Terms and Conditions

1. Service provider

The Memorly service is offered by Memorly, contact email support@memorly.io (hereinafter, the “Provider”).

2. Scope and acceptance

These General Terms (hereinafter, the “Terms”) govern the purchase of the Memorly service through the website memorly.io. Using the service and placing an order constitutes full acceptance of the Terms.

3. Service description

Memorly transforms photos uploaded by the user into an emotional video with music, using artificial intelligence technology. The process includes:

• Upload of photos by the user.
• Automatic analysis of the images.
• AI animation of each photo.
• Music and personalised message selection by the user.
• Editing and delivery of the final video.

4. Eligibility and registration

To use the service, the user must be at least 18 years old and have legal capacity to enter into contracts. Registration requires a valid email address and verification via a one-time code (OTP).

5. Order process

1. The user signs in with their email address.
2. Uploads the photos, chooses music, and writes the title or message.
3. Confirms the order and pays via Stripe before the video is generated.
4. Receives the generated video in their account and by email.

The contract is formed when the Provider confirms receipt of payment. Invoices may be requested at support@memorly.io.

6. Prices and payment

Prices are those published on the website at the time of the order and include applicable taxes. Payment is made in advance by card through the Stripe gateway. The Provider does not store full card details.

7. Right of withdrawal — Exception

By confirming the order and clicking the payment button, the right of withdrawal does not applyto contracts for the supply of digital content not provided on a tangible medium where execution has begun with the consumer's express prior consent and acknowledgement that they thereby lose their right of withdrawal.

By confirming and paying, the user:

• Expressly requests the immediate start of video generation.
• Acknowledges and accepts that, once generation has begun, they lose the right of withdrawal.

If generation has not yet started, the user may request cancellation and a full refund by writing to support@memorly.io.

8. Guarantee and refunds for service failure

The Provider guarantees delivery of a video consistent with the service description. If, for technical reasons not attributable to the user, the video cannot be generated or has substantial defects, the user is entitled to:

• A new generation at no additional cost, or
• A full refund of the amount paid.

Claims must be made within a reasonable time of delivery.

9. User obligations regarding photos

The user warrants and expressly declares that:

• They own the rights to the uploaded photos or have sufficient authorisation.
• They have the consent of identifiable persons appearing in the photos for the use of their image, or that such persons are close family members in private contexts.
• Where photos include minors, they have the consent of those with parental responsibility or guardianship.
• They will not upload illegal, offensive, pornographic, violent, discriminatory content, or content that infringes third-party rights or is protected by intellectual property without authorisation.

The user is solely responsible for the content they upload and shall hold the Provider harmless against any claim arising from breach of these obligations.

10. Intellectual property

Uploaded photos remain the property of the user. The user grants the Provider a non-exclusive licence, limited to the time and purpose strictly necessary to provide the service (processing, analysing, animating, and editing the video).

The final generated video is the property of the user, who may use it for personal purposes and share it freely. The music included is licensed for personal use associated with the video and may not be extracted or reused independently.

The Provider will not use the user's photos or videos to train AI models or for promotional purposes without express consent.

11. Availability and technical limitations

The service depends on third-party technology providers (AI, storage, payments). The Provider will make every reasonable effort to maintain service availability but does not guarantee uninterrupted or error-free operation.

12. Limitation of liability

To the maximum extent permitted by law, the Provider's liability is limited to the amount actually paid by the user for the specific order giving rise to the claim. The Provider is not liable for indirect damages, loss of profit, or data loss attributable to causes beyond its control.

This limitation does not affect mandatory consumer rights under applicable law.

13. Suspension and termination

The Provider may suspend or cancel a user's account, without right to refund, in the event of a serious breach of the Terms, particularly by uploading illegal content or content that infringes third-party rights.

14. Data protection

The processing of personal data is governed by the Privacy Policy, which forms an integral part of these Terms.

15. Customer support and complaints

For any query or complaint, users can contact us at support@memorly.io. Complaints will be addressed within a maximum of one month.

In accordance with Regulation (EU) 524/2013, consumer users may use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr.

16. Modifications

The Provider may modify the Terms for legal or commercial reasons. The version applicable will be the one in force at the time the order is placed.

17. Governing law and jurisdiction

These Terms are governed by applicable law. Any disputes shall be resolved by the courts of the user's place of residence when acting as a consumer.