Terms of service

About these terms

These terms are an agreement between you and [Registered business name] ("we", "us"), of [Street address], [City], [State] [PIN code], India, GSTIN [GSTIN]. They cover the Mementa apps, the web app and this website.

By creating an account or using Mementa, you accept these terms. If you don't accept them, please don't use Mementa. Our Privacy policy, Storage rules and Cancellation and refunds policy are part of these terms.

The service

Mementa backs up your photos and videos, organises them with search, people, places and memories, and lets you share them. It works on Android phones with Android 7.0 or later, on iPhones with iOS 15 or later, and in a web browser.

We work hard to keep Mementa available and your files safe, but no online service can promise to be available every minute or free of faults, and we sometimes pause it briefly for maintenance. Keep another copy of anything you could not replace.

Features change over time. If we remove a feature that paid plans include, we will tell you in advance.

Your account

• You must be 18 or older to create an account.
• Give us accurate details and keep your email address up to date. It is how we reach you before anything is removed.
• An account is for one person. Everyone who uses Mementa needs their own account.
• Keep your sign-in safe. You are responsible for what happens in your account, so tell us straight away if you think someone else has used it.
• We will never ask for your password or a sign-in code.

The free plan

Every account gets 10 GB of storage free, with no card needed.

The free storage stays active while you open Mementa on any device at least once every 90 days. If you don't, we send reminders on days 60, 75 and 87, and on day 90 we delete the backed-up photos and videos. Your account stays, with its free 10 GB empty and ready to use. The full timeline is in our Storage rules.

Paid plans and payment

• Paid plans add storage, and every paid plan has the same features. Plans and prices, in Indian rupees, are on our pricing page and in the app.
• You pay in advance for a month or a year. Plans renew automatically at the same price until you cancel.
• On the web you pay through Razorpay, with UPI or a card. In the Android and iPhone apps, Google Play or the App Store bills you under its own terms, and its prices can differ slightly.
• If we change the price of your plan, we will email you before the new price applies, so you can cancel first.
• You can change your plan in Account › Plan & billing. Moving to a smaller plan never deletes anything, but if you use more than the new plan allows, new uploads stop until you free up space or upgrade again.
• You can cancel at any time, and your plan stays active until the end of the period you have paid for. How to cancel, and when refunds apply: Cancellation and refunds.

When a paid plan ends

If your plan ends, for example because you cancelled it or a payment failed, uploads pause, and you can still view and download everything. We send reminders on days 1, 8, 21 and 28. On day 30, we keep your favourites first, then your newest photos and videos, up to the free 10 GB, and remove the rest. Your account then continues on the free plan.

Renew at any time before day 30 and nothing is removed.

Your content

• You own the photos, videos and everything else you put in Mementa. We claim no ownership of it.
• You allow us to store, copy, process and show your content only as needed to run Mementa for you: to back it up, make smaller copies for viewing, build search, people and places, and share it with the people you choose. This permission ends when you delete the content or your account.
• You confirm that you have the right to upload and share your content, and that doing so doesn't break the law or anyone else's rights, including the privacy of the people in your photos.
• People at Mementa don't look through your photos. We look at specific content only when someone reports it to us, when the law requires it, or to protect someone's safety.

What you must not do

Don't use Mementa to store or share anything unlawful, or anything that the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 prohibit. That includes content that:

• belongs to someone else and that you have no right to share;
• is obscene or pornographic, or invades someone's privacy, including their bodily privacy;
• sexually exploits or harms children in any way;
• harasses, insults or threatens anyone, including on the basis of gender, race or religion;
• infringes a copyright, trademark or other right;
• deceives people about where it came from, or knowingly spreads false or misleading information;
• impersonates another person;
• promotes money laundering or illegal gambling;
• threatens the unity, integrity, defence, security or sovereignty of India, its friendly relations with other countries, or public order;
• contains viruses or other harmful code.

Also don't:

• try to get into other people's accounts or our systems, or test them for weaknesses without our written permission (if you find a security problem, please tell us);
• overload or disrupt Mementa, for example with automated bulk requests;
• resell Mementa, or use it to run a service for other people.

If you break these rules, we may remove the content, turn off share links, or suspend your account. Where the law requires it, we report content to the authorities, especially anything that sexually exploits children. We will remind you of these rules from time to time, as Indian law requires.

Reporting content

If you see content shared through Mementa that you believe breaks the law or these terms, or that shows you without your consent, report it to our grievance officer and include the link. How we handle complaints, and how quickly: Grievance officer. We also act on valid orders from Indian courts and authorities.

Suspension and closing accounts

You can stop using Mementa whenever you like, and delete your account at any time.

We may suspend or close an account, or remove content, if it breaks these terms or the law, if a court or authority orders it, or to protect other people or the service. Unless the law or someone's safety prevents it, we will tell you why and give you a chance to download your photos and videos first.

If we ever close Mementa for good, we will email you at least 30 days in advance, so you have time to download everything.

Changes to the service and these terms

We may change Mementa and these terms over time. If a change to these terms affects you in an important way, we will email you before it takes effect, and we will always email you at least 30 days before any change to the storage rules that could remove your files.

If you keep using Mementa after a change takes effect, the new terms apply to you. If you don't agree with a change, you can cancel your plan and delete your account.

Our responsibility to you

We provide Mementa with reasonable care and skill. Beyond that, and as far as the law allows, we provide it as it is, without other promises.

We are not responsible for losses we could not reasonably foresee, or for problems caused by events outside our reasonable control, such as widespread power or network failures, natural disasters or actions of authorities. As far as the law allows, our total liability to you for any claim is limited to the amount you paid us for Mementa in the 12 months before the claim.

Nothing in these terms limits your rights as a consumer under the Consumer Protection Act, 2019, or any liability that the law does not allow us to limit.

Law and disputes

These terms are governed by the laws of India. If something goes wrong, please write to us first: most problems are solved that way. Otherwise, the courts at [City], [State] have jurisdiction. This doesn't affect your right to file a consumer complaint where you live.

Open-source software

Mementa runs on open-source software, including Immich, which is licensed under the GNU AGPL v3.0. These terms don't limit the rights that those licences give you. See Open-source notices.

Contact

Questions about these terms: support@yourdomain.com. Complaints: our grievance officer. By post: [Registered business name], [Street address], [City], [State] [PIN code], India.