Terms of Service

AGREEMENT TO THESE TERMS

These Terms of Service (the “Terms”) are a legally binding agreement between you and Olexandr Khodarev, doing business as MyMemora (“MyMemora”, “we”, “us”, “our”), Odesa 65000, Ukraine. They govern your access to and use of the MyMemora website at https://mymemora.net, the MyMemora mobile and desktop apps and all related services (together, the “Services”).

By creating an account, you confirm that you have read and accept these Terms. If you do not accept them, you may not create an account or use the Services. If you only open content through a shared link, the rules in section 8 still apply to your use of that content.

Our Privacy Policy explains how we process personal data and forms part of the information you receive when you use the Services. You can contact us at support@mymemora.net.

Nothing in these Terms limits the rights you have as a consumer under the mandatory laws of your country of residence.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. YOUR ACCOUNT
  3. YOUR CONTENT
  4. FAMILY ARCHIVES, PARTNER ACCESS AND SHARED LINKS
  5. SMART FEATURES AND AI
  6. STORAGE, PLANS AND PAYMENTS
  7. OUR INTELLECTUAL PROPERTY
  8. ACCEPTABLE USE
  9. REPORTING ILLEGAL CONTENT AND CONTENT MODERATION
  10. APP STORES AND THIRD-PARTY SERVICES
  11. SUSPENSION, TERMINATION AND ACCOUNT DELETION
  12. CHANGES TO THE SERVICES AND TO THESE TERMS
  13. AVAILABILITY AND BACKUPS
  14. DISCLAIMER
  15. LIMITATION OF LIABILITY
  16. YOUR RESPONSIBILITY
  17. GOVERNING LAW AND DISPUTES
  18. GENERAL PROVISIONS
  19. CONTACT US

1. OUR SERVICES

MyMemora is a private photo and video storage service for individuals and families. The Services let you upload, store, organise, view and download photos and videos; create personal albums and shared family archives; relive moments with automatically generated “Memories”; share selected albums, files or memories via private links; and use optional smart features such as search by content, grouping photos by people, finding duplicates and cleaning up unsuccessful shots.

The Services are intended for personal, family and other non-commercial use.

2. YOUR ACCOUNT

  • Age. You must be at least 18 years old to create an account.
  • Accurate information. You must provide accurate information, including a valid email address that you control, and keep it up to date.
  • Security. You are responsible for keeping your password and devices secure and for all activity in your account. Tell us immediately at support@mymemora.net if you suspect unauthorised access.
  • Personal account. Each account is for one person. You may not share your account, sell it or transfer it to someone else.
  • Sign in with Apple or Google. If you sign in through Apple or Google, you must also comply with that provider’s terms.

3. YOUR CONTENT

You own your content. “Your content” means the photos, videos, audio, text and other material you upload or create in the Services. You keep all ownership and intellectual property rights in your content. We do not claim any ownership of it.

Permission you give us. So that we can provide the Services, you give us a non-exclusive, worldwide, royalty-free permission to host, store, back up, copy, encrypt, convert (for example, create thumbnails and streaming versions), analyse (for the features described in section 5) and display your content, and to make it available to the people you choose to share it with. We use this permission only to operate, secure and improve the Services for you, never for advertising, never to train AI models and never to publish your content ourselves. The permission ends when your content is deleted from the Services, except for content you have shared with others (for example, in a family archive) and for copies in backups until they are overwritten, as described in our Privacy Policy.

Your responsibilities. You confirm that:

  • you own your content or have all rights and permissions needed to upload, store and share it through the Services;
  • your content and its use do not infringe anyone’s rights, including copyright, privacy and personality rights, and do not break the law;
  • where your content shows other people, you have the right to store and share it, and you respect their privacy, especially when sharing content with others or enabling face grouping.

Keep your own copies. We work hard to keep your content safe, but no storage service can guarantee that data will never be lost. We strongly recommend keeping your own copies of photos and videos that are important to you. You can download your content, including your whole archive, at any time.

4. FAMILY ARCHIVES, PARTNER ACCESS AND SHARED LINKS

Family archives. A family archive is a shared space managed by its owner and administrators. Members can view, add, edit, share or delete content and manage the family according to the roles and permissions assigned in that family. By adding content to a family archive, you allow the family’s members to access and use it according to those permissions. Content you add to a family archive uses the family’s storage and remains in the archive if you leave the family or delete your account, unless it is deleted before then by you (where your permissions allow) or by an authorised family member. The family owner is responsible for the family, its members and its settings. Disagreements between family members are their own responsibility, although you can report violations of these Terms to us.

Partner access. You can give another user read-only access to your personal library and revoke it at any time. You are responsible for choosing whom you give access to.

Shared links. Anyone who has a link you create can view the shared content, and download it if you allow downloads, until you revoke the link or it expires. People who receive a link may copy or forward the content, and we cannot control what they do with it. You are responsible for the content you share and for whom you share it with. Shared links are for private sharing with people you choose; they may not be used to publicly distribute content, as a file-hosting or content-delivery service, or to share content you do not have the right to share.

5. SMART FEATURES AND AI

The Services include optional features based on machine learning, such as search by content, automatic tags and categories, Memories, duplicate detection, cleanup suggestions, translation and, with your explicit consent, grouping photos by people. These features run on our own servers; your content is not sent to third-party AI providers and is not used to train AI models. Details are in our Privacy Policy.

Results produced by these features are generated automatically and may be incomplete or inaccurate. Please review suggestions before acting on them, for example before emptying the trash after a cleanup. You can turn AI features off at any time in your settings; family archives have a separate setting.

6. STORAGE, PLANS AND PAYMENTS

Storage limits. Each account and each family archive has a storage limit shown in the Services. When the limit is reached, you will not be able to upload new content until you free up space or, where available, choose a larger plan.

Paid plans. We may offer paid plans with additional storage or features. The price, billing period and included storage are shown before you buy. Paid plans are sold through the Apple App Store, Google Play or our payment provider, which process the payment and whose terms also apply to the purchase. Subscriptions renew automatically at the end of each billing period until you cancel them through the store or payment provider where you bought them. Cancellation takes effect at the end of the current billing period.

Right of withdrawal and refunds. If you are a consumer in the EU or the UK, you may have a statutory right to withdraw from a purchase within 14 days. Refunds are handled according to the rules of the store or payment provider you used and applicable law.

Price changes. We will notify you of any price change for your subscription in advance. If you do not agree, you can cancel before the new price applies.

When a paid plan ends. If your paid plan ends and your content exceeds the storage limit of your remaining plan, we will notify you and give you at least 30 days to download your content, delete content or renew your plan. During this period you will not be able to upload new content. If the content still exceeds the limit after this period, we may delete content that exceeds the limit, starting with the most recently uploaded files, after reminding you before the deletion.

7. OUR INTELLECTUAL PROPERTY

The Services, including the software, design, text, graphics, logos and the MyMemora name (but excluding your content), are owned by us or our licensors and are protected by intellectual property laws. Subject to these Terms, we give you a personal, non-exclusive, non-transferable, revocable licence to use the Services for their intended purpose. Open-source components included in the Services are subject to their own licences.

Feedback. If you send us ideas or suggestions about the Services, you allow us to use them without any obligation to you. This does not apply to your content.

8. ACCEPTABLE USE

You may not upload, store or share through the Services any content that:

  • contains child sexual abuse material or sexualises minors in any way;
  • shows sexual or intimate images of another person without their consent;
  • promotes terrorism, violent extremism or serious violence;
  • infringes the intellectual property, privacy or other rights of others;
  • is otherwise illegal under applicable law;
  • contains malware, viruses or any other harmful code.

You also may not:

  • use the Services to harass, threaten, stalk, blackmail or harm anyone, including by sharing content about them;
  • access or try to access other users’ accounts, content or family archives without permission;
  • circumvent, disable or interfere with security features, access controls, storage limits or rate limits;
  • use bots, scrapers or other automated means to access the Services, except the official MyMemora apps and interfaces we provide;
  • overload, disrupt or damage the Services or the infrastructure they run on;
  • use the Services as a public file-hosting service, content-delivery network or for distributing content to the general public;
  • reverse engineer, decompile or copy the Services, except as permitted by applicable law;
  • resell the Services or use them for commercial purposes without our written permission;
  • create accounts by automated means or under false pretences, or impersonate anyone;
  • submit false reports of illegal content or abuse.

9. REPORTING ILLEGAL CONTENT AND CONTENT MODERATION

Private by default. We do not browse or review the content in your archives. Automated processing of your content is used only to provide the features described in these Terms and the Privacy Policy. We may review specific content when it has been reported to us, when it is accessible through a shared link that has been reported, or when we are required to do so by law.

How to report. If you believe that content available through the Services is illegal or violates these Terms, report it to abuse@mymemora.net. Please include: the link to the content (for example, the shared link), an explanation of why you believe it is illegal or violates these Terms, your name and email address (except for reports of child sexual abuse material, which may be anonymous), and a statement that your report is accurate and made in good faith. We will confirm receipt, handle the report in a timely, diligent and objective manner and inform you of our decision.

What we may do. If we find that content is illegal or violates these Terms, we may, in proportion to the seriousness of the violation: disable shared links, block access to the content, prevent the same content from being shared or uploaded again, remove the content, restrict features, or suspend or terminate the account. Where the law requires it, we will preserve the content and report it to the competent authorities.

Statement of reasons and appeals. If we restrict your content or account, we will inform you of the decision, the reasons for it and the facts it is based on, unless the law prohibits this. You can contest any such decision by replying to our notification or by writing to support@mymemora.net; the decision will be reviewed by a person. You may also use any other remedies available to you under applicable law, including going to court.

Repeated violations. We may suspend or terminate the accounts of users who repeatedly upload or share illegal content, and may stop processing reports from people who repeatedly submit manifestly unfounded reports, after a warning.

10. APP STORES AND THIRD-PARTY SERVICES

If you download our apps from the Apple App Store or Google Play, these Terms are between you and us only, not Apple or Google. We, not Apple or Google, are responsible for the apps and their content. Your use of the apps must also comply with the usage rules of the relevant store. For apps downloaded from the Apple App Store, Apple’s standard Licensed Application End User License Agreement also applies.

The Services may use or link to third-party services, such as sign-in providers, app stores, payment providers and map data from OpenStreetMap contributors. We are not responsible for third-party services, which are governed by their own terms.

11. SUSPENSION, TERMINATION AND ACCOUNT DELETION

By you. You can stop using the Services and delete your account at any time in the website or app settings. Before deleting your account, you can download your whole archive. When you delete your account, your personal archive is permanently deleted as described in our Privacy Policy and cannot be restored. Content you added to family archives remains in those archives (see section 4). Deleting your account does not cancel a subscription bought through an app store; cancel it there.

By us. We may suspend or terminate your access to all or part of the Services if you seriously or repeatedly violate these Terms, if we are required to do so by law or by a competent authority, or if your use creates a risk of harm to other users, third parties or the Services. We will act proportionately and, where possible and lawful, warn you first and give you a reasonable opportunity to fix the problem. If we terminate your account, we will tell you why and, except where the account was terminated because of illegal content or where the law does not allow it, give you at least 30 days to download your content.

We may also discontinue the Services as a whole. In that case we will give you at least 60 days’ notice so that you can download your content and will refund any prepaid amount for the period after the Services end, where the payment was made to us.

Sections of these Terms that by their nature should continue after termination (for example, sections 7, 14, 15, 16, 17 and 18) will continue to apply.

12. CHANGES TO THE SERVICES AND TO THESE TERMS

Changes to the Services. We continuously develop the Services and may add, change or remove features. If a change significantly reduces a feature that is part of a paid plan you have purchased, we will notify you in advance and you may cancel your subscription.

Changes to these Terms. We may update these Terms, for example to reflect new features, legal requirements or changes in how we operate. Each version has a version number and an effective date, and previous versions remain available on this website.

  • Minor changes (for example, clarifications, corrections or updated contact details) take effect when they are published. We will show a notice in the Services.
  • Material changes (for example, changes to your rights, fees, storage rules or how we handle your content) will be announced in the Services and by push notification or email at least 30 days before they take effect, and we will ask you to accept them.

If you do not accept material changes. You can decline the new Terms. The previous Terms continue to apply until the effective date of the new version. If you have not accepted the new Terms by that date, your account will enter a restricted mode: you will still be able to sign in, view and download your content, export your whole archive, delete content and delete your account, but you will not be able to upload new content, create or change albums, create shared links or use smart features, and your existing shared links will be paused. If you do not accept the new Terms within 30 days after they take effect, we may delete your account and your personal archive. We will remind you before this happens. You can accept the new Terms at any time during this period to restore full access. We will cancel automatic renewal of subscriptions where we are technically able to do so; subscriptions bought through the Apple App Store must be cancelled by you in your Apple account settings.

13. AVAILABILITY AND BACKUPS

We aim to keep the Services available and your content safe, and we regularly back up our systems for disaster recovery. However, the Services may occasionally be unavailable because of maintenance, updates, technical failures or events beyond our control. We will try to announce planned maintenance in advance and to restore the Services as quickly as possible. Backups are not a way to recover content you deleted yourself after it has been removed from the trash.

14. DISCLAIMER

We provide the Services with reasonable care and skill. To the extent permitted by applicable law, the Services are provided “as is” and “as available”, and we do not give any warranties beyond those described in these Terms or required by law. In particular, we do not guarantee that the Services will be uninterrupted or error-free or that automated features will always produce accurate results. This does not affect the statutory rights you have as a consumer, including the legal guarantee of conformity of digital services where it applies.

15. LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for damage caused intentionally or through gross negligence, or for any other liability that cannot be excluded or limited under applicable law.

Subject to the paragraph above and to the extent permitted by applicable law:

  • we are not liable for losses that were not reasonably foreseeable when you started using the Services, or for losses caused by your breach of these Terms, by events beyond our reasonable control, or by the actions of people you shared content with;
  • we are not liable for loss of content to the extent that the loss could have been avoided by you keeping your own copies, as recommended in section 3;
  • if you use the Services for business purposes, we are not liable for loss of profit, revenue, business or opportunity;
  • our total liability to you for all claims relating to the Services is limited to the greater of (a) the amount you paid us for the Services in the 12 months before the event giving rise to the claim and (b) EUR 50.

16. YOUR RESPONSIBILITY

You are responsible for your content and for your use of the Services. If a third party brings a claim against us because content you uploaded or shared, or your use of the Services, violated these Terms or the law, you will compensate us for the resulting reasonable costs and damages, to the extent you are responsible for them and as permitted by applicable law.

17. GOVERNING LAW AND DISPUTES

Talk to us first. If you have a problem with the Services, please contact us at support@mymemora.net. We will try to resolve it within 30 days.

Governing law. These Terms are governed by the laws of Ukraine. If you are a consumer living in the EU, the UK, Switzerland or another country whose laws give you mandatory protection, you also keep the protection of the mandatory laws of your country of residence, and this choice of law does not deprive you of it.

Courts. Disputes will be resolved by the competent courts of Ukraine. If you are a consumer, you may also bring proceedings in the courts of your country of residence, and we may only bring proceedings against you in the courts of your country of residence. There is no mandatory arbitration and nothing in these Terms prevents you from using collective redress available to you under applicable law.

18. GENERAL PROVISIONS

  • Entire agreement. These Terms, together with any additional terms shown to you when you buy a plan, are the entire agreement between you and us about the Services.
  • Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.
  • No waiver. If we do not enforce a provision immediately, we do not give up our right to enforce it later.
  • Transfer. We may transfer our rights and obligations under these Terms to another operator of the Services, provided that this does not reduce your rights; we will notify you in advance, and you may delete your account if you do not agree. You may not transfer your rights under these Terms.
  • Electronic communications. You agree that we may communicate with you electronically, through the Services, push notifications or email, and that such communications satisfy any requirement for written form, to the extent permitted by law.
  • Language. These Terms are written in English. Translations may be provided for convenience; if there is any conflict, the English version prevails, to the extent permitted by applicable law.

19. CONTACT US

  • Support and questions about these Terms: support@mymemora.net
  • Reports of illegal content or abuse (single point of contact for users and authorities, in English or Ukrainian): abuse@mymemora.net
  • Privacy requests: privacy@mymemora.net
  • Post: Olexandr Khodarev (MyMemora), Odesa 65000, Ukraine