Terms of Service
The rules, in plain words.
These terms are the agreement between you and Memorafy for the desktop apps, memorafy.com, Memorafy accounts and Pro. They are short on purpose, so please read them.
About these terms
These terms are an agreement between you and Memorafy. They cover the Memorafy desktop apps, memorafy.com, Memorafy accounts and Memorafy Pro. By downloading, installing or using Memorafy, or by creating an account, you agree to them and to our Privacy Policy.
If you use Memorafy for an organisation, you agree on its behalf and confirm that you are allowed to. You must be at least 16 to create an account.
Your licence
We give you a personal, non-exclusive, non-transferable licence to install and use Memorafy on computers you own or control, for personal or work use, as long as you follow these terms. Memorafy’s software, design and brand belong to us, and this licence gives you no other rights in them.
You may not sell, rent or redistribute Memorafy, copy it except as needed to use it, reverse engineer it except where the law allows, remove its notices, or work around plan limits, licence checks or security features.
Versions up to and including 1.0.1 were published under the MIT licence, and that licence still applies to those versions.
Your content
What you copy, write and save in Memorafy is yours, and we claim no rights in it. To provide sync, you allow us to store your encrypted content and pass it between your devices.
You are responsible for your content and for having the right to use it. Synced content is encrypted with a key that only your devices hold, so we cannot recover it if you lose access to your devices and your password. Keep your own copies of anything important.
Your account
Keep your password safe and your email address current, and tell us at support@memorafy.com straight away if you think someone else has used your account. You are responsible for what happens on your account. We recommend turning on two-step verification.
Acceptable use
Do not use Memorafy to break the law, infringe anyone’s rights, spread malware or harass others. Do not try to reach accounts or data that are not yours, test our systems for weaknesses without our permission, overload or disrupt our services, or create accounts by automated means.
If you find a security issue, please report it to support@memorafy.com.
Basic and Pro
Basic is free and includes every Memorafy tool, within the limits shown on our pricing page. Pro raises those limits and adds more features. The features, limits and price that apply are shown before you buy.
You can try Pro free for 7 days, once per account. The trial needs no payment details and never turns into a paid subscription on its own.
Pro codes and gifts
We may give Pro for a set time, or for good, through a code or directly on your account. A code adds Pro to the account that redeems it and cannot be moved to another account afterwards. Codes have no cash value, cannot be exchanged for money or credit, and may have a date by which they must be redeemed.
Pro time from a code is added after any gift or trial already running. A paid subscription already includes Pro, so a code cannot be redeemed while one is active; keep it for later. Each campaign code can be used once per account and per email address.
We may cancel a code, or end the Pro it gave, if it was obtained or used by mistake, by fraud or against these terms. When gifted Pro ends, your account returns to Basic as described under When Pro ends.
Payment, renewal and cancellation
Our order process is conducted by our online reseller Paddle.com. Paddle is the merchant of record for all Memorafy orders and handles payment, invoices and sales tax. Paddle’s buyer terms also apply to your purchase: https://www.paddle.com/legal/checkout-buyer-terms.
Pro renews automatically at the end of each billing period until you cancel. You can cancel at any time in your account portal. Cancelling stops the next renewal, and you keep Pro until the end of the period you have paid for.
If the price of Pro changes, we will tell you at least 30 days before it applies to your next renewal, so you can cancel first if you prefer.
Refunds
Refunds are covered by the Memorafy Refund Policy. It adds to your consumer rights and never replaces them.
When Pro ends
If Pro ends, your account returns to Basic. We never delete your content because of it. Anything above a Basic limit stays on your computer and readable, but may stop syncing or become read-only until you are back within the limit or restore Pro.
Changes and availability
We improve Memorafy continually and may add, change or remove features. We will not make a material change to what you have paid for during a paid period without telling you first.
Our online services may sometimes be unavailable, for example during maintenance. Memorafy keeps working on your computer without a connection, but we do not promise that the online services will always be available or free of errors.
Other companies’ services
Parts of Memorafy rely on other companies, such as Paddle for payments and Microsoft for the Microsoft Store edition. Their own terms apply to their services, and we are not responsible for them.
Ending the agreement
You can stop using Memorafy at any time and delete your account from your account portal.
We may suspend or close an account that seriously or repeatedly breaks these terms, or when the law requires us to. Where we reasonably can, we will tell you first and explain why.
If we ever stop providing Memorafy’s online services, we will give you reasonable notice and refund any prepaid Pro time you have not used. The desktop app will keep working on your computer.
Warranties
We provide Memorafy with reasonable care, but otherwise “as is” and “as available”. To the extent the law allows, we make no other promises about it, including implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Nothing in these terms limits the rights you have as a consumer that cannot be limited by agreement.
Limitation of liability
To the extent the law allows, Memorafy is not liable for indirect, incidental, special or consequential losses, or for lost data, profits or business. Our total liability for any claim about Memorafy is limited to the amount you paid us in the 12 months before the claim, or USD 50 if you paid nothing.
These limits do not apply where the law does not allow them, such as liability for death or personal injury caused by negligence, or for fraud.
Governing law and disputes
If you have a problem, please email support@memorafy.com first. Most things can be put right quickly.
These terms are governed by the laws of the country where Memorafy is established. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you can bring a claim in the courts there.
Changes to these terms
We may update these terms. If a change is significant, we will tell you in the app or by email at least 30 days before it takes effect. If you keep using Memorafy after that, the new terms apply. If you do not agree, you can stop using Memorafy and cancel Pro.
General
These terms, our Privacy Policy and our Refund Policy are the whole agreement between you and Memorafy about Memorafy. If a court finds part of them unenforceable, the rest still applies. If we do not enforce a term straight away, we can still enforce it later. You may not transfer this agreement. We may transfer it to a company that takes over Memorafy, without reducing your rights.