt-Out Option: You will have the opportunity to opt-out of receiving these communications by following the unsubscribe link provided in any email we send or by contacting us directly at [email protected]. Please note that opting out of marketing communications does not affect our ability to send you service-related emails that are necessary for the administration and use of your account. Data Usage and Protection: We are committed to protecting your privacy and will use your contact information only as stated in our Privacy Policy, which outlines our practices related to collection, use, and sharing of personal information. By accepting these Terms of Service and using the EngagedSenior by MemoryCo Services, you expressly consent to receiving these communications and acknowledge that they are a part of the services we provide. If you do not wish to receive such communications, please do not use the EngagedSenior by MemoryCo Services.

INTELLECTUAL PROPERTY.

     You acknowledge and agree that, with the exception of your Content, any and all games, programs, designs, text, graphics, pictures, information, audio, video, data, software, other technology, and the selection and arrangement thereof made available by us for your use in connection with the EngagedSenior by MemoryCo Services, and the EngagedSenior by MemoryCo Services themselves, are our proprietary property (or that of our licensors) and are protected by US and International copyright, trademark and/or other intellectual property laws. Any reproduction or redistribution of the EngagedSenior by MemoryCo Services not in accordance with these Terms of Service is expressly prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

     You may not display or use our trademarks, trade names, service marks, logos and brand features, or product and service names (the “MemoryCo Marks”) without our prior written permission. All other trademarks mentioned in conjunction with the EngagedSenior by MemoryCo Services (“Third Party Marks”) are owned by their respective owners. You may not display or use in any manner any of the Third Party Marks without express permission from its owner.

     MemoryCo and its EngagedSenior platform are not affiliated, endorsed, sponsored by, or connected with any television show, game show, or its trademark owners. All references to third-party names, titles, or brands are for descriptive purposes only and are the property of their respective owners.

     If you believe that anything made available via the EngagedSenior by MemoryCo Services infringes upon any copyright that you own or control, you may file a notification of such infringement under the Digital Millennium Copyright Act (“DMCA”) with our Designated Agent identified below. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

          A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

          Identification of the copyrighted work claimed to have been infringed;

          Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit us to locate the material;

          Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;

           A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

          A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For more details on the information required for valid notification, see 17 U.S.C. 512(c) (3). Under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.

     If a notice of copyright infringement has been filed against you, you may file a counter notification with our Designated Agent identified below. Such counter notification must contain the following information:

          A physical or electronic signature;

          Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

          A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

          Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.

If we receive a valid counter notification, the DMCA provides that the removed material will be restored, or access re-enabled.

Designated Agent: [email protected]

(323) 486-3626

MemoryCo LLC

Attn: Ali Aslan

382 NE 191st St PMB 79786

Miami, FL, 33179-3899, USA

PRIVACY POLICY. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information from our users.

WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. ENGAGEDSENIOR BY MEMORYCO SERVICES ARE PROVIDED TO YOU “AS IS” AND YOU USE THEM AT YOUR OWN RISK. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ENGAGEDSENIOR BY MEMORYCO SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES OF MERCHANTABILITY, ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE, AND ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ENGAGEDSENIOR BY MEMORYCO SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED THE AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR THE ACCESS TO AND USE OF ENGAGEDSENIOR BY MEMORYCO SERVICES PROVIDED HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY.

INDEMNIFICATION. You shall defend, indemnify and hold us and our officers, directors, managers, members, employees and agents, licensors, independent contractors, service providers and consultants, and their respective officers, directors, employees and agents, harmless from and against any and all suits, actions, proceedings, at law or in equity, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses, including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements caused by, arising out of, resulting from, attributable to or in any way incidental to

          your use of the EngagedSenior by MemoryCo Services;

          your conduct;

          your violation of these Terms of Service, including any representation or warranty made by you;

          your violation of the rights of any third party; and/or

          any of your Content.

GOVERNING LAW; VENUE. These Terms of Service and any dispute arising out of or relating to them or to the EngagedSenior by MemoryCo Services are governed by the laws of the State of Florida, without regard to its conflict of laws principles. Any such dispute must be brought exclusively in the state courts located in Indian River County, Florida, or in the United States District Court for the Southern District of Florida, and you and we consent to the personal jurisdiction of and venue in those courts. If you have a separate signed agreement with us, the governing law and venue terms of that agreement apply instead. In addition to any other relief awarded, if we prevail in any action arising out of your use of or access to the EngagedSenior by MemoryCo Services then you will pay or reimburse us for reasonable attorneys’ fees and costs.

WAIVER. Our failure to strictly enforce any provision of these Terms of Service and/or any other applicable policy will not constitute a waiver of any such provision.

ENTIRE AGREEMENT. These Terms of Service, our Privacy Policy, and your online order for a Subscription collectively constitute the entire agreement between you and us concerning the EngagedSenior by MemoryCo Services and supersede all prior communications and agreements relating to them. If you or your organization have a separate written agreement signed by us for the EngagedSenior by MemoryCo Services, that agreement controls to the extent that it conflicts with these Terms of Service.

SEVERABILITY. If any provision of these Terms of Service is or becomes or is deemed invalid, illegal or unenforceable under the applicable laws or regulations of any jurisdiction, such provision will be deemed amended to the extent practicable to conform to such laws or regulations without materially altering the intention of the parties hereto.