Terms of Use
These Terms of Use ("Terms") are an agreement between you and Memoir Audio, Inc., a Delaware corporation ("Memoir," "we," "us"). They cover memoir.audio, the Memoir app and recording experience, the family listening page, and the memoirs we produce (together, the "Service"). By buying a plan, redeeming a gift or partner purchase, or using the Service, you agree to these Terms and to our Privacy Policy, which explains how we handle personal information and recordings.
1. Who can use Memoir
You must be at least 18 years old, or the age of majority where you live, to buy a plan or set up a memoir. In these Terms, the "account holder" is the adult who buys or redeems the memoir and sets it up, and the "storyteller" is the person whose life story is recorded. They are often different people, for example an adult child who sets up a memoir for a parent.
2. The storyteller's consent
A memoir is recorded in the storyteller's own voice, so their agreement matters more than anything else in these Terms.
- If the storyteller can decide for themselves, the account holder must explain what Memoir is and get the storyteller's agreement before the first session. We may also ask the storyteller to confirm, at the start of recording, that they are happy to take part.
- If the storyteller may not be able to fully understand or decide (for example because of dementia or another cognitive condition), the account holder confirms that they, or someone they have consulted, has the legal authority to agree on the storyteller's behalf where the law requires it, such as a guardian or someone holding a power of attorney, and that taking part is in the storyteller's interest and consistent with their wishes as far as they can be known.
- The storyteller can stop at any time. If the storyteller seems distressed, unwilling, or says they want to stop, the session should end. Either the storyteller or the account holder can ask us to pause the memoir or delete recordings, as described in section 7.
The account holder is also responsible for getting permission from anyone else whose voice, photo, or story is included, and a parent or guardian's permission for anyone under 18.
3. How the Service works, including AI
Memoir's interviews are conducted by an AI biographer: a computer-generated voice and conversation system, not a human. Account holders should make sure the storyteller understands this. After recording, our production team, which includes people as well as AI and audio software, transcribes, edits, and produces the recordings into a finished audio memoir, which may include music, sound design, and photos you provide.
The finished memoir uses the storyteller's real recorded voice. We do not create a synthetic or cloned version of the storyteller's voice, and we will not do so without separate, explicit consent.
Memoir is a keepsake and storytelling service. It is not a medical, therapeutic, or care service, and it does not diagnose, treat, or monitor any condition.
4. Plans and payment
Memoir plans are one-time purchases, not subscriptions. Plans, what each includes, and the price are described at the point of sale. Prices on memoir.audio are shown in U.S. dollars, and applicable taxes may be added at checkout. Unless your plan says otherwise, you have up to one year from purchase to complete recording.
Where a plan includes a Memoir microphone, we ship it to the addresses and countries shown at checkout.
5. Purchases through partners
Memoir may also be sold through partners, such as organizations or online stores in other countries (for example, a memoir purchased in Israel through a partner's store). When you buy through a partner:
- the partner is the seller, and its price, currency, payment, invoicing, and cancellation terms apply to the purchase itself;
- these Terms and our Privacy Policy apply to the Memoir Service you receive, and you will be asked to accept them when you set up your memoir;
- the partner will share the details needed to deliver your memoir with us (such as your name, email, and phone number), as described in our Privacy Policy.
If a partner's terms and these Terms differ about the purchase, the partner's terms apply to the purchase. We will work with the partner to handle any cancellation or refund you are entitled to.
6. Producing your memoir
Plans are based on recording time. The finished, edited memoir runs up to the length of your plan; editing usually reduces each hour of recording to about 40 to 60 minutes of finished audio. We aim to deliver within the timeframe described for your plan, and we will tell you if something is going to take longer.
7. Your content and who owns it
The recordings, transcripts, photos, and finished memoirs created through Memoir ("your content") belong to you and your family, not to us. You give Memoir a limited license to store, process, edit, and produce your content only as needed to provide the Service to you, including through the service providers listed in our Privacy Policy. This license ends when your content is deleted, except for copies we must keep by law or that remain for a limited time in backups.
We do not make your content public, and we do not sell it. We will never use a memoir in marketing without separate written permission.
Control of the memoir. The account holder manages the memoir, including who it is shared with. While the storyteller is living, we will honor a storyteller's own request to stop recording or delete their recordings. If family members disagree about a memoir, we may pause sharing or deletion while the people involved sort it out.
Deleting content. You can ask us to delete a memoir or specific recordings at any time by emailing hello@memoir.audio. Once deleted, content cannot be recovered, so we recommend downloading a copy first.
Keeping memoirs available. We intend to keep finished memoirs available to families for the long term. If we ever stop offering the Service, we will give account holders at least 90 days' notice and a way to download their memoirs.
8. Cancellations and refunds
- Before recording starts: if you change your mind before the first recording session, contact us and we will refund your payment in full.
- After recording or production has started: email hello@memoir.audio and we will work with you in good faith, which may include a partial refund reflecting the work not yet done.
- Complimentary or promotional memoirs have no cash value and are not refundable.
Your legal rights come first. If the consumer protection law where you live gives you cancellation or refund rights, nothing in these Terms limits them. For example, consumers in Israel may cancel a distance purchase under the Israeli Consumer Protection Law, 5741-1981, and its regulations, including within 14 days, subject to the cancellation fees and exceptions that law allows. Purchases made through a partner are cancelled through that partner under section 5.
9. Promotions
We may occasionally offer complimentary memoirs, pilot programs, or discounts. These are offered at our discretion, have no cash value, and may come with additional terms that we will tell you about.
10. Acceptable use
You agree not to: record anyone without the consent described in section 2; give false information; upload content that is unlawful or that you do not have the right to use; try to access other families' content or interfere with the Service; or use the Service for any unlawful purpose.
11. Our intellectual property
Memoir owns the site, the app, the AI biographer characters and voices, our music and sound libraries, and our name and branding. These Terms do not give you rights to them other than to use the Service. Nothing here limits your ownership of your content.
12. Disclaimers
We work hard to make every memoir beautiful, but the Service is provided "as is" and "as available." To the extent the law allows, we disclaim implied warranties, and we do not guarantee that the Service will be uninterrupted or error-free, or that every story or detail will be captured.
13. Limitation of liability
To the fullest extent permitted by law, Memoir will not be liable for indirect, incidental, special, consequential, or punitive damages, and our total liability for any claim relating to the Service will not exceed the amount paid for the memoir the claim relates to. Some places do not allow these limits, so they may not apply to you, and nothing in these Terms limits liability that cannot be limited by law.
14. Suspension and termination
You may stop using the Service at any time. We may suspend or end access if these Terms are seriously breached, including recording someone without consent, or if the law requires it. If we end access without cause, we will refund the part of your payment for work not yet delivered.
15. Changes to these Terms
We may update these Terms from time to time. We will change the "Last updated" date, and for material changes we will notify account holders by email before they take effect. Changes do not apply retroactively to a memoir already purchased unless you agree.
16. Governing law and disputes
These Terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict-of-laws rules, and disputes may be brought in the state or federal courts located in New Jersey. However, if you are a consumer living outside the United States, you keep the protection of the mandatory laws of the country where you live, and you may bring a claim in the courts of that country. Before bringing any claim, please email us first so we can try to resolve it.
17. Contact
Memoir Audio, Inc. · hello@memoir.audio