Terms of Service

1. Acceptance of Terms

Welcome to MemoryForge, LLC ("MemoryForge," "we," "our," or "us"). By accessing or using our mobile applications, websites, or consulting services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

2. Description of Services

2.1 Consumer Apps

MemoryForge develops and operates consumer mobile applications designed for memory preservation, organization, and lifestyle management. Our apps may include features such as:

• Data storage and synchronization
• Photo and document management
• Journaling and note-taking
• Location-based features
• Social sharing capabilities

2.2 AI Consulting Services

We provide AI workflow consulting services to businesses, including persona-based workflow design, system integration, and implementation support.

3. Account Registration and Security

3.1 Account Creation

To use certain features of our Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Account Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction) to create an account. If you are under 18, you represent that you have your parent or guardian's permission to use the Services.

3.3 Account Termination

You may terminate your account at any time by contacting us at contact@memoryforge.app. We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

4. Acceptable Use Policy

You agree NOT to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Infringe upon intellectual property rights of others
• Upload or transmit viruses, malware, or other malicious code
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Collect or harvest information about other users
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any systems
• Use automated systems (bots, scrapers) without permission
• Engage in any commercial use without our consent
• Upload illegal, offensive, or inappropriate content
• Circumvent any security or access control measures

5. User Content

5.1 Your Content

You retain all rights to the content you create, upload, or share through our Services ("User Content"). By using our Services, you grant MemoryForge a non-exclusive, worldwide, royalty-free license to use, store, reproduce, and display your User Content solely to provide and improve the Services.

5.2 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to all User Content
• Your User Content does not violate any laws or third-party rights
• Your User Content does not contain harmful, offensive, or illegal material

5.3 Content Moderation

We reserve the right (but have no obligation) to review, monitor, or remove User Content that violates these Terms or is otherwise objectionable, at our sole discretion.

5.4 Backup and Data Loss

While we implement measures to protect your data, you are responsible for maintaining your own backups of important User Content. We are not liable for any data loss or corruption.

6. Intellectual Property

6.1 MemoryForge Property

All aspects of the Services, including but not limited to software, design, text, graphics, logos, and trademarks, are owned by MemoryForge or our licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes, subject to these Terms.

6.3 Prohibited Uses

You may not:

• Copy, modify, or create derivative works of the Services
• Reverse engineer or attempt to extract source code
• Remove or modify any proprietary notices
• Use our trademarks or branding without permission

7. Payments and Subscriptions

7.1 Pricing

Certain features of our Services may require payment. All prices are in USD unless otherwise stated. We reserve the right to change pricing with 30 days' notice to active subscribers.

7.2 App Subscriptions

Subscriptions purchased through the Apple App Store or Google Play Store are governed by those platforms' terms and conditions. Billing and refunds are handled by the respective app store.

7.3 Consulting Services

Consulting services are billed according to the agreed-upon scope of work. Payment terms will be specified in individual service agreements.

7.4 Refunds

For app subscriptions, refund policies are determined by the app store. For consulting services, refunds are addressed on a case-by-case basis as specified in service agreements.

7.5 Cancellation

You may cancel subscriptions at any time through your app store account settings. Cancellation takes effect at the end of the current billing period.

8. Disclaimers and Warranties

8.1 "As Is" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

8.2 No Guarantees

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any errors or defects will be corrected
• The Services will meet your specific requirements

8.3 Third-Party Services

Our Services may integrate with third-party services. We are not responsible for the availability, accuracy, or content of third-party services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMORYFORGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL MEMORYFORGE'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) $100 USD.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless MemoryForge, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights
• Any act or omission by you that causes harm

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law principles.

11.2 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at contact@memoryforge.app. We will attempt to resolve the dispute informally within 60 days.

11.3 Arbitration

If informal resolution fails, any dispute arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as modified by these Terms.

11.4 Class Action Waiver

You agree to resolve disputes with us only on an individual basis, and you waive any right to participate in class actions or class-wide arbitration.

11.5 Exceptions

Either party may seek injunctive or other equitable relief in court for intellectual property infringement or unauthorized access to the Services.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice, at our sole discretion. Upon termination:

• Your right to access and use the Services immediately ceases
• We may delete your User Content after 30 days (export your data before termination)
• Provisions that by their nature should survive termination will remain in effect

13. Changes to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

14. Privacy

Your use of the Services is also governed by our Privacy Policy, available at memoryforge.app/privacy.html. By using the Services, you consent to our collection and use of your information as described in the Privacy Policy.

15. International Users

The Services are controlled and operated from the United States. If you access the Services from outside the United States, you are responsible for compliance with local laws. By using the Services, you consent to the transfer of your information to the United States.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MemoryForge regarding the Services.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign or transfer these Terms without restriction.

16.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.

17. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

18. Apple App Store Requirements

For apps distributed through the Apple App Store, the following additional terms apply:

• These Terms are between you and MemoryForge, not Apple
• Apple has no obligation to provide support services for the app
• In the event of any failure of the app to conform to warranty, you may notify Apple for a refund; Apple has no other warranty obligation
• Apple is not responsible for addressing any claims relating to the app
• Apple is a third-party beneficiary of these Terms and may enforce them