Operator: Memory Leaf LLC, a Florida Limited Liability Company | Contact: legal@memoryleaf.com
/legal/terms
⚠ IMPORTANT — PLEASE READ
THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER IN SECTION 18.
1. Acceptance of Terms
These Terms of Use ("Terms") form a binding legal agreement between you and Memory Leaf LLC, a Florida Limited Liability Company ("Memory Leaf," "we," "us," "our"), governing your access to and use of the Memory Leaf mobile application and website (the "Platform"). By creating an account or using the Platform, you agree to be bound by these Terms and our Privacy Policy.
2. Eligibility & Accounts
You must be at least [13] years old to create an account. By registering, you represent that all information provided is accurate and that you will maintain the security of your login credentials. You are responsible for all activity that occurs under your account.
3. Description of Service
Memory Leaf is a private, invitation-based family platform enabling users to share photos, videos, written memories, voice recordings, family tree structures, scheduled "Time Capsule" posts, and dedicated memorial profiles with designated family and group members. Memory Leaf is not a public social network and does not display third-party advertising.
4. Subscriptions, Billing & Storage Tiers
Memory Leaf offers the following subscription tiers, each with associated features and storage allowances: Seedling (Free), Branch ($7.99/month), Tree ($15.98/month), and Forest ($31.98/month). Additional 1 TB storage expansions are available for $4.00/month per unit on any plan.
Paid subscriptions are billed in advance on a recurring monthly basis via our payment processor, [Stripe].
Subscriptions automatically renew unless cancelled prior to the next billing date.
Fees are non-refundable except where required by applicable law or explicitly stated at time of purchase.
Free "Seedling" accounts inactive for 24 consecutive months are subject to deletion as described in our Account & Data Deletion Policy.
5. User Content & License Grant
You retain all ownership rights to the photos, videos, text, audio, and other content you upload ("User Content"). By uploading User Content, you grant Memory Leaf a limited, non-exclusive, royalty-free, worldwide license to host, store, back up, transmit, and display your User Content solely for the purpose of operating and providing the Platform to the family/group members you designate.
🌿 We will never use your content to train AI models or sell it to advertisers.
6. Acceptable Use & Prohibited Conduct
You agree not to use the Platform to upload unlawful, harassing, defamatory, obscene, or infringing content, impersonate another person, harvest data of other users, or attempt to disrupt or reverse-engineer the Platform. Full behavioral standards are detailed in our Community Guidelines.
7. Memorial Profiles
Users may create memorial profiles to honor deceased family members or pets. Only an authorized family administrator may create, edit, or manage a memorial profile. Memory Leaf reserves the right to request verification of the administrator's relationship to the deceased individual.
8. Time Capsule Feature
The Time Capsule feature allows scheduling of content for future delivery. You acknowledge that scheduled delivery dates are estimates dependent on the continued operation of your account and subscription status, and Memory Leaf is not liable for delivery delays caused by factors outside its reasonable control.
9. Intellectual Property
The Memory Leaf name, logo, app design, and underlying software are the exclusive property of Memory Leaf LLC and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or create derivative works based on the Platform without our prior written consent.
10. Third-Party Services
Memory Leaf integrates with third-party services including [Stripe] for payment processing and [HubSpot] for customer relationship management. Your use of these integrated services may be subject to their respective terms.
11. Suspension & Termination
We may suspend or terminate your access to the Platform if you violate these Terms, our Community Guidelines, or applicable law. You may terminate your account at any time through the Account & Data Deletion flow in the app.
12. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEMORY LEAF DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PLATFORM.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMORY LEAF LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO MEMORY LEAF IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
14. Indemnification
You agree to indemnify and hold harmless Memory Leaf LLC, its officers, employees, and agents from any claims, damages, or expenses arising from your violation of these Terms or misuse of the Platform.
15. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles, except as modified by the arbitration provisions in Section 18.
16. Modifications to Terms
We may update these Terms periodically. Material changes will be communicated via in-app notice or email. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
17. App Store Terms
If you downloaded the app from the Apple App Store or Google Play Store, your use is also subject to the applicable platform's terms of service. See our End-User License Agreement for details specific to Apple App Store distribution.
18. Arbitration, Class Action Waiver & Jury Trial Waiver
⚠ PLEASE READ CAREFULLY — THIS AFFECTS YOUR LEGAL RIGHTS
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved exclusively through binding individual arbitration administered by [American Arbitration Association], rather than in court, except that either party may bring an individual claim in small claims court.
Class Action Waiver: You and Memory Leaf agree that any arbitration or proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action.
Jury Trial Waiver: You and Memory Leaf each waive any constitutional and statutory right to sue in court and have a trial in front of a judge or jury.
19. General Provisions
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and Memory Leaf regarding the Platform.
