Terms of Service

1. Acceptance of Terms

By accessing or using Memoirely ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. By using the Service, you also confirm that you have read and understood our Privacy Policy.

2. Service Description

Memoirely is a digital legacy platform that allows users to record, store, and organise memories through text, voice recordings, and media uploads. The Service includes AI-powered features such as transcription, summarisation, metadata extraction, semantic search, a daily journal with guided prompts, an AI memory chat assistant, and optional voice cloning for text-to-speech.

3. User Accounts & Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• Providing accurate and truthful information in your profile and memories.
• Complying with all applicable laws, including data protection and privacy laws in your jurisdiction.
• Not uploading illegal, harmful, defamatory, or infringing content.
• Not using the Service to store content that violates the rights of others.
• Not attempting to circumvent security measures, rate limits, or access controls.

You must be at least 16 years old to use the Service. If you are between 16 and 18, you confirm that you have parental or guardian consent.

4. Content Ownership & Your Memories

You retain full ownership of all content you create, upload, or store on Memoirely — including recordings, transcripts, journal entries, chat messages, and media files.

By using the Service, you grant Memoirely a limited, non-exclusive licence to process your content solely for the purpose of providing the Service to you. This licence includes:

• Storing and backing up your data on our infrastructure.
• Processing your content through AI services to generate transcriptions, summaries, metadata, embeddings, and chat responses.
• Synthesising your voice (only when you explicitly opt in to voice cloning).

This licence does not give Memoirely any ownership of your content. We never sell your content to third parties.

5. AI Features & Transparency

Memoirely uses artificial intelligence to power transcription, summarisation, metadata extraction, semantic search, journal reflection, and memory chat features.

• Accuracy: AI-generated content may contain errors or inaccuracies. You should review AI outputs before relying on them. AI features are provided "as is" without warranty of accuracy.
• Third-party AI providers: We use OpenAI (Whisper, GPT-4o-mini, text-embedding-3-small) and ElevenLabs (voice cloning, text-to-speech). Your content is processed by these providers in accordance with our Privacy Policy.
• Opt-out: You may opt out of AI training uses of your data at any time via Settings → Privacy & Data → AI Training Opt-Out.
• AI responses are not professional advice: AI-generated reflections, summaries, and chat answers are for informational and entertainment purposes only. They do not constitute medical, legal, financial, or professional advice.

6. Voice Cloning

Voice cloning is an optional feature that allows you to create a personalised text-to-speech voice. By using voice cloning:

• You confirm that you are the owner of the voice being cloned or have obtained necessary consent.
• You explicitly consent to your voice samples being processed by ElevenLabs for cloning purposes.
• You may delete your cloned voice at any time via Settings.
• We do not share your voice samples with any party other than ElevenLabs for cloning.
• Voice cloning will not be used to impersonate you without your explicit authorisation.

7. Subscriptions & Payments

Paid plans (Pro and Premium) are billed monthly in advance. The following terms apply:

• Upgrades take effect immediately.
• Downgrades apply at the end of the current billing period.
• Cancellation stops future billing; you retain access until the end of the paid period.
• Refunds are provided at our discretion on a case-by-case basis.
• Prices may change with 30 days' notice. Continued use after a price change constitutes acceptance.
• All payments are processed securely by Stripe. We never store or have access to your full payment card details.

8. Acceptable Use

You agree not to:

• Upload content that violates any law or regulation.
• Upload content that infringes on the intellectual property rights of others.
• Use the Service to store sensitive personal data beyond what is necessary for the intended use (e.g., avoid storing medical records, government IDs, or financial account numbers).
• Attempt to reverse-engineer, scrape, or abuse the Service or its APIs.
• Create multiple accounts to circumvent plan limits or rate limits.
• Use AI-generated content to harass, impersonate, or deceive others.

9. Termination

We may suspend or terminate accounts that violate these terms. You will be notified of the reason and given an opportunity to remedy the violation where possible.

You may delete your account at any time via Settings → Privacy & Data → Delete Account. Upon deletion, all your data is permanently removed within 30 days.

10. Limitation of Liability

Memoirely is provided "as is" without warranties of any kind, express or implied. To the maximum extent permitted by law, we are not liable for:

• Damages arising from your use or inability to use the Service.
• Loss of data (you are encouraged to export your data regularly).
• Inaccuracies in AI-generated content.
• Service interruptions, whether planned or unplanned.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by applicable law.

11. Data Processing & GDPR

Memoirely acts as a data controller for the personal data you provide and as a data processor for any data you upload about others (e.g., family members mentioned in memories). Our data processing practices are described in our Privacy Policy and GDPR & Data Requests page.

If you are based in the EEA, UK, or Switzerland, you have the rights described in our GDPR page, including the rights to access, rectify, export, and delete your data.

12. Changes to These Terms

We may update these terms when we add new features, change our business practices, or as required by law. We will update the "Last updated" date above. For material changes, we will notify you via email. Continued use of the Service after changes take effect constitutes acceptance of the updated terms.

13. Governing Law

These terms are governed by the laws of England and Wales. Any disputes shall be resolved in the courts of England and Wales. If you are a consumer in the EEA, you may also bring proceedings in your local courts.

14. Contact

For questions about these terms, please contact us at contact@memoirely.com.