Terms of Service

Version 2.0 · Last updated: May 23, 2026

1. Agreement to Terms

These Terms of Service ("Terms") form a binding agreement between you ("you", "your", "User") and Adam Duchemann, acting as an independent developer (sole trader), operating memrly ("we", "our", "us", "memrly"). Contact: support@memrly.com. Postal address: Rua da Hera 38, Andar 1, Lisbon, Portugal.

By creating an account or using the Service you agree to be bound by these Terms, our Privacy Policy and our Acceptable Use Policy. If you do not agree, do not create an account or use the Service.

2. Eligibility

You must be at least 13 years old to create an account. If you are below the digital-consent age in your country of residence, you may use the Service only with the consent of your parent or guardian. The applicable digital-consent age varies between EU Member States: 13 in some States (for example Portugal), 15 in France, 16 in others (for example Germany).

By creating an account, you confirm that:

  • you meet the age requirement above
  • if applicable, your parent or guardian has consented
  • you have legal capacity to enter into this agreement
  • you will provide accurate and complete information

3. Account Responsibilities

You are responsible for:

  • Maintaining the accuracy of your account information
  • Keeping your login credentials secure and confidential
  • All activity that occurs under your account
  • Notifying us immediately at support@memrly.com if you suspect unauthorized access

You may only create one account per person. Sharing account credentials with others is prohibited. We reserve the right to suspend or terminate accounts that violate these provisions.

4. Plans and Pricing

4.1 Plan structure

memrly is offered through a free starting state and three paid tiers, named Personal, Organizer and Creator. The free starting state is the entry-level state in which every new account begins; it is not a tier. Each paid tier offers a different set of features, storage capacity and content limits, designed for different audiences (inner circle, organizers, communities and creators).

4.2 Current features and limits

The current features, storage capacity and content limits for the free starting state and for each paid tier are presented in the memrly app and on the memrly website. We may update these features and limits over time to improve the Service. We will notify you in advance of any change that would materially reduce the features or limits available to your active subscription.

4.3 Pricing

Prices are set and displayed by the Apple App StoreGoogle Play Store in your local currency at the moment of purchase or renewal. The price displayed in the store at that moment is the price you pay. memrly does not set, collect or display any other price. AppleGoogle may adjust prices in line with their own pricing rules; significant price changes are communicated by AppleGoogle in accordance with their policies.

4.4 One-time album purchases

In addition to subscriptions, memrly offers individual albums as one-time in-app purchases. The available album types, their features and capacity limits are presented in the app at the moment of purchase. As for subscriptions, the price displayed by the Apple App StoreGoogle Play Store in your local currency at the moment of purchase is the price you pay.

4.5 Downgrades and changes between tiers

If you downgrade to a lower tier, or move from a paid tier back to the free starting state, your existing content is preserved at its original quality, but you cannot add new content that would exceed the limits of the new tier. Where two limits apply (for example, storage capacity and item count), whichever limit is reached first takes precedence.

5. Billing and Payments

5.1 Payment Processing

All subscription and purchase payments are processed through the Apple App StoreGoogle Play Store via RevenueCat. We do not directly process, store, or have access to your payment information.

5.2 Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annual) unless cancelled before the renewal date. You will be charged through your original payment method.

5.3 Cancellation

You may cancel your subscription at any time through your device's subscription management:

  • iOS: Settings > Apple ID > Subscriptions
  • Android: Google Play Store > Subscriptions

Cancellation takes effect at the end of the current billing period. You retain full access to paid features until that date.

5.4 Refunds

Refund requests are handled entirely by AppleGoogle per their refund policies. We do not process refunds directly. For refund assistance, contact the app store where you made the purchase.

6. Downgrade and Cancellation Policy

6.1 Subscription cancellation, expiry, or payment failure

If your paid subscription is cancelled, expires, or your subscription payment fails and the App StoreGoogle Play cannot collect after their retry attempts, your subscription becomes inactive and your account moves to the free starting state. Your existing content is then placed in a freeze period during which it is preserved but you cannot use the paid features of your former tier. The freeze period depends on the tier you were on:

  • Personal — 365 days
  • Organizer — 180 days
  • Creator — 90 days

If you renew or upgrade before the end of the freeze period, your full content is restored. If you do not renew, at the end of the freeze period plus a 24-hour grace window we reduce the content stored on your account to the limits of the free starting state, deleting the oldest items above that limit.

The retention timeline in this Section 6.1 mirrors the Privacy Policy. In the event of any apparent conflict between this Section and the Privacy Policy, the Privacy Policy prevails.

7. Your content, ownership and licences

7.1 You always own your photos

You retain full ownership of all photos, videos, captions and other content you upload to memrly ("Your Content"). We do not claim ownership of Your Content. We never sell Your Content. We never use Your Content for advertising. We never use Your Content to train artificial intelligence or machine-learning models.

7.2 Licence to memrly

By uploading Your Content, you grant memrly a non-exclusive, worldwide, royalty-free licence to host, store, back up, transcode, thumbnail, and deliver Your Content to authorised members of the album to which you uploaded it. This licence exists solely to operate the Service. It ends when Your Content or the album is deleted, subject to the retention periods described in Section 6 and the Privacy Policy.

7.3 Licence to other album members

By uploading Your Content to a shared album, you also grant the other members of that album a non-exclusive, personal, non-commercial right to view Your Content within the album and, if download is enabled by the album owner, to save a copy of Your Content for their own private, non-commercial use within the context of that album. Album members may not redistribute, publish, monetise or use Your Content for any commercial purpose.

7.4 What happens when you leave an album

You may delete any of Your Content from a shared album at any time, even after you have left the album. If you leave an album without deleting Your Content, the photos and videos you contributed remain in the album, because they are part of a collective memory shared with the other members. You can request specific photos or videos to be removed at any time by contacting support@memrly.com. We will balance your request against the legitimate interests of the other album members and respond within 30 days.

7.5 What happens when you delete your account

When you delete your account, your account information, profile, activity and personal data are deleted in accordance with the retention timelines in Section 6 and the Privacy Policy. Albums you own are deleted, with a 30-day notice given to album members so they can download what they contributed. Photos and videos you contributed to albums owned by other users remain in those albums under the licence granted in Section 7.3, unless you delete them yourself before account deletion or you contact us to request individual removal.

7.6 No marketing use of user content

We do not use Your Content in marketing material, promotional content, social media, app-store screenshots or any other public-facing material. All memrly marketing uses demo or stock imagery only. We may use screenshots of the memrly app interface that contain no identifiable user content for promotional purposes.

7.7 Album roles and responsibilities

Within any shared album: (a) you may always delete Your own Content; (b) the album owner may remove any content from their album for moderation; (c) other album members may not delete content they did not upload.

8. Albums and Sharing

8.0 Your responsibility for the content you upload

By uploading any photo, video or other content, you confirm that:

  • you took the photo or video, or you otherwise have the right to share it with the members of the album;
  • every person identifiable in the content has consented to being shared with the other members of the album, or sharing is otherwise lawful (for example, photos from public events, family use within a closed family album, news coverage where applicable);
  • if a person identifiable in your content asks you to remove the photo or video, you will do so promptly.

If we receive a credible request from a person depicted in content uploaded to a memrly album, we may remove that content from the album, with notice to the uploader where reasonable.

8.1 Album Ownership

The user who creates an album is the album owner. Album owners control:

  • Album settings and permissions
  • Who can join or be invited to the album
  • Whether uploads are locked to the owner
  • Album deletion

8.2 Album Deletion on Account Closure

The treatment of albums you own when you delete your account is described in Section 7.5 (What happens when you delete your account).

8.3 Album Members

Album members may:

  • View all photos and videos in the album
  • Upload content (unless uploads are locked by the owner)
  • Like and comment on content
  • Download content they uploaded

Album members may not:

  • Delete content uploaded by other members
  • Change album settings
  • Invite new members (unless granted permission by the owner)

9. Prohibited Conduct

You agree not to use the Service to upload, share, or distribute content that violates our Acceptable Use Policy. Prohibited content includes, but is not limited to:

  • Child sexual abuse material (CSAM)
  • Non-consensual intimate images
  • Graphic violence or gore
  • Hate speech or content promoting discrimination
  • Terrorism or extremist content
  • Illegal material
  • Spam or misleading content
  • Copyright-infringing material

We maintain zero tolerance for child sexual abuse material. Any confirmed CSAM results in immediate account termination and reporting to the National Center for Missing & Exploited Children (NCMEC) and relevant law enforcement authorities.

For full details on prohibited content, prohibited conduct, and our enforcement process, see our Acceptable Use Policy.

10. Content Moderation

memrly employs both automated and manual content moderation:

  • Automated scanning: uploaded content may be scanned by AI and machine learning systems to detect prohibited material
  • User reports: any user can report content they believe violates the Acceptable Use Policy
  • Human review: all flagged content is reviewed by a human moderator before action is taken

We reserve the right to remove content and suspend or terminate accounts that violate the Acceptable Use Policy or these Terms, at our sole discretion.

11. Intellectual Property

11.1 memrly's Property

The memrly name, logo, app design, software, and all related intellectual property are owned by Adam Duchemann and are protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our intellectual property without prior written permission.

11.2 Your Property

As stated in Section 7, you retain full ownership of Your Content. These Terms do not transfer any intellectual property rights in Your Content to us.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY.

We do not warrant that:

  • The Service will be uninterrupted, error-free, or free of harmful components
  • Your Content will be preserved indefinitely (see Section 6 for retention details)
  • The Service will be free from security vulnerabilities, breaches, or unauthorized access attempts
  • Your Content will not be accessed by unauthorized third parties as a result of hacking, malware, or other security incidents

While we implement industry-standard security measures including encryption, access controls, and regular security assessments, no internet-based service can guarantee complete immunity from security threats. You are responsible for maintaining the security of your own devices and account credentials.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADAM DUCHEMANN, OPERATING AS MEMRLY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF CONTENT, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be limited or excluded under applicable mandatory law; or (d) any liability that cannot be limited or excluded under the mandatory consumer-protection laws of your country of residence in the European Union.

14. Dispute Resolution

14.1 Informal Resolution

Before pursuing any legal action, you agree to first contact us at support@memrly.com and attempt to resolve the dispute informally for a period of 30 days. Most disputes can be resolved through good-faith communication.

14.2 Governing law and jurisdiction

These Terms are governed by the laws of Portugal, without regard to conflict-of-law principles. Any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Lisbon, Portugal.

14.3 European Union consumers

Nothing in this Section 14 deprives a consumer of the protections of the mandatory consumer-protection laws of their country of residence in the European Union. EU consumers retain the right to bring proceedings before the courts of their country of residence.

14.4 Online dispute resolution

EU consumers may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr to attempt to resolve disputes out of court.

15. Termination

15.1 By You

You may delete your account at any time through the app's settings. Account deletion is processed immediately: your profile, account information and personal data are permanently and irreversibly deleted from our systems. Photos and videos you contributed to albums owned by other users follow the rules described in Section 7.5. We recommend exporting any content you wish to keep before initiating deletion.

15.2 By Us

We may suspend or terminate your account if you:

  • Violate these Terms or the Acceptable Use Policy
  • Engage in fraudulent or illegal activity
  • Fail to pay for your subscription after the grace period
  • Create multiple accounts

We will provide notice of termination where reasonably possible, except in cases involving serious violations (e.g., CSAM) where immediate action is required.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last Updated" date and post the revised Terms on this page, and will take reasonable steps to notify you (for example, by email or in-app notice). Your continued use of the Service after the updated Terms take effect constitutes acceptance. If you do not agree, you must stop using the Service and delete your account.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, and (if applicable) Creator Monetization Terms, constitute the entire agreement between you and memrly regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.5 Analytics and Cookies

We use PostHog, a third-party product-analytics service hosted in the European Union, to understand how the Service is used and to improve it. On our website, analytics and any associated cookies load only after you accept our analytics banner, and you may decline or change your choice at any time. We do not use analytics to build advertising profiles, and we never sell your data. See our Privacy Policy for full details of what is collected and how to manage your preferences.

18. Contact Us

If you have questions about these Terms or need support, contact us at:

Email: support@memrly.com

These Terms of Service are governed by the laws of Portugal. For users in the European Union, mandatory EU consumer-protection laws apply in addition to these Terms.

Revision History

  • v2.0 — May 23, 2026: Added §17.5 Analytics and Cookies (PostHog disclosure). Relaxed §16 change-notice to reasonable notice.
  • v1.0 — May 9, 2026: Initial published version.