Terms of Service

Last updated: February 3, 2026

Agreement to Terms

By downloading, installing, or using Memory Gems ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Memory Gems ("we," "us," or "our").

Description of Service

Memory Gems is a personal memory capture application that allows you to:

• Record moments in text, images, videos, and voice (based on subscription tier)
• Resurface past memories through customizable notifications
• Store data locally or sync to the cloud (Premium)

Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this age requirement.

If you are under 18, you represent that you have your parent's or guardian's permission to use the App.

Account Registration

Creating an Account

To access certain features, you must create an account using:

• Google Sign-In
• Apple Sign-In
• Email and password

You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

Account Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Abuse the Service or other users

You may delete your account at any time through the App settings.

Subscriptions and Payments

Free and Premium Tiers

Memory Gems offers:

• Free Tier: Basic features with local storage
• Premium Tier: Advanced features including cloud sync, media support, and more

Subscription Terms

Premium subscriptions are billed through the Apple App Store or Google Play Store. By subscribing, you agree to:

• Automatic Renewal: Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period
• Payment: Charges are processed by Apple or Google, not by us
• Price Changes: We may change subscription prices with advance notice; continued use constitutes acceptance

Cancellation and Refunds

• Cancel anytime through your App Store or Play Store account settings
• Cancellation takes effect at the end of the current billing period
• Refunds are handled by Apple or Google according to their policies
• No prorated refunds for partial periods

User Content

Your Content

You retain all rights to the content you create ("User Content"), including gems, images, videos, and voice recordings.

By using the App, you grant us a limited license to:

• Store your content on our servers (for cloud sync)
• Process your content to provide the Service
• Create backups for data protection

We do NOT:

• Claim ownership of your content
• Use your content for advertising
• Share your content with third parties
• Use your content to train AI models

Content Guidelines

You agree not to create or upload content that:

• Is illegal or promotes illegal activity
• Infringes on intellectual property rights
• Contains malware or harmful code
• Exploits or harms minors
• Harasses, threatens, or abuses others

We reserve the right to remove content that violates these guidelines, though we do not actively monitor User Content.

Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Reverse engineer, decompile, or disassemble the App
• Use the App to transmit viruses or malicious code
• Scrape or collect data from the Service
• Resell or redistribute the Service
• Use the App for commercial purposes without permission
• Circumvent subscription requirements or payment systems

Intellectual Property

Our Rights

The App, including its design, features, code, and branding, is owned by Memory Gems and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

Feedback

If you provide feedback, suggestions, or ideas, you grant us the right to use them without compensation or attribution.

Disclaimers

"As Is" Service

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• UNINTERRUPTED OR ERROR-FREE OPERATION

Data Loss

While we take reasonable measures to protect your data, we cannot guarantee against data loss. We strongly recommend maintaining local backups of important content.

For Free Tier users: Data stored only locally may be lost if you uninstall the App or lose your device.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not liable for data loss, unauthorized access, or service interruptions

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless Memory Gems, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

Dispute Resolution

Informal Resolution

Before filing a legal claim, you agree to try to resolve the dispute informally by contacting us at support@memorygems.app. We will attempt to resolve the dispute within 30 days.

Governing Law

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles.

Jurisdiction

Any disputes not resolved informally shall be resolved in the courts of Ontario, Canada. You consent to personal jurisdiction in these courts.

Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms in the App
• Updating the "Last updated" date
• Sending a notification for significant changes

Your continued use of the App after changes constitutes acceptance of the new Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Memory Gems regarding the Service.

Contact Us

Questions about these Terms? Contact us at:

Email: support@memorygems.app

Legal Inquiries: legal@memorygems.app

By using Memory Gems, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.