Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MemoryMend ("Company," "we," "our," or "us") governing your use of the MemoryMend mobile application and related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and/or through the app. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

2. Eligibility

To use the Service, you must:

• Be at least 13 years of age (or 16 years of age if you are in the European Economic Area)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Description of Service

MemoryMend is an AI-powered photo restoration service that enables users to:

• Restore damaged, faded, or deteriorated photographs
• Enhance image quality and resolution
• Repair scratches, tears, and other physical damage
• Colorize black-and-white photographs
• Improve facial clarity and details

The Service uses artificial intelligence technology to process and enhance photographs. Results may vary depending on the quality and condition of the original image.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Not share your account credentials with others
• Notify us immediately of any unauthorized use of your account

4.2 Account Responsibility

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time if we reasonably believe that you have violated these Terms. You may also delete your account at any time through the app settings.

5. Subscription Plans and Payment

5.1 Free and Paid Plans

MemoryMend offers both free and paid subscription options:

• Free Plan: Limited number of photo restorations with basic features
• Pro Subscription: Unlimited restorations with advanced features and priority processing
• Lifetime Access: One-time purchase for permanent access to all features

5.2 Billing and Payment

All payments are processed through the Apple App Store or Google Play Store. By subscribing to a paid plan, you agree to:

• Pay all applicable fees as described at the time of purchase
• Provide valid payment information
• Authorize automatic recurring billing for subscription plans

5.3 Subscription Renewal and Cancellation

• Subscriptions automatically renew at the end of each billing period unless cancelled
• You may cancel your subscription at any time through your App Store or Google Play account settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial billing periods

5.4 Price Changes

We reserve the right to change subscription prices. Price changes will take effect at the start of the next billing period following notice to you. Your continued use of the Service after the price change constitutes your agreement to pay the new price.

5.5 Refunds

Refund requests are handled according to the policies of the Apple App Store or Google Play Store. We do not directly process refunds. If you believe you are entitled to a refund, please contact the respective app store.

6. User Content and Intellectual Property

6.1 Your Content

You retain all ownership rights to the photographs you upload to the Service ("User Content"). By uploading User Content, you grant us a limited, non-exclusive, royalty-free license to:

• Process, store, and display your User Content solely to provide the Service
• Create derivative works (i.e., restored versions) of your User Content

This license terminates when your User Content is deleted from our servers.

6.2 Content Restrictions

You represent and warrant that your User Content:

• Does not infringe any third party's intellectual property rights
• Does not violate any person's privacy or publicity rights
• Does not contain illegal, harmful, or offensive material
• Does not contain malware or harmful code

6.3 Our Intellectual Property

The Service, including its design, features, functionality, and content (excluding User Content), is owned by MemoryMend and is protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute the Service or its content
• Reverse engineer, decompile, or disassemble the Service
• Remove any copyright or proprietary notices
• Use our trademarks without prior written permission

7. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Upload content you do not have the right to use
• Impersonate any person or entity
• Engage in fraudulent or deceptive practices
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems or software to extract data from the Service (scraping)
• Use the Service for any commercial purpose without our consent
• Create, distribute, or facilitate the creation of deepfakes or manipulated media intended to deceive or harm

8. AI Technology and Limitations

8.1 AI-Generated Results

The Service uses artificial intelligence to restore photographs. You acknowledge and agree that:

• AI-generated results may not perfectly match the original appearance of subjects in photographs
• Results may vary based on input image quality, damage extent, and other factors
• We do not guarantee any specific outcome or result
• AI processing involves some degree of interpretation and artistic rendering

8.2 No Warranty of Accuracy

While we strive for high-quality restorations, we cannot guarantee that restored images will be historically accurate or match the original subjects' actual appearance. The Service should not be relied upon for forensic, legal, or evidentiary purposes.

9. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• Any defects in the Service will be corrected

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEMORYMEND, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless MemoryMend and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@memorymendapp.com to attempt to resolve any dispute informally. We will attempt to resolve disputes within 60 days of receiving your notice.

12.2 Binding Arbitration

If we cannot resolve a dispute informally, you and MemoryMend agree to resolve any disputes through binding individual arbitration, except as otherwise provided herein. Arbitration shall be conducted under the rules of the American Arbitration Association.

12.3 Class Action Waiver

YOU AND MEMORYMEND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

12.5 Opt-Out

You may opt out of the arbitration agreement by sending written notice to legal@memorymendapp.com within 30 days of first accepting these Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware.

14. Third-Party Services

The Service may contain links to or integrations with third-party websites, applications, or services. We are not responsible for the content, privacy policies, or practices of any third-party services. Your interactions with third-party services are governed by their respective terms and policies.

15. Termination

15.1 Termination by You

You may terminate your account at any time by deleting your account through the app settings or by contacting us at support@memorymendapp.com.

15.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to:

• Violation of these Terms
• Conduct that we determine to be harmful to other users or the Service
• Extended periods of inactivity
• Request by law enforcement or government agencies

15.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and User Content
• You will not be entitled to any refund of fees paid
• Provisions that should survive termination will remain in effect (including Sections 6.3, 10, 11, 12, 13, and 16)

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and MemoryMend regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.6 Notices

We may send notices to you via email, push notification, or by posting to the Service. Notices to us should be sent to legal@memorymendapp.com.

17. Contact Information

If you have any questions about these Terms, please contact us:

• Email: legal@memorymendapp.com
• General Support: support@memorymendapp.com