21.01.2025

Welcome to Memorience (“we,” “us,” or “our”). We provide a service (“Service”) that transforms user-submitted photographs into short animated videos using existing artificial intelligence (“AI”) tools and applications provided by us or our third-party partners. By using our Service, you (“User,” “you,” or “your”) agree to the following Terms of Use (“Terms”). If you do not agree, do not use our Service.

1. Scope of Service

1.1 Nature of the Service

• You upload photos to us through channels we designate (e.g., email, file upload links).

• We utilize different AI applications and tools, at our discretion, to transform these photos into short animated videos.

• We then share the resulting videos with you through a method we determine (e.g., direct download link, email, private sharing portal).

1.2 Third-Party Providers

• We reserve the right to choose and change AI and other third-party providers to fulfill our Service without prior notice to you. These providers will have access to your uploaded photos as necessary for completing the animation process.

1.3 No Dedicated User Platform

• Our Service does not include a dedicated, ongoing user platform. You submit your photos as instructed, we process them, and then return the final video to you.

2. Eligibility & User Responsibilities

2.1 Eligibility

• By using our Service, you represent that you are at least the age of majority in your jurisdiction and legally capable of entering into these Terms.

2.2 User Content & Compliance

• You agree you have all necessary rights and permissions to upload photos, including rights to any identifiable individuals in those images.

• You will not upload photos that violate any applicable laws or infringe upon third-party rights, including copyright, privacy, or publicity rights.

• You will not upload content that is offensive, abusive, defamatory, or otherwise objectionable.

2.3 No Unauthorized Use

• You may not use the Service in any way that could damage, disable, or impair our operations or interfere with any other party’s use of the Service.

3. Prices & Payment

3.1 Pricing

• The cost per photo is as stated in our Pricing Section and may vary. We reserve the right to update or modify our pricing at any time.

3.2 Payment Method

• All payments are processed through third-party payment platforms of our choosing. By completing a transaction, you authorize our chosen payment processor to charge your method of payment.

3.3 Additional Charges

• Taxes and fees may apply depending on your location and will be added where required by law.

4. Refund Policy

4.1 Inability to Fulfill

• If we are unable to fulfill the Service (e.g., due to a technical failure not resolved by re-processing), you may request a refund in writing. We will attempt to rectify the issue first; if still unsatisfactory, we will issue a refund at our sole discretion.

4.2 User Satisfaction

• We aim for high-quality results, but due to the artistic and technical nature of the service, we do not guarantee specific outcomes. Dissatisfaction alone may not qualify for a refund unless it pertains to our inability to deliver any usable version of the Service.

5. Intellectual Property & License

5.1 User Ownership

• You retain ownership of the original photos you upload.

5.2 Limited License to Us

• By submitting your photos, you grant us and our chosen third-party providers a non-exclusive, worldwide license to use, process, modify, adapt, and create derivative works (animated videos) from your photos for the sole purpose of providing the Service.

5.3 Marketing & Public Display

• We will not use your photos or resulting videos for marketing or public display without your explicit written consent.

6. Privacy & Data Protection

6.1 Use of Third-Party Tools

• You acknowledge and agree that third-party AI or processing services will have access to the photos for the limited purpose of creating the videos. We make reasonable efforts to work with reputable providers that follow appropriate data security measures.

6.2 Data Storage & Deletion

• We may store your photos and resulting videos for a limited time to fulfill the Service or to troubleshoot technical issues. If you wish your photos deleted, please write to us at support@memorience.com, and we will permanently delete them from our active systems, barring any legal obligations to retain such data.

6.3 Privacy Policy

• For more details on how we collect, use, and safeguard your personal information, please see our Privacy Policy, which is on our website.

7. Disclaimers

7.1 Service “As Is”

• We provide our Service on an “as is” and “as available” basis. We do not guarantee that our Service will be uninterrupted, error-free, or free from harmful components.

7.2 No Warranties

• We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. The AI tools used can sometimes yield unpredictable or imperfect results.

8. Limitation of Liability

8.1 Cap on Liability

• To the maximum extent permitted by law, our total liability arising out of or relating to these Terms does not exceed the amounts you have paid us for the Service in the past three (3) months.

8.2 No Consequential Damages

• We are not liable for indirect, incidental, special, or consequential damages, including lost profits or loss of data, even if advised of the possibility of such damages.

9. Indemnification

• You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, losses, or expenses (including attorneys’ fees) arising out of or related to your violation of these Terms or any third-party’s rights related to the photos you upload.

10. Termination

10.1 Termination by Us

• We may terminate or suspend your access to our Service if we believe you have breached these Terms or engaged in unlawful conduct.

10.2 Survival

• Provisions concerning ownership, licenses, limitation of liability, and indemnification survive termination of these Terms.

11. Changes to These Terms

• We may update or modify these Terms at any time. Your continued use of our Service after any modifications indicate your acceptance of the updated Terms.

Contact Us

If you have any questions or concerns about these Terms, please reach out to us at:
support@memorience.com