Terms of Service

1. Acceptance of Terms

By accessing or using the Memory Banx mobile application, website, or any associated services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

2. Description of Service

Memory Banx is a memory preservation platform that allows users to:

• Create and share photo albums, spaces, and events.
• Build digital memorials for loved ones.
• Store documents and media in personal archives and vaults.
• Order physical print products (photo prints, canvas, cards, keepsakes).
• Share content via QR codes and links.

3. Account Registration

• You must be at least 13 years old to create an account.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must provide accurate and complete registration information.
• One person or entity may not maintain more than one account.

4. User Content

4.1 Ownership

You retain full ownership of all content you upload to Memory Banx, including photos, videos, documents, stories, and other media ("User Content"). We do not claim ownership of your content.

4.2 License Grant

By uploading content, you grant Memory Banx a limited, non-exclusive, royalty-free license to use, store, display, and distribute your content solely for the purpose of operating and providing the Service. This license ends when you delete the content or your account.

4.3 Content Responsibilities

You represent that you have the right to upload and share any content you provide, and that your content does not violate any third party's rights or any applicable law. You are solely responsible for your User Content.

4.4 Memorial Content

Memorial pages may contain content about deceased individuals. If you create a memorial, you represent that you have a good-faith connection to the memorialized individual and that the content is respectful and accurate.

5. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose.
• Upload content that is abusive, harassing, defamatory, obscene, or violates another person's privacy.
• Upload content that infringes any copyright, trademark, or other intellectual property right.
• Impersonate any person or entity.
• Attempt to gain unauthorized access to any part of the Service.
• Use automated means (bots, scrapers) to access the Service without our express permission.
• Use the Service to distribute spam or unsolicited messages.
• Upload malware, viruses, or any harmful code.

6. Print Products and Purchases

6.1 Orders

When you place an order for physical products through our store, you agree to pay the listed price plus any applicable shipping and taxes. All sales are final once the product has entered production.

6.2 Fulfillment

Physical products are manufactured and shipped by third-party fulfillment partners (Gelato, Prodigi). Shipping times and product quality are subject to our partners' capabilities. We will work with you to resolve any quality issues.

6.3 Refunds

If a product arrives damaged or with a manufacturing defect, contact us within 14 days of delivery for a replacement or refund.

7. Partner Services (B2B)

Funeral homes and other organizations ("Partners") may use Memory Banx to provide services to their clients. Partners agree to additional terms in their partner agreement, including:

• Responsibility for content uploaded on behalf of families.
• Compliance with applicable privacy laws regarding client data.
• Payment of subscription fees as agreed.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Intellectual Property

The Service, including its design, features, and original content (excluding User Content), is owned by Memory Banx and protected by copyright, trademark, and other laws. The Memory Banx name, logo, and brand elements are our trademarks.

10. Termination

• You may delete your account at any time through the app settings.
• We may suspend or terminate your account if you violate these Terms.
• Upon termination, your right to use the Service ceases immediately. We will delete your data in accordance with our Data Retention Policy.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

We are not responsible for the loss or corruption of any User Content, although we use commercially reasonable measures to protect it.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMORY BANX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Memory Banx from any claims, damages, or expenses arising from your use of the Service, your User Content, or your violation of these Terms.

14. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with our Arbitration Clause, except for claims that qualify for small claims court.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes through the app or by email. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

16. General

• These Terms constitute the entire agreement between you and Memory Banx.
• Our failure to enforce any provision does not waive our right to do so later.
• If any provision is found unenforceable, the remaining provisions remain in effect.
• These Terms are governed by the laws of the State of Georgia, United States.

17. Contact

Questions about these Terms? Contact us at support@memorybanx.io.