Memoruh — Terms of Service

Welcome to Memoruh. These Terms of Service ("Terms") govern your access to and use of the Memoruh mobile application, including all features, functionality, content, and services provided through it (collectively, the "Service").

By downloading, installing, or using the Memoruh app, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately stop using the app.

To use Memoruh, you must:

• Be at least 13 years old (or 16 in the European Economic Area)
• Have the legal capacity to enter into binding contracts in your jurisdiction
• Not be a person prohibited from receiving services under applicable laws
• Not have had a previous account suspended for violating these Terms

Memoruh is a mobile application that enables users to link digital memories to physical jewelry pieces through NFC (Near Field Communication) technology and QR codes. The Service allows users to create, organise, and share digital memory albums that can be accessed by scanning associated jewelry.

• Create digital memory albums and link them to specific jewelry pieces
• Upload photos, videos, audio recordings, and written descriptions as memories
• Scan NFC tags or QR codes linked to jewelry to access memories
• Invite family members and friends as contributors to shared albums
• Gift digital memory experiences by enabling recipients to scan jewelry
• Apply memory protection features including PIN locks, time-based release, and location-based unlock
• Access a free tier with basic features and a premium subscription for expanded capabilities

4.1 Account Creation

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the accuracy of your account information
• Each person may maintain only one active account
• You may not create an account using another person's identity or information

4.2 Account Security

• You are solely responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activity that occurs under your account
• You must notify us immediately if you suspect unauthorized access to your account
• You must not share your account credentials with any other person

You retain full ownership of all content you upload to Memoruh, including photos, videos, audio recordings, written descriptions, and any other materials ("User Content").

By uploading User Content to Memoruh, you grant us a limited, non-exclusive, royalty-free, worldwide licence to store, process, reproduce, display, and distribute your content solely for the purpose of operating and providing the Service to you and your designated recipients. This licence ends when you delete the content or close your account.

We do not claim ownership of your User Content and will not use it for advertising, promotional, or commercial purposes without your explicit consent.

• Gift receivers may access memories without creating a full Memoruh account, subject to any protection settings applied by the creator
• Access to memories is granted solely at the discretion of the jewelry creator who owns the associated album
• Gift receivers must comply with all applicable sections of these Terms even when accessing the Service anonymously
• Content accessed by gift receivers is for personal viewing only and may not be copied, downloaded, or shared without the creator's consent
• Memoruh is not responsible for the content made available to gift receivers by jewelry creators

• You are responsible for all content you contribute to shared albums
• You grant the album owner and all permitted viewers the right to view your contributed content within the Memoruh platform
• The album owner retains administrative control over the album, including the ability to remove your contributions
• You may be assigned different roles (viewer, contributor, or administrator) with different permissions
• You will not use contributor access to harvest, copy, or distribute other users' content outside the platform
• Your contributor access may be revoked by the album owner or by us at any time

You agree not to use the Memoruh Service to do any of the following. Violations may result in immediate account suspension or termination:

• Upload, share, or distribute content that is illegal, defamatory, obscene, pornographic, threatening, or harassing
• Infringe on the intellectual property, privacy, or other legal rights of any third party
• Upload content depicting minors in any sexual or exploitative manner
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Memoruh app
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Service
• Transmit malware, viruses, or any other malicious code
• Impersonate any person or entity
• Use the Service for any commercial purpose without our prior written consent
• Circumvent, disable, or tamper with memory protection features
• Use the NFC or QR scanning features to fraudulently associate content with jewelry you do not own
• Violate any applicable local, national, or international law or regulation

9.1 Free and Premium Plans

Memoruh offers a free tier with basic features and premium subscription plans with expanded capabilities. We reserve the right to change the features included in any plan with reasonable advance notice.

9.2 Billing & Renewal

• Premium subscriptions are billed on a monthly or annual basis, as selected at the time of purchase
• Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date
• You will be notified of any price changes at least 30 days before they take effect

9.3 Payment Processing

All payments are processed through Apple App Store (iOS) or Google Play Store (Android) billing systems. Memoruh does not directly process or store payment card information.

9.4 Cancellation

• You may cancel your subscription at any time through your device's App Store account settings
• Cancellation takes effect at the end of the current billing period — you retain access until then
• Cancelling your subscription does not delete your account or content

All subscription purchases are final. We generally do not offer refunds except in the following circumstances:

• Where required by applicable consumer protection law in your jurisdiction
• Where a technical failure on our part prevented you from accessing the Service for a material portion of your subscription period
• Where the refund is otherwise required by the applicable app store platform policy

To request a refund, please contact us at [email protected] within 14 days of the charge.

11.1 Our Intellectual Property

The Memoruh application, including its name, logo, branding, design, user interface, features, code, algorithms, and underlying technology, is owned by Memoruh and protected by applicable intellectual property laws. You may not copy, modify, distribute, reproduce, or create derivative works from any part of the Service without our prior written consent.

11.2 Your Content

You retain all intellectual property rights in your User Content. The limited licence you grant us is described in Section 5 of these Terms.

11.3 Feedback

If you provide us with suggestions, ideas, or feedback about the Service, you grant us an irrevocable, non-exclusive, royalty-free, worldwide licence to use, incorporate, and commercialize that Feedback in any way, without any obligation to compensate you.

THE MEMORUH SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of any content

YOU USE THE SERVICE AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEMORUH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $50.

You agree to defend, indemnify, and hold harmless Memoruh and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of the Service, any User Content you upload or share, your violation of these Terms, or your violation of any third party's rights.

15.1 Termination by You

You may terminate your Memoruh account at any time by using the account deletion feature within the app (Settings → Delete Account).

15.2 Termination by Us

We reserve the right to suspend or permanently terminate your account and access to the Service at any time and without prior notice if we determine that you have violated any provision of these Terms or engaged in harmful conduct.

15.3 Effect of Termination

Upon termination of your account, your right to access the Service immediately ceases. Content you have shared with others may remain accessible to those users.

These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Memoruh is incorporated, without regard to its conflict of law provisions.

17.1 Informal Resolution

Before initiating any formal dispute process, we encourage you to contact us at [email protected] to seek an informal resolution.

17.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms shall be resolved by binding arbitration, except that either party may bring claims in small claims court if they qualify.

17.3 Class Action Waiver

YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST MEMORUH IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of these Terms and notify you through an in-app notification and/or by email. Your continued use of the Memoruh app after any changes constitutes your acceptance of the new Terms.

If you have any questions about these Terms of Service, need to report a violation, or require legal assistance, please contact us: