Welcome to the Diffrent website and thanks for checking us out.

These Terms of Service (“Terms”) govern your access to www.diffrent.io (the “Site”), as well as our app, our products and our services (“Services”), all of which are owned and operated by Armorica LLC, Delaware. Please read these terms carefully before using our Services, as they constitute a legal contract between you and us. By accessing or using our Site or any of our Services, you hereby agree to these Terms.

These Terms are in effect as of the date listed above. We reserve the right to modify these Terms from time to time and we will notify you of any changes to these Terms via e-mail or other communication means. Your continued use of the Site or Services after any such changes constitutes an acceptance of the amended Terms, and you should continue to check this page for updates.

The Services described on the Site are intended for and are limited to users in the United States and may be further limited based upon product approvals and other regulatory considerations. We reserve the right to determine eligibility.

Your use of our Services may involve our collection and transmission of certain personal information or other data. Policies governing our use of such data are set forth in our Privacy Policy, which is hereby expressly incorporated into these Terms of Use.

If you do not agree to the Terms or to the Privacy Policy, you may not use the Site or our Services.

You do not need to register with us to visit the Site and access certain information. However, you will need to create an account in order to access certain password-protected areas of our Site and some of our Services. You hereby represent and warrant that the information you provide to us is truthful, accurate and current.

You must create a password for your account. Responsibility for the confidentiality of your password rests solely with you, as well as for any use of the Site or any of our Services made using your login information and password. This password should be used only by you, should not be shared with anyone else, and may be changed by us for any reason at any time upon notice to you.

When signing up to any of our offered services we may award you with credits in our loyalty program Mementos. We expect as soon as Diffrent launches its marketplace to be able to offer you these Mementos at the value communicated at the time of offering. You can earn Mementos by signing up, providing us with information and referring our website and business to other potential customers. 

Mementos carry no value other than the value assigned to them from time to time by Diffrent and its management. No rights can be obtained from owning Mementos within your digital wallet. If the Different marketplace is delayed or indefinitely postponed or cancelled, Mementos carry no monetary value and no monetary rights can be obtained from your Mementos. Mementos cannot be exchanged for currency and will only be preserved as credit in your account to be used for services through our site.

In accordance with these Terms and our Privacy Policy, we are granting you a limited, non-transferable, non-exclusive and revocable license to access our Site and our Services, subject to certain conditions. Namely, you will not: (i) copy or use any aspect of the Site or the Services or any content contained therein for purposes other than your own personal use; (ii) sell, transfer, assign, license, sublicense or modify the Services for any public or commercial use; or (iii) use our trademarks, service marks or logos without our written consent in each instance.

The content on the Site includes, but is not limited to, text, graphics, images, photographs, illustrations, maps, trademarks, trade names, service marks, logos, information obtained from Diffrent’s licensors and other materials (“Content”). Title to the Content on the Site remains with Diffrent. Diffrent invites you to view and use a single copy of the materials obtained from the Site for your personal, non-commercial use. Except as expressly permitted on the Site, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from the Site. No graphics, photographs or other visual elements obtained through the Site may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or Diffrent. You are not permitted to use the materials on the Site except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage the Site. You may not, without Diffrent’s written permission, “mirror” any Content contained in the Site on any other server.

The Site may be made available or accessed in connection with third party services and content (including advertising) that Diffrent does not control. Our Site may contain links to other websites provided by third parties. Please be aware that we do not control this third party content, including third party websites or any of the content contained therein. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Diffrent does not endorse such third party services and content and in no event shall Diffrent be responsible or liable for any products or services of such third party providers. Once you have left our Site, we cannot be responsible for the privacy practices of such other websites

You acknowledge and agree that the site, the services, and all content are provided, to the maximum extent of the law “as is,” “as available”, without warranty of any kind, either express or implied, including, without limitation, any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Diffrent makes no warranty as to the accuracy, completeness or reliability of any content available through the sites. You are responsible for verifying any information before relying on it. Use of the sites and the content available on the sites is at your sole risk. We make no representations or warranties that use of the sites or content on the sites will be uninterrupted or error-free.

To the maximum extent permitted by law, Diffrent disclaims all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation punitive, exemplary, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, the services, the content, or any third party user generated content available on or through the sites, regardless of the type of claim or action, even if Diffrent has been advised of the possibility of such damages. We will not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the site, the services, or any content.

To the extent that Diffrent may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Diffrent liability will be equal to the amount the user paid to access the Site or the minimum amount permitted under such applicable law.

You agree to defend, indemnify and hold us and our officers, directors, employees, successors, licensees and agents harmless from and against any claims, damages, demands, obligations, losses, liability and expenses, including reasonable attorneys’ fees, arising from: (i) your use of the Site or the Services; (ii) any breach of these Terms; and (iii) any violation by you of any third-party right, including without limitation any copyright, property, publicity or privacy right. This includes all actions taken under your account. This defense hold harmless and indemnification obligation will survive any modification or termination of these Terms and your use of the Services.

We may terminate these Terms and your access to all or any part of the Site or the Services at any time and for any reason without prior notice or liability. We retain the right to amend, suspend, or discontinue all or any part of the Site or the Services at any time without prior notice or liability. We also reserve the right, in our sole discretion, to modify the Site or the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site or the Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes, we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services. If you do not close your account, you will be deemed to have accepted the changes.

We operate the Site in the United States, as may be further limited from time to time. All claims arising out of these Terms or relating to the Site will be governed by the laws of the state of New York, excluding the application of its conflicts of law rules.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. These Terms set forth the entire understanding and agreement between you and Diffrent with respect to the subject matter hereof.

If you have any questions about these Terms:

Armorica LLC

ATTN: Legal

333 EAST 68 Street, 7F

New York, 10065

help@diffrent.io