Memrise makes changes in their terms of use from time to time without telling users, and don’t publish the date of these amendments. Their terms of use state that those dates must be “located at the top of the page, so that you know when we[they] last updated the Terms”. They didn’t do that in this new amendment.
The new terms of use has a new paragraph that was not present prior 11th February 2019.
Here is the new paragraph in the current text:
We may update or require you to update the Services [Apps and website] to implement technical adjustments or make improvements, provided that the Services shall always match the description provided in all material respects.
That is important in case you ask for a refund because of Decks, they can refuse to do so basing solely in this new paragraph. That is the way a company fool you.
Memrise changed their terms of use without telling users, worse yet they do not follow their own terms by not showing the dates of this amendments. Moreover, the clause 14 text you quoted plus the new text in the terms of services protect them even more.
I didn’t want to say “I told you so” but, I told you so. Memrise is not willing to listen, they only want the money. This could very well be accounted as fraud, but the Terms of use are protecting them from any kind of legal repercussions. Basically, they just gave everyone who paid for Pro a big middle finger and nobody can do anything about it (unless you’re crazy enough to sue a giant company).
“We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.” . Interesting mental gymnastics though.
Thank you for bringing this oversight to our attention and apologies for the delay. We have now updated the terms to state that they were Last updated: February 15th 2019.
Their lawyers will try to cover all the bases as they supposed to, oftentimes using boilerplates but at least in EU some of these terms are non-binding/illegal.
You can find simplified outlines of such below.