Memtastic Terms of Service

1. Welcome

Memtastic is operated by 1016 Investments LLC ("Memtastic", "we", "us"). These Terms are a contract between you and us. You accept them when you create an account, tick the agreement box, or use the preview. Our Privacy Policy is part of these Terms. If you do not agree, please do not use Memtastic.

2. What Memtastic is, and is not

Memtastic helps families save photos, capture the stories behind them in conversation with an AI companion, and revisit those memories together.

Memtastic is a family storytelling service. It is not a medical device, treatment, or therapy, it does not diagnose or assess anyone, and we make no claims about health outcomes. Research on reminiscence describes the practice as a field; it is not a claim about this product.

The AI companion writes its replies automatically. It can be wrong, and it can misunderstand. Do not rely on it for medical, legal, financial or other professional advice. Memtastic is not an emergency service.

3. Who can use Memtastic

• You must be at least 18 to create an account or pay for a plan.
• Family members aged 13 to 17 may use Memtastic only when invited by an adult account holder who is responsible for them.
• Memtastic is not for children under 13.
• You agree to give accurate information and to keep your phone and sign-in codes to yourself. You are responsible for what happens under your account.

Where Memtastic is offered. Memtastic is offered only in the United States and operates under US federal and state law. If you use it from elsewhere, you are responsible for following your local laws.

If you invite others. The person who sets up a family plan is its Account Admin. When you invite someone, you give us their name, phone number and date of birth. You confirm that you have their permission to do so.

4. Trying Memtastic before you join

You can try Memtastic with one photo before creating an account. By using the preview you agree to these Terms and the Privacy Policy. If you decline to join, or simply leave, your preview photo and conversation are deleted, except replies you rated, which we keep without your photo or account details to improve Memtastic. If you join, they stay with your new account.

5. Plans, trials and billing

• Free trial. A trial includes a set number of photos, chats and notifications. It has no time limit and needs no payment card.
• Paid plans. Plans (also referred to as "Subscriptions") are billed in advance for each billing period, monthly or yearly, at the price shown at checkout. Each plan includes a set number of members and monthly allowances for photo uploads, chats and notifications, shared by everyone on the account. Allowances reset every month on yearly plans too, and unused allowances do not carry over.
• Tax. Prices do not include sales tax. Where it applies, tax is added at checkout.
• Discount codes. A discount code applies once, to the first payment of a new plan, unless the offer says otherwise. Some codes are for first-time subscribers only. Only one code can be used per checkout, codes have no cash value, and we may withdraw an offer at any time.
• Automatic renewal. Your plan renews automatically at the end of each period, at the then-current price, until you cancel.
• Cancelling. You can cancel at any time through Manage Billing in your account. Your plan stays active until the end of the period you have paid for. After that, your account returns to the free trial allowances, and your photos and stories are kept.
• Refunds. We do not refund part-used periods, except where the law requires it.
• Price changes. We will give you at least 30 days' notice before a price change applies to you.
• Payments. Stripe processes payments for us. We never see or store your full card number.
• Failed payments. If a payment fails, we may limit your plan until it is resolved.

6. Your content belongs to you

"Your content" means the photos you add and the stories, messages and details you share in Memtastic. The stories Memtastic writes from your words are part of your content.

You own your content. Nothing in these Terms transfers ownership of it to us.

The permission you give us. To run Memtastic, you give us a worldwide, royalty-free, non-exclusive license to host, store, copy, process, adapt and display your content. We use this permission to provide the service, to show your content to the people you choose, and to improve Memtastic as described in section 7. The license for your content ends when the content is deleted, as described in the Privacy Policy and subject to section 7.

What you promise. You have the right to add what you add. That includes photos of, and stories about, other people. You will not add anything unlawful or anything that violates someone else's rights.

7. How your conversations help improve Memtastic

Please read this section carefully. By agreeing to these Terms you consent to it.

• What we use. We use your photos, your conversations with Memtastic, and the stories and details saved from them, to evaluate, improve and train the AI behind Memtastic. This includes training our own models.
• Who uses it. Only Memtastic and service providers working under contract for us. We do not sell your content. We do not let other companies use it to train their own general-purpose AI.
• What we own. We own the things we create from this work: models, software, aggregate statistics, research findings and other learnings. These remain ours permanently, including after you delete your content or close your account.
• When you delete. Deleted conversations are left out of any future training. Models that were already trained are not undone.
• Younger members. We do not use conversations held by members we know to be under 18, or photos they add, to train models. Details a younger member shares in a family memory become part of that shared memory and may appear in other members' conversations.
• Visitors. Words typed by guests who open a shared link are not saved. Preview conversations are deleted unless you join, except rated replies, as described above.

If you do not agree to this section, please do not use Memtastic.

8. Optional research and surveys

Memtastic studies reminiscing. If you are asked to participate in a study, doing so is optional and never affects your use of Memtastic.

• We may invite you to answer short questions, for example when you join and again later. You can skip them, and skipping never limits your use of Memtastic.
• If a study ever needs more than your normal use of Memtastic provides, we will explain it and ask for your explicit agreement first.
• You can stop taking part at any time.
• Published results do not include Personally Identifiable Information ("PII").

9. Family sharing and other people

• Memories are visible to the members of your family plan unless you mark a memory private.
• You can share a memory with someone outside your plan by link. Anyone holding the link can view that memory until the link expires.
• You are responsible for whom you invite and what you choose to share.
• Other members may tell stories that include you. Those stories belong to the member who told them.

10. Text messages / Notifications

Notifications, also known as "Smart Notifications", may be SMS, MMS or RCS messages. They may include memory-related photos, personalized conversational prompts, and deep-links to the Memtastic application. Account Admins may also receive occasional Notifications about issues pertaining to their plan, such as a notice that a plan allowance has been reached. Creation of a Trial or Subscription is conditional on you authorizing Memtastic to send you Notifications. Notifications initially default to a preset frequency, which you can change at any time in Profile Settings. The Monthly setting sends a notification about every 28 days. Message and data rates may apply. Reply STOP to opt out or HELP for help. Details are in the Privacy Policy.

11. Acceptable use

You agree not to:

• break the law or violate anyone's rights;
• add content that is sexually explicit, abusive, or exploits or endangers children;
• add content about another person in order to harass or harm them;
• break into, overload, scrape, copy, clone or reverse-engineer Memtastic;
• use automated tools to extract content or the AI's output at scale, or use Memtastic to build a competing product;
• resell Memtastic or share your account outside your family plan.

We screen uploaded photos automatically and may remove content or suspend accounts that break these rules. If you break these rules we may also take legal action, and the limits in section 17 do not limit what you owe.

Copyright complaints. Memtastic respects copyright. If you believe content on Memtastic infringes your copyright, write to support@memtastic.com with the details. We will review it and may remove the content, and we may close the accounts of repeat infringers.

12. What belongs to Memtastic

Memtastic's software, design, brand, analytics, AI prompts, models and other intellectual property belong to us. We give you a personal, non-transferable right to use Memtastic under these Terms. If you send us feedback or ideas, we may use them freely and without payment.

13. Deleting content and closing your account

You can delete a photo or a memory at any time, and you can delete your account in Profile Settings. An Account Admin must remove other active members before deleting their own account. The Privacy Policy explains exactly what is deleted and when.

14. Services we rely on

Memtastic runs on services provided by other companies, such as cloud hosting, AI models, text messaging, email and payments. The Privacy Policy lists them. Outages at those companies can affect Memtastic.

15. Changes, suspension and ending

We may add, change or remove features. We may suspend or close an account that breaks these Terms, puts others at risk, or goes unpaid. You may stop using Memtastic at any time. If we ever close Memtastic, we will give reasonable notice so that you can save your content. Sections 6, 7, 12 and 16 to 21 continue after these Terms end.

16. Disclaimers

Memtastic is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement. We do not promise that Memtastic will be uninterrupted, error-free or secure, that AI replies will be accurate, or that content will never be lost. Please keep your own copies of photos that matter to you.

17. Limit of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill. Our total liability for any claim is limited to the greater of the amount you paid us in the 12 months before the claim arose, or 100 US dollars. Some states do not allow some of these limits, so they may not apply to you.

18. If your use causes a claim against us

If someone brings a claim against us because of content you added or because you broke these Terms, you agree to cover our reasonable costs and losses from that claim.

19. Disputes

Talk to us first. Most concerns can be settled by writing to support@memtastic.com. You and we agree to try to resolve any dispute informally for 30 days before starting a formal case.

Arbitration. If we cannot resolve it, you and we agree to settle the dispute by binding individual arbitration, not in court. The American Arbitration Association will run the arbitration under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section. You and we each give up the right to a jury trial.

No class actions. You and we may bring claims only as individuals, not as a plaintiff or class member in any class or representative proceeding.

Exceptions. Either of us may bring an individual claim in small-claims court. Separately, either of us may go to any court with jurisdiction to stop misuse of intellectual property or abuse of the service.

Your right to opt out. You may opt out of arbitration by emailing support@memtastic.com within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

Governing law and courts. The laws of the Commonwealth of Virginia govern these Terms. Any case that is allowed in court will be brought in the state or federal courts located in Virginia.

20. Changes to these Terms

We may update these Terms. If a change is material, we will tell you in the app before it takes effect, and we may also email you. We may ask you to accept the updated Terms. If you do not agree, you can stop using Memtastic and delete your account.

21. General

These Terms and the Privacy Policy are the whole agreement between you and us. If a court finds part of these Terms unenforceable, the rest still applies. Our not enforcing a term is not a waiver of it. You may not transfer these Terms to someone else. We may transfer them as part of a merger, sale or reorganization.

22. Contact

1016 Investments LLC. Email: support@memtastic.com.