Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using the MemVault mobile application and services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and MemVault ("Company," "we," "us," or "our") regarding your use of our family memory preservation services. By creating an account or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Account Creation and Responsibilities

2.1 Eligibility and Requirements

To create a MemVault account, you must:

• Age Requirement: Be at least 13 years old or have parental consent
• Accurate Information: Provide truthful, accurate, and complete registration information
• Legal Capacity: Have the legal capacity to enter into this agreement
• Family Purpose: Use the Service for legitimate family memory preservation purposes
• Single Account: Maintain only one account per person

2.2 Account Security and Maintenance

You are responsible for:

• Password Security: Creating and maintaining a strong, unique password
• Account Access: All activities that occur under your account credentials
• Information Updates: Keeping your account information current and accurate
• Unauthorized Access: Immediately notifying us of any suspected unauthorized access
• Security Features: Enabling two-factor authentication when available

2.3 Family Account Management

As the primary account holder, you may:

• Invite Family Members: Send invitations to family members to join your memory vault
• Set Permissions: Control what each family member can see and do
• Manage Access: Remove family members or change their access levels at any time
• Supervise Content: Monitor and manage content uploaded by family members

3. Acceptable Use Policies

MemVault is designed for preserving precious family memories. You agree to use the Service in accordance with its intended purpose:

3.1 Appropriate Content

• Family Memories: Upload content that represents genuine family memories and experiences
• Personal Use: Use the Service for personal, non-commercial family purposes
• Respectful Content: Ensure all content is appropriate for a family environment
• Lawful Content: Upload only content that you have the legal right to share

3.2 Community Standards

When sharing memories with family members, you agree to:

• Respect Privacy: Honor family members' privacy preferences and boundaries
• Family Harmony: Use the Service in ways that promote positive family relationships
• Constructive Engagement: Participate in family sharing activities in a positive manner
• Age-Appropriate Sharing: Consider the ages of family members when sharing content

4. Content Ownership and Licensing

4.1 User Content Rights

• Ownership Retention: You maintain full ownership of all content you upload
• Copyright Respect: You must own or have permission to upload all content
• Family Consent: Ensure you have appropriate consent for content featuring family members
• Third-Party Content: Respect intellectual property rights of others

4.2 Limited License to MemVault

By uploading content, you grant MemVault a limited, non-exclusive license to:

• Storage and Processing: Store, process, and display your content within the Service
• Family Sharing: Share your content with family members according to your permissions
• Technical Operations: Perform technical operations like backup, security scanning, and format conversion
• Service Improvement: Use anonymized data patterns to improve our AI organization features

4.3 Content Removal and Export

• Deletion Rights: You can delete any content you've uploaded at any time
• Export Options: Download your content in standard formats before deletion
• Family Impact: Removing shared content may affect family members' access
• Backup Deletion: Deleted content is removed from all backups within 90 days

5. Family Sharing Guidelines

5.1 Invitation and Access Control

• Invitation Only: Family members must be specifically invited to access your memory vault
• Email Verification: Invitations are sent to verified email addresses only
• Permission Levels: Set appropriate permissions (view, contribute, or manage) for each family member
• Access Revocation: Remove family members' access at any time for any reason
• Privacy Controls: Use album-level privacy settings for sensitive memories

5.2 Family Member Responsibilities

Family members who accept invitations agree to:

• Respectful Participation: Contribute positively to the family memory collection
• Privacy Respect: Honor the privacy settings and preferences of other family members
• Appropriate Content: Upload only family-appropriate content that fits the collection's purpose
• Account Security: Maintain the security of their own access credentials
• Terms Compliance: Follow all applicable terms and community guidelines

5.3 Shared Content Guidelines

• Consent for Photos: Ensure you have consent from people featured in photos before sharing
• Children's Content: Be especially careful when sharing content featuring minors
• Sensitive Memories: Use private albums for sensitive or personal family matters
• Historical Content: Respect the wishes of family members regarding historical family photos

5.4 Family Disputes and Resolution

• Content Disputes: Family members should resolve content disputes privately before involving MemVault
• Access Decisions: The primary account holder has final authority over access and permissions
• Mediation: MemVault may provide guidance but cannot resolve family conflicts
• Account Separation: Family members can create separate accounts if needed

6. Subscription Terms and Billing

6.1 Subscription Management

• App Store Billing: All subscriptions are processed through Apple App Store or Google Play
• Auto-Renewal: Subscriptions automatically renew unless canceled at least 24 hours before renewal
• Upgrade/Downgrade: Plan changes take effect at the next billing cycle
• Cancellation: Cancel anytime through your device's app store settings
• Billing Disputes: Contact Apple or Google for billing issues and refund requests

6.2 Storage and Features

• Storage Limits: Respect storage limits for your chosen plan
• Feature Access: Premium features are available only with active subscriptions
• Grace Period: Brief grace period for payment issues before feature restrictions
• Data Preservation: Your content remains safe even if your subscription lapses

6.3 Family Plan Sharing

• Plan Owner Responsibility: The subscription holder is responsible for all plan usage
• Storage Sharing: Family members share the total storage allocation
• Feature Access: All invited family members can access premium features
• Plan Changes: Only the subscription holder can change or cancel the plan

7. Intellectual Property Rights

7.1 MemVault Intellectual Property

MemVault and its licensors own all rights to:

• Software and Technology: The MemVault app, algorithms, and underlying technology
• Design and Interface: User interface design, graphics, and visual elements
• Brand Elements: MemVault name, logos, trademarks, and branding
• AI Technology: Machine learning models and AI organization systems
• Documentation: User guides, support materials, and documentation

7.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to:

• App Usage: Use the MemVault app for personal family memory preservation
• Feature Access: Access features according to your subscription level
• Family Sharing: Share app access with invited family members
• Content Export: Export your own content in available formats

7.3 Restrictions

You may not:

• Reverse Engineer: Decompile, reverse engineer, or attempt to derive source code
• Commercial Use: Use MemVault for commercial purposes without authorization
• Redistribute: Sell, license, or distribute the MemVault software
• Modify: Alter, modify, or create derivative works of the Service
• Remove Attribution: Remove or alter any copyright, trademark, or other proprietary notices

8. Prohibited Activities

To maintain a safe and family-friendly environment, the following activities are strictly prohibited:

8.1 Content Violations

• Illegal Content: Upload content that violates any applicable laws or regulations
• Harmful Content: Share content that could harm minors or family relationships
• Inappropriate Material: Upload content unsuitable for a family environment
• Copyright Infringement: Share content you don't own or have permission to use
• Privacy Violations: Upload content that violates others' privacy rights

8.2 Technical Violations

• System Abuse: Attempt to harm, overload, or disrupt MemVault systems
• Unauthorized Access: Try to access other users' accounts or restricted areas
• Data Mining: Use automated tools to extract data from the Service
• Security Bypassing: Attempt to circumvent security measures or access controls
• Malicious Software: Upload or distribute malware, viruses, or harmful code

8.3 Abuse and Harassment

• Family Harassment: Use the Service to harass, threaten, or abuse family members
• Spam and Unwanted Content: Send unsolicited messages or share unwanted content
• Impersonation: Pretend to be someone else or create fake family relationships
• Stalking: Use the Service to track or monitor others without consent

9. Service Availability and Modifications

9.1 Service Availability

• Uptime Goal: We strive for 99.9% uptime but cannot guarantee uninterrupted service
• Maintenance Windows: Scheduled maintenance may temporarily affect service availability
• Emergency Maintenance: Urgent security or stability issues may require immediate maintenance
• Service Improvements: We may temporarily disable features for improvements or updates

9.2 Service Modifications

We reserve the right to:

• Feature Updates: Add, modify, or remove features to improve the Service
• Interface Changes: Update the user interface and user experience
• Security Enhancements: Implement new security measures as needed
• Performance Improvements: Optimize service performance and reliability
• User Notification: Provide reasonable notice for significant changes

9.3 Service Discontinuation

• Advance Notice: At least 90 days notice before discontinuing the Service
• Data Export: Opportunity to export all your data before service ends
• Refund Policy: Prorated refunds for unused subscription periods
• Alternative Solutions: Assistance in migrating to alternative services when possible

10. Data Backup and Loss Policies

10.1 MemVault Backup Systems

• Redundant Storage: Your data is stored in multiple secure locations
• Regular Backups: Automated daily backups of all user content
• Geographic Distribution: Backups stored in different geographic regions
• Version Control: Multiple versions maintained for data recovery
• Backup Testing: Regular testing of backup systems and recovery procedures

10.2 Data Loss Scenarios

• User Error: Accidental deletion by users (30-day recovery window)
• Technical Failures: Hardware or software failures affecting data
• Security Incidents: Data loss due to security breaches or cyberattacks
• Natural Disasters: Physical disasters affecting data center operations
• Service Failures: Major service failures beyond our control

10.3 Recovery Procedures

• Immediate Response: Rapid response team for data loss incidents
• User Notification: Prompt notification of any data loss affecting your account
• Recovery Efforts: Best efforts to recover lost data from backup systems
• Status Updates: Regular updates during recovery operations
• Post-Incident Analysis: Comprehensive analysis to prevent future incidents

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1 Disclaimers

• Service "As Is": MemVault is provided "as is" without warranties of any kind
• No Guarantee: We don't guarantee uninterrupted, secure, or error-free service
• Data Accuracy: We don't warrant the accuracy or completeness of AI-generated tags or organization
• Third-Party Services: We're not responsible for third-party services integrated with MemVault

11.2 Liability Limitations

• Maximum Liability: Our total liability shall not exceed the amount you paid in the 12 months preceding the claim
• Excluded Damages: We're not liable for indirect, incidental, special, or consequential damages
• Data Loss: Not liable for data loss due to user error, device failure, or circumstances beyond our control
• Business Interruption: Not liable for lost profits, business interruption, or opportunity costs
• Emotional Distress: Not liable for emotional distress related to memory loss or family disputes

11.3 Exceptions

These limitations don't apply to:

• Gross Negligence: Claims arising from our gross negligence or willful misconduct
• Legal Requirements: Liability that cannot be limited under applicable law
• Personal Injury: Death or personal injury caused by our negligence
• Fraud: Fraudulent misrepresentation or deliberate breach of duty

12. Account Termination Procedures

12.1 Termination by User

You may terminate your account at any time by:

• App Settings: Using the account deletion option in MemVault settings
• Data Export: Downloading all your content before deletion
• Subscription Cancellation: Canceling active subscriptions through your app store
• Family Notification: Informing family members of account deletion plans

12.2 Termination by MemVault

We may terminate accounts for:

• Terms Violations: Serious or repeated violations of these Terms
• Illegal Activity: Use of the Service for illegal purposes
• Harmful Behavior: Harassment, abuse, or harm to other users
• Security Threats: Activities that threaten the security or integrity of the Service
• Payment Issues: Failure to pay subscription fees (after grace period)

12.3 Effects of Termination

• Immediate Access Loss: Loss of access to the Service and all features
• Data Deletion Timeline: Account data deleted permanently after 30-day grace period
• Family Impact: Shared content may be removed from family members' accounts
• Subscription Continuation: Active subscriptions continue until the end of current billing period
• Export Opportunity: 30-day window to export data before permanent deletion

13. Dispute Resolution and Governing Law

13.1 Governing Law

• Applicable Law: These Terms are governed by the laws of the State of California, United States
• Jurisdiction: Disputes shall be resolved in the state and federal courts of California
• International Users: International users consent to California law and jurisdiction
• Conflict of Laws: Without regard to conflict of law principles

13.2 Dispute Resolution Process

1. Direct Communication: First attempt to resolve disputes through our support team
2. Good Faith Negotiation: 30-day period for good faith resolution efforts
3. Binding Arbitration: Unresolved disputes subject to binding arbitration
4. Arbitration Rules: Conducted under the rules of the American Arbitration Association
5. Individual Disputes: Class action waiver - disputes must be resolved individually

13.3 Exceptions to Arbitration

• Intellectual Property: Disputes over intellectual property rights
• Injunctive Relief: Claims seeking injunctive or equitable relief
• Small Claims: Disputes that qualify for small claims court
• Emergency Relief: Temporary restraining orders or urgent court intervention

14. Changes to These Terms

14.1 Modification Process

• Advance Notice: At least 30 days notice for material changes
• Notification Methods: Email, in-app notifications, and website posting
• Version Control: Updated version numbers and effective dates
• Archive Access: Previous versions available for reference

14.2 User Options

• Review Period: Time to review and understand changes
• Continued Use: Using MemVault after changes indicates acceptance
• Disagreement Process: Export data and terminate account if you disagree
• Feedback Welcome: We welcome feedback on proposed changes

14.3 Emergency Changes

• Security Updates: Immediate changes for critical security issues
• Legal Compliance: Changes required by law or regulation
• Service Protection: Changes needed to protect service integrity
• Retroactive Notice: Notification as soon as reasonably possible

15. Contact Information

© 2025 MemVault. All rights reserved.
These Terms of Service were last updated in January 2025 and are effective immediately upon your use of the MemVault service. Thank you for trusting us with your family's precious memories.