Terms of Service

This Terms of Service agreement is concluded between you and Caywood Creative LLC only, and not with Apple Inc. Caywood Creative LLC, not Apple, is solely responsible for MemoriMe and its contents. This agreement is not in conflict with the Apple Media Services Terms and Conditions.

Subject to your acceptance of these terms and compliance with Apple’s Usage Rules, we grant you a non-transferable license to use MemoriMe on any Apple-branded Products (such as iPhone, iPad, or Mac) that you own or control. Your access to MemoriMe may also be shared with other accounts associated with your household via Apple Family Sharing or through Apple’s volume purchasing programs, where applicable.

MemoriMe is currently available exclusively in the United States and Canada App Store territories. By downloading and using MemoriMe, you represent and warrant that:

• You are located in and accessing the app from the United States or Canada;
• You are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country;
• You are not listed on any U.S. Government list of prohibited or restricted parties.

We reserve the right to restrict access to users outside these territories at any time. Users are responsible for ensuring their use complies with local laws and regulations in their jurisdiction.

By downloading or using MemoriMe, you agree to these terms and conditions. If you don’t agree with any part of these terms, please do not download or use the app.

You must be at least 13 years old to use MemoriMe. If you are between 13 and 18, you may use MemoriMe only with the knowledge and consent of a parent or guardian. If you are under 13, you may not use MemoriMe. MemoriMe does not knowingly collect personal information from children under 13. If a parent or guardian believes a child under 13 has used MemoriMe, please contact [email protected] immediately.

MemoriMe is a time capsule app that lets you seal memories—voice memos, photos, notes, and videos—to be opened at a future date. You can keep capsules for yourself or send them to people you choose. The app is provided “as-is” and “as-available” without guarantees of uninterrupted service, error-free operation, or precise capsule delivery timing.

You own everything you create in MemoriMe. MemoriMe claims no rights to your capsules, their contents, or any data you store within the app. You are solely responsible for ensuring your content does not violate any applicable laws or the rights of others.

You agree not to use MemoriMe to store or send content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable. We reserve the right to terminate access for violations of these terms. You shall not use the app to harass, threaten, or intimidate any person, or to send unsolicited or deceptive communications. You also agree to comply with any applicable third-party terms of service when using MemoriMe, including but not limited to wireless data agreements and Apple’s terms of service.

You agree to indemnify, defend, and hold harmless Caywood Creative LLC, its officers, directors, employees, and agents from any and all claims, damages, liabilities, and costs (including reasonable attorneys’ fees) arising from or relating to: (1) your use of MemoriMe; (2) your violation of these terms; (3) your violation of any law or the rights of a third party; or (4) any content you create, upload, or send through MemoriMe. This indemnification applies to claims by third parties, including claims that your content is illegal, defamatory, or infringes intellectual property rights. Caywood Creative LLC, not Apple, is solely responsible for addressing any product liability claims or claims arising under consumer protection or privacy legislation in connection with your use of MemoriMe.

You acknowledge and agree that MemoriMe, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any third-party claim that MemoriMe or your possession and use of it infringes any third party’s intellectual property rights.

MemoriMe offers free and paid subscription tiers. Paid subscriptions are billed through Apple and are subject to Apple’s payment terms and cancellation policies. Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current billing period. You can manage or cancel subscriptions at any time through your Apple ID account settings. We do not process or store payment information. All billing is handled exclusively by Apple.

MemoriMe is solely responsible for providing any maintenance and support services with respect to the app, as specified in this agreement or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to MemoriMe.

Capsules sent to other users are stored in Apple’s CloudKit infrastructure. MemoriMe does not control, access, or read the contents of these capsules. Delivery to recipients depends on MemoriMe remaining an active, available application and on recipients having the app installed. MemoriMe cannot guarantee delivery of capsules if technical failures occur, if the recipient does not have the app installed, or if the service is discontinued. Sending a capsule through MemoriMe does not constitute a guaranteed delivery mechanism.

This section is important. Please read it carefully. Capsules stored locally on your device may be lost if you delete the app, lose your device, or if your device fails. MemoriMe strongly encourages you to maintain device backups through iCloud or iTunes.

Capsules that have not been opened, saved, or exported at the time MemoriMe ceases operations may be permanently and irrecoverably lost. If MemoriMe ceases operations, MemoriMe will provide advance in-app notice before shutdown, including instructions for retrieving or recalling your capsules. However, MemoriMe cannot legally guarantee data recovery or continued app functionality after shutdown.

MemoriMe does not have the technical ability to access, read, or reproduce the contents of your capsules, whether stored locally or in CloudKit. In the event of a legal request directed at MemoriMe, we will comply to the extent required by law but cannot produce content we do not have access to. Users seeking information about how Apple handles legal requests for CloudKit data should consult Apple’s privacy policies at apple.com/legal/privacy.

MemoriMe is provided “as is” and “as available” without warranties of any kind, express or implied, to the fullest extent permitted by law. MemoriMe does not warrant that the app will be uninterrupted, error-free, or that capsules will be delivered at the precise time or in the precise manner intended. Some jurisdictions do not allow the exclusion of implied warranties, so this disclaimer may not apply to you to the extent prohibited by law.

In the event that MemoriMe fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of MemoriMe to you to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to MemoriMe. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MemoriMe.

To the fullest extent permitted by applicable law, Caywood Creative LLC’s liability to you for any damages arising from your use of MemoriMe is limited to the greater of: (a) the amount of money you have paid to MemoriMe for subscriptions in the 12 months preceding the claim, or (b) $100. This limitation applies to all claims, whether based on breach of contract, tort, negligence, strict liability, or any other legal theory, and includes loss of data, loss of capsule content, emotional distress, or loss of revenue. Some jurisdictions do not allow limitation of liability, so this may not apply to you.

You may terminate this agreement and stop using MemoriMe at any time by deleting the app from your device. MemoriMe does not use accounts. Your capsules, notes, photos, and recordings are stored only on your device—deleting them there, or deleting the app, removes them completely. The only data MemoriMe holds is an active shared capsule not yet opened by its recipient; to request removal, contact [email protected] with the 6-character access code.

Material changes to these Terms will be communicated through an in-app notice and/or by updating the “Last Updated” date at the top of this page. Continued use of the app after changes constitutes acceptance of the updated terms.

MemoriMe reserves the right to suspend or terminate your access to MemoriMe at any time for violations of these terms or for any other reason at MemoriMe’s sole discretion. MemoriMe will make reasonable efforts to provide advance notice where practicable, but is not obligated to do so.

These terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any legal action or proceeding relating to these terms or MemoriMe shall be subject to binding arbitration as outlined below. To the extent arbitration is not available, such disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida. By using MemoriMe, you consent to personal jurisdiction and venue in these forums.

Please read this section carefully. It affects your legal rights. Except for claims that cannot be arbitrated under applicable law, any dispute arising from or relating to these terms or your use of MemoriMe shall be resolved by binding arbitration in Orange County, Florida, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator’s decision shall be final and binding. You agree that you may bring claims only in your individual capacity and not as a plaintiff in or member of a class action, collective action, or representative proceeding. The arbitrator may not combine claims of multiple parties or engage in any class or collective arbitration.

Neither party shall be liable for any failure or delay in performance under these terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages. This includes failures of internet infrastructure, Apple services, or other third-party services that MemoriMe depends on.

However, a force majeure event does not excuse MemoriMe’s payment obligations to you or eliminate your right to cancel your subscription and request a refund if MemoriMe cannot render the service. If MemoriMe becomes unavailable due to force majeure and you wish to cancel your subscription or request a refund, you may do so at any time through your Apple ID account settings, and Apple will process your request in accordance with their refund policies. MemoriMe will make reasonable efforts to notify users via in-app alert of any force majeure-related service interruptions and resume service as soon as practicable.

You acknowledge and agree that Apple Inc. and its subsidiaries are third-party beneficiaries of this agreement. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary. Apple has no obligation to provide any warranties, support, or maintenance for MemoriMe. Your use of CloudKit services is also subject to Apple’s own terms and conditions.

If any provision of these terms is determined to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

These terms of service, together with the MemoriMe Privacy Policy, constitute the entire agreement between you and Caywood Creative LLC regarding your use of MemoriMe and supersede all prior negotiations, representations, and agreements (whether written or oral) regarding the subject matter of these terms.

For Questions or Concerns:
Email: [email protected]
Response Time: Within 30 days

MemoriMe will respond to all inquiries within 30 days.