Terms & Conditions
Effective Date: February 13, 2025
Introduction
Welcome to MemoMate! We are an innovative platform that uses artificial intelligence (AI) to conduct engaging interviews with older adults and deliver satisfaction surveys. Our Services are available through AI-powered phone calls, our website, and our mobile applications (collectively, the “Services”). MemoMate helps you create personal memoirs, biographies, and written legacies, and—when explicitly authorized—provides general care recommendations. By accessing or using our Services, you agree to these Terms & Conditions (“Terms”). If you do not agree with these Terms, please do not use our Services.
Definitions
For the purposes of these Terms, the following definitions apply:
“End-User”: An individual who participates in MemoMate interviews to capture personal stories, memoirs, or legacy content.
“Family/Caregiver”: A family member or caregiver who may be granted access to view an End-User’s content only when the End-User explicitly shares a secure link or uses the platform’s designated sharing feature.
“Partner/API User”: A business, developer, or third party that accesses our APIs or integration services.
“Content”: Any text, images, audio, video, or other materials that you submit, upload, or otherwise transmit through our Services.
“Sensitive Health Data”: Personal health information such as detailed medical histories or diagnoses. MemoMate will never request such information.
“AI Conversations”: Interactions conducted via phone or other channels where you are informed at the outset—and periodically during the conversation—that you are speaking with an AI.
Eligibility
By using MemoMate, you represent that you are at least 13 years old (or the minimum age required by your jurisdiction). If you are under the applicable age, please do not use our Services. If you are a minor, you affirm that you have obtained permission from your parent or guardian to use our Services and agree to these Terms.
Description of Services
MemoMate offers:
AI-Powered Interviews:
End-Users engage in conversations conducted either via AI-driven phone calls or directly through our digital platforms. At the beginning of each conversation, you will be clearly informed that you are speaking with an AI.
Satisfaction Surveys:
We facilitate the delivery of satisfaction surveys and feedback collection to help improve our Services and provide valuable insights.
Care Recommendations:
When explicitly authorized by the End-User, our platform may offer general care recommendations based on the information provided. These recommendations are strictly informational and are not a substitute for professional advice.
User Groups and Access
End-Users:
You own all the Content you submit to MemoMate. You control the privacy settings for your Content and determine who may access it.Family/Caregiver Access:
Family members or caregivers can only review an End-User’s stories if the End-User explicitly grants access—either via a secure sharing link or through the platform’s designated sharing feature. Without explicit permission, no family member or caregiver may view an End-User’s Content.Partner/API Users:
Partners, including developers and business entities, must comply with separate guidelines provided during API registration and are subject to additional technical and usage requirements.
Account Registration, Information, and Security
Registration:
To access full features of MemoMate, you must create an account by providing your name, email address, and phone number. You agree to provide accurate, current, and complete information and to update it as necessary.Security:
You are responsible for maintaining the confidentiality of your account credentials. All activities that occur under your account are your responsibility. Please notify us immediately of any unauthorized use.
Data Storage, Localization, and Retention
Local Data Storage:
All personal information and Content you provide is stored locally in the country where you reside, in compliance with applicable data protection laws.Inactivity and Data Retention:
An account is considered inactive if there is no login or interaction with the Services for a continuous period of 24 months. When an account approaches this period of inactivity, we will send a notification email with instructions on how to reactivate your account or export your data. If an account remains inactive beyond 24 months, all associated data will be permanently deleted from our systems.
Content, Monitoring, and Intellectual Property
Content Ownership and License:
You retain all intellectual property rights in the Content you submit. However, by using our Services, you grant MemoMate a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, reproduce, modify, display, and distribute your Content solely for operating and improving the Services.
Monitoring and Removal:
While we do not routinely review all Content, we may monitor a subset of Content (for example, for customer support or quality assurance purposes). If we determine, in good faith, that any Content is illegal or violates our policies, we reserve the right to remove or restrict access to such Content without prior notice. You are responsible for maintaining backup copies of your Content.
Intellectual Property Rights:
All intellectual property rights in the Services, including design, software, logos, and trademarks, are owned by MemoMate or our licensors. You are not granted any rights to such intellectual property except as explicitly provided herein.
Handling of Sensitive Health Data
No Collection of Sensitive Health Data:
MemoMate will never ask for sensitive health data such as detailed medical histories or diagnosis information.HIPAA Compliance:
In cases where incidental health-related information is provided (for example, via mood assessments or general care recommendations), MemoMate is fully HIPAA compliant. Such health-related feedback is used strictly for informational purposes and is not a substitute for professional medical advice. Always consult a qualified healthcare professional for any health-related decisions.
Privacy and Data Security
Your privacy is of utmost importance. Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your personal information. By using our Services, you consent to the practices described in our Privacy Policy and acknowledge that we take commercially reasonable measures to safeguard your data.
DMCA and Copyright Infringement Procedures
MemoMate respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been posted on our platform without your permission, please send a written notification to our designated Copyright Agent including:
A description of the copyrighted work.
Identification of the allegedly infringing material and its location on the platform.
A statement of your good faith belief that the use of the material is unauthorized.
Your contact information and a physical or electronic signature.
Upon receiving a valid notification, we will review the claim and, if appropriate, remove or disable access to the infringing Content. If you believe your Content was removed in error, you may file a counter-notice as described in our DMCA policy.
Feedback
If you submit any suggestions, ideas, comments, or other feedback (“Feedback”) regarding MemoMate or our Services, you agree that such Feedback is non-confidential and becomes the exclusive property of MemoMate. You hereby assign all rights, title, and interest in any Feedback to MemoMate. We are free to use, reproduce, modify, and incorporate any Feedback into our Services for any purpose without any obligation to compensate you.
Disclaimers and Limitation of Liability
Services “As Is”:
The Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.Limitation of Liability:
In no event shall MemoMate be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Services. Our total liability, whether in contract, tort, or otherwise, shall not exceed the amount you have paid us in the 12 months preceding the claim.Care Recommendations Disclaimer:
Any care recommendations provided are strictly informational and are not intended as a substitute for professional medical or legal advice.
Indemnification
You agree to indemnify, defend, and hold harmless MemoMate, its affiliates, officers, agents, and employees from any claims, damages, liabilities, or expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or infringement of any rights of a third party.
Changes to These Terms
MemoMate reserves the right to modify these Terms at any time. We will notify you of any material changes via email or in-app notification, and the updated Terms will be posted on our website. Your continued use of the Services after the updated Terms have been posted constitutes your acceptance of the new Terms. If you do not agree to the modifications, please discontinue using the Services.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved on an individual basis through binding arbitration, except where prohibited by law. Class actions are waived.
Contact Information
If you have any questions about these Terms or require further information, please contact us at:
Email: info@MemoMate.app
