Terms

Effective on publicationPlain-English version. Headings are for navigation and do not change the meaning of the text.

The parties

These terms are an agreement between you and MemriBank ("MemriBank", "we", "us"). They cover memribank.com, the MemriBank apps, the MemriBank 128GB drive, the Cloud and Family subscriptions, Only Me and Keepsakes. Contact: the support page.

By creating an account, placing an order or using the apps you agree to these terms and to the privacy policy. If you do not agree, do not use the service; the drive still works as an ordinary storage device without an account.

Who can use MemriBank

You must be an adult (18 or older, or the age of majority where you live) to create an account, buy the drive or pay for a subscription. A family owner may invite a family member who is younger; the owner is responsible for that member's use and for having the authority to invite them. See family sharing.

You must give accurate account details and keep your sign-in credentials to yourself. Everything done through your account is your responsibility until you tell us it has been compromised, after which we help you lock it down.

The drive

We sell one product: the MemriBank 128GB drive. The price, shipping cost and any sales tax are shown on the Stripe Checkout page before you pay; nothing is charged that you did not see there. Your order is accepted when we email the confirmation, and we may cancel and refund an order that we cannot fulfil, for example because a production lot fails its capacity test.

Compatibility is exactly what the compatibility page lists at the time of your order: phone models, operating-system versions and known limitations, each marked with its testing state. A connector that fits your phone is not a promise that your phone can use the drive, and we make no compatibility claim beyond that page.

The returns page states the return window, the condition required and the warranty for faulty units; it forms part of these terms. The shipping page states where we ship and how delivery is estimated. Risk in the drive passes to you on delivery. Ownership of the drive is yours outright; no subscription is needed to use it, and cancelling a subscription never affects the files on it.

The apps

We grant you a personal, non-transferable licence to install and use the MemriBank apps on devices you own or control, for backing up and managing your own memories. You may not copy, modify, reverse-engineer or resell the apps except where the law allows. If you install from Apple's App Store or Google Play, their terms also apply to the download.

The apps copy your photos to your drive or to the Cloud; they never delete, move or alter the originals in your photo library. Every copy is verified against a checksum, and an interrupted backup resumes rather than starting over. The app tells you what was copied and what was not; it never skips silently.

Cloud and Family subscriptions

• Billing. Subscriptions are billed through Stripe at the price shown at checkout, for the period (monthly or yearly) you choose. By subscribing you authorise us to charge your payment method at each renewal until you cancel.
• What you get. The storage amount, the number of family members and every other limit of your plan are stated at checkout and on your account page. Storage is finite and stated; there is no plan without a limit.
• Trials. A free trial exists only if one is offered on the checkout page, with its length shown there. If nothing is shown, there is no trial. A trial converts to a paid subscription at its end unless you cancel first; we remind you by email before that happens.
• Renewal and cancellation. Subscriptions renew automatically. Cancel at any time from your account page or the billing portal; your access continues to the end of the period you already paid for, and nothing further is charged. Cancelling never affects files on your drive.
• Refunds. We do not refund partial periods after you cancel, unless the law where you live requires it or we withdrew the service during that period. Where a consumer-law cooling-off period applies, it applies as the law says.
• Price changes. We may change a subscription price. We tell you by email before the change applies to you, in time for you to cancel before it does. Continuing past that date means you accept the new price.
• Over the limit. If you exceed your storage or member limit we tell you and give you time to free space, upgrade or export. We do not delete your content to make room.
• Failed payments. If a renewal fails we retry and email you. If it keeps failing, the subscription lapses: you keep read-only access to download and export your content for a reasonable period, and then the export and deletion section applies.

Your content and the licence you give us

You own everything you upload: photos, videos, recordings, captions, tags and labels. We claim no ownership and no right to use your content for anything except running the service for you.

To run the service we need your permission to copy, store, make previews and search entries from, transmit and display your content to you and to the people you explicitly invite, and to send it to the processors named in the privacy policy when you ask us to (for example, a print partner after you approve a proof). You grant us that licence, limited to those purposes, for as long as the content is in your account. It ends when the content is deleted, subject to the retention periods in the privacy policy. We never use your content for advertising or to train machine-learning models.

You are responsible for your content. By uploading it you confirm that you have the right to do so, including where it shows other people or records their voices; that it does not break the law or anyone's rights; and that you have the consent you need from the people in it, especially before sharing it with a family or sending it to print.

Family sharing

A Family subscription creates a private space with one owner, who pays the bill and invites members. Sharing inside it is per album and per person: a member sees only the albums they have been granted, and nothing in any other member's private vault, including the owner's.

• The owner is responsible for the subscription, for who is invited, and for removing members who should no longer have access. The owner is not the owner of other members' content and cannot see it.
• Members keep ownership of what they contribute. Removing a member ends their access immediately; copies they downloaded while they had access cannot be recalled, and the member can take their own contributions with them.
• Roles (owner, organiser, contributor, viewer) are described on the family page. What a role can do is enforced on our servers for every request.
• Minors may be invited only by an adult who has the authority to do so, and that adult is responsible for their use.
• No public links. Content can be shared only with signed-in people you invite.

If the owner cancels, every member keeps access to their own content and can export it; shared albums stop being shared when the subscription ends.

Only Me

In review Only Me is a separate vault designed so that files placed in it are protected on your device with keys we do not hold. It is currently with an independent reviewer and is not offered until that review is complete. Until the review is complete we make no claim about it beyond this paragraph.

When it is offered, these terms apply to it:

• You must keep your recovery phrase. It is shown to you once when you set up the vault. Write it down and keep it somewhere safe. It is never sent to us.
• We cannot recover it. If you lose the recovery phrase and every enrolled device, the files in Only Me cannot be opened by you or by us. That is the design, and you accept it by using the vault.
• Nothing leaves Only Me unless you move it. Only Me files are excluded from previews, search, transcription, family sharing, exports and keepsakes. Moving a file out of Only Me creates a copy with ordinary protection, after you confirm.
• Account recovery does not open Only Me. Resetting your password restores your account, not your Only Me files.

Keepsakes

Keepsakes are printed products (such as a photo book or calendar) made from photos you select. We render the layout and show you a proof. Nothing is ordered, charged or sent anywhere until you approve the proof and confirm the order.

• Proof approval. Check the proof carefully: crops, spelling, dates and page order. Your approval is final for the printed content; we cannot change it once the order is submitted, and errors present in the approved proof are not defects.
• Print partner. Approving and confirming authorises us to send the rendered pages and your shipping details to the print partner named on the order page. The partner prints and ships the product.
• Price, shipping and delivery. Shown before you pay. Delivery estimates come from the partner and are estimates, not guarantees.
• Defects. If a keepsake arrives damaged, misprinted or different from the approved proof, tell us through the support page with photos within a reasonable time of delivery and we arrange a reprint or refund. Because each keepsake is made to order, we do not accept returns for change of mind.
• Image quality. We warn you in the editor when a photo is too low-resolution to print well. If you proceed past the warning, softness in that photo is not a defect.

Acceptable use

Use MemriBank for your own memories and your family's. Do not:

• upload content that is unlawful, that you have no right to, or that depicts abuse of a child;
• try to access anyone else's content, probe or attack the service, or get around limits, permissions or billing;
• use the service to store or distribute malware, or as a general file host for other services;
• harass other family members or use family invitations to spam people;
• resell access, share one account between households, or automate the service in ways that harm it.

We may remove content and suspend accounts that break these rules, and we report child sexual abuse material to the relevant authorities as the law requires.

Backups and data loss

MemriBank is a storage product. It is not a bank, an insurer or a vault of record, and your files are not deposits. We work hard to keep copies intact: uploads are verified against checksums, storage is replicated by our provider, and we run our own backups. Even so, no storage is perfect, and we do not promise that a copy can never be lost.

Keep an independent copy of anything irreplaceable, ideally on your drive and in the Cloud both. Drives wear out and get lost; a cloud is a service that can fail. If we ever lose or corrupt a file you uploaded, we tell you and help you restore it from any other copy you have; our liability for that loss is limited as set out in limitation of liability.

Export, deletion and leaving

You can leave at any time and take everything with you. From your account page you can download any original, export an album or your whole account as a ZIP with a manifest, empty Trash, and delete your account.

Deleting your account revokes every session, cancels subscriptions, and starts the grace period stated in the privacy policy, during which you can change your mind. After it ends your content is purged. Orders and invoices are kept as the law requires. Nothing on your drive is affected by anything you do to your account.

If we withdraw the Cloud service or close MemriBank, we give you notice by email and keep export available for a reasonable period before anything is deleted.

Suspension and termination

You can end this agreement by deleting your account. We can suspend or end your account if you materially breach these terms, if we are required to by law, or if your use puts the service or other customers at risk. Except where the law or the risk prevents it, we tell you first, say why, and give you time to fix the problem or export your content.

Ending the account does not end your ownership of the drive or of the files on it, and the sections of these terms that by their nature should survive (your content, disclaimers, liability, indemnity, disputes) do survive.

Disclaimers

Except for the drive warranty on the returns page and anything we expressly promise in these terms, the service is provided "as is" and "as available". To the extent the law allows, we disclaim implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free, that every device will work with the drive beyond what the compatibility page lists, or that any feature marked concept, beta or in review will ship.

Nothing in these terms limits rights that consumer law gives you and that cannot be excluded.

Limitation of liability

To the extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or the cost of substitute services, arising out of or relating to these terms or the service, however caused.

To the extent the law allows, our total liability to you for all claims relating to the service in any twelve-month period is limited to the amount you paid us in the twelve months before the claim arose.

These limits do not apply to liability that cannot be limited by law, including liability for death or personal injury caused by negligence, for fraud, or under consumer protection statutes that apply to you.

Indemnity

If someone brings a claim against us because of content you uploaded or shared, or because you broke these terms or the law, you agree to cover our reasonable costs and losses from that claim, to the extent the law allows. We tell you promptly about any such claim and cooperate with you in handling it.

Governing law and venue

These terms are governed by the law of the place where the business is registered; the jurisdiction is named here once legal counsel completes their review. The courts with jurisdiction are named here at the same time.

If you are a consumer, you keep the protection of the mandatory laws of the country where you live and may bring a claim in your local courts where those laws allow it.

Resolving disputes

Talk to us first. Write to the support page with what went wrong and what would put it right; most problems are fixed within a few days. If we cannot resolve it together within sixty days of your first message, either of us may take the next step.

The formal dispute process (whether disputes go to court or to arbitration, and any opt-out you have) is set out here once legal counsel completes their review. Until then, disputes are resolved in the courts named under governing law, and nothing in these terms takes away your right to use small-claims court or to complain to a regulator.

Changes to these terms

We may update these terms as the product changes. When we do, we update the effective date at the top and, for changes that reduce your rights or add obligations, email account holders before the change takes effect. Continuing to use the service after that date means you accept the new terms; if you do not, cancel and export before it. Changes never apply retroactively to an order already placed.

Contact

MemriBank · the support page

Our mailing address is published here once the business registration is complete.

Severability and waiver

If any part of these terms is found unenforceable, that part is limited or removed to the minimum extent needed and the rest stays in force. If we do not enforce a term right away, we can still enforce it later.

Entire agreement

These terms, together with the privacy policy, the shipping and returns pages and the details shown to you at checkout, are the whole agreement between you and us about MemriBank. They replace any earlier terms. You may not transfer this agreement to anyone else; we may transfer it to a successor that takes over the service, and we tell you if that happens.