Terms of Service

1. Introduction

Welcome to Memento AI ("Memento", "we", "our", or "us"). These Terms of Service ("Terms") govern your use of our AI-powered memorial portrait generation service (the "Service") accessible through our website and applications.

By creating an account, uploading photos, or using any part of our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not use our Service.

Important: Our Service uses artificial intelligence to create memorial portraits by combining multiple photographs. Please ensure you have the legal right and authorization to use all photos you upload, especially photos of deceased individuals.

2. Service Description

Memento AI provides an AI-powered portrait generation service that allows you to:

• Upload 2-8 photographs to be combined into a single memorial portrait
• Choose between color or black-and-white artistic styles
• Receive high-resolution, print-ready portrait images
• Download and use generated portraits for personal memorial purposes
• Access your generation history and manage your account

2.1 Generation Quota System

Our Service operates on a generation quota system:

• Free Trial: New users receive 1 free portrait generation upon registration
• One-Time Purchases: Purchase portrait packs for immediate use (1, 3, or 6 portraits)
• Subscriptions: Business plans provide monthly portrait quotas (50, 120, or 300 per month)

2.2 Processing & Turnaround Time

Portrait generation is processed asynchronously using third-party AI services. Typical processing time is 30-60 seconds, but this is an estimate and not a guarantee. Processing times may vary based on:

• Number and size of uploaded photos
• Current system load and third-party service availability
• Complexity of the requested portrait composition

Timeout Policy: If a generation takes longer than 5 minutes, it will automatically time out and your generation quota will be restored (subject to daily limits - see Section 8).

3. User Accounts & Responsibilities

3.1 Account Creation

To use our Service, you must create an account. When creating an account, you must:

• Be at least 18 years old or the age of legal consent in your jurisdiction
• Provide accurate, current, and complete information
• Maintain the security of your password and account credentials
• Promptly update your account information if it changes
• Accept responsibility for all activities under your account

3.2 Content Ownership & Authorization

By uploading photos to our Service, you represent and warrant that:

• You own or have the legal right to use all uploaded photographs
• You have obtained necessary permissions from all individuals depicted in the photos (or their legal representatives for deceased individuals)
• Your use of the photos does not violate any third-party rights, including copyright, privacy, or publicity rights
• You have the authority to create memorial content using these photos

Memorial Content: We understand the sensitive nature of memorial portraits. If you are uploading photos of deceased individuals, please ensure you have the legal authority and family consent to create such content.

4. Data Retention & Storage

4.1 Source Photos (Uploaded Images)

Photos you upload are stored securely in our cloud storage system at the path portraits/sources/. These source photos are:

• Encrypted during transmission and storage
• Retained for 30 days after portrait generation completion
• Automatically deleted after 30 days to protect your privacy
• Used solely for generating your requested portrait

Important: We recommend keeping your own backups of original photos. Once deleted from our system, source photos cannot be recovered.

4.2 Generated Portraits (Results)

Generated portrait images are stored at portraits/results/ with the following retention policies:

• Paid Generations: Stored permanently and accessible anytime through your account
• Free Trial Generations: Retained for 30 days, then automatically deleted
• Failed Generations: Temporary files deleted within 7 days

We recommend downloading and saving copies of generated portraits for your personal archives. While we strive to maintain permanent storage for paid portraits, technical issues or service changes may affect long-term accessibility.

4.3 Manual Deletion

You may manually delete your generation records and associated files at any time through your account settings. Deleted content is typically removed from our active systems within 24 hours.

4.4 Account Deletion

When you delete your account, all associated data including source photos, generated portraits, and personal information will be permanently deleted within 30 days, except where we are required by law to retain certain information.

5. Third-Party AI Services & Data Processing

5.1 AI Processing Partners

Memento AI uses third-party artificial intelligence services to process your photos and generate portraits. Your uploaded photos are sent to:

• OpenRouter: API gateway for AI model access (Privacy Policy)
• Google Gemini: AI vision model for image processing (Terms)

5.2 Data Usage by Third Parties

Memento AI does not use your photos to train our own AI models. However, third-party AI service providers process your images according to their own privacy policies:

• OpenRouter states they do not use API data to train models
• Google Gemini API terms indicate that data sent via API is not used to train general-purpose models
• We have selected providers with strong privacy commitments, but their policies are subject to change

By using our Service, you acknowledge and consent to your photos being processed by these third-party AI services. We recommend reviewing their privacy policies before uploading sensitive or private photos.

5.3 Data Transmission Security

All photos are transmitted to AI services via encrypted HTTPS connections. We implement industry-standard security measures, but cannot guarantee absolute security during third-party processing.

6. Intellectual Property Rights

6.1 Your Source Photos

You retain complete ownership and all intellectual property rights to the photos you upload. By using our Service, you grant Memento AI a limited, non-exclusive, worldwide license to:

• Store, process, and transmit your photos to generate portraits
• Display thumbnails in your account's generation history
• Use for technical support and quality assurance purposes

This license terminates when you delete the content or close your account.

6.2 Generated Portraits - Personal Use License

For portraits generated using our Service, you receive a personal use license that permits:

• Personal & Family Use: Display in your home, share with family and friends
• Printing: Create physical prints for personal display or memorial purposes
• Social Media Sharing: Post on personal social media accounts with attribution
• Memorial Services: Use in funerals, memorial services, obituaries, and remembrance events
• Personal Keepsakes: Create photo albums, memory books, and family archives

6.3 Prohibited Uses

Without a commercial license (see Section 6.4), you may NOT:

• Sell, resell, or license the digital portrait files or prints for profit
• Use generated portraits in commercial advertising or marketing materials
• Claim the portraits as your own original artwork
• Remove or alter any watermarks or attribution (if present)
• Use portraits to create derivative AI models or training datasets
• Use portraits for defamatory, misleading, or fraudulent purposes
• Create deepfakes or manipulated content intended to deceive

6.4 Commercial Use License (Optional Upgrade)

Commercial use of generated portraits requires purchasing an additional commercial license. With a commercial license, you may:

• Use portraits in business marketing materials (e.g., funeral home websites, memorial service brochures)
• Sell prints or physical products featuring the portraits
• Use in publications, articles, or commercial media (with attribution)

Commercial licenses can be purchased:

• As a one-time upgrade for $99 per portrait
• Included with Enterprise subscription plans

Contact support@mementoai.net for commercial licensing inquiries.

6.5 Platform Rights

Memento AI retains the right to:

• Display generated portraits as examples on our website or marketing materials (with your explicit permission only)
• Use anonymized, aggregated data to improve our Service
• Monitor and prevent abuse or misuse of the Service

We will never publicly display your portraits without obtaining your explicit written consent first.

7. Payment Terms & Pricing

7.1 Payment Processing

All payments are processed securely through Creem, our third-party payment processor. By making a purchase, you agree to Creem's terms of service and privacy policy. We do not store your complete credit card information.

7.2 Pricing Plans

For Families (One-Time Purchases):

• Single Portrait: $29.90 (1 generation)
• Family Pack: $49.90 (3 generations)
• Memorial Collection: $89.90 (6 generations)

For Businesses (Subscriptions):

• Starter: $79/month (50 generations per month)
• Professional: $149/month (120 generations per month)
• Enterprise: $299/month (300 generations per month, includes commercial license)

Prices are subject to change with 30 days notice. Current subscribers will receive advance notice of any price changes affecting their active subscriptions.

7.3 Generation Quota Allocation

• One-Time Purchases: Quotas are added to your account immediately upon successful payment
• Subscriptions: Monthly quotas are allocated at the start of each billing cycle
• Unused Quotas: One-time purchase quotas never expire; subscription quotas do not roll over to the next month
• Free Trial: Can only be used once per account and cannot be restored once consumed

7.4 Subscription Management

• Billing Cycle: Subscriptions automatically renew on the monthly anniversary of your initial purchase
• Cancellation: You may cancel your subscription at any time. You will retain access to your subscription benefits until the end of your current billing period
• No Refunds: Subscription fees are non-refundable for partial billing periods
• Payment Failure: If payment fails, your subscription will be suspended until payment is successfully processed

7.5 Taxes

All prices are exclusive of applicable taxes (VAT, GST, sales tax, etc.). You are responsible for paying any taxes associated with your purchase based on your location.

8. Refunds & Automatic Quota Restoration

8.1 Automatic Refund System

If a portrait generation fails due to technical issues, our system will automatically restore your generation quota. This applies to:

• Generation timeouts (exceeding 5 minutes)
• Processing errors from third-party AI services
• Server failures or system outages

8.2 Daily Refund Limits

To prevent system abuse, automatic quota restoration is limited to 3 refunds per day per user. If you exceed this limit, please contact support for manual assistance.

8.3 Free Trial Exclusion

The free trial generation quota cannot be restored if:

• You have already used your free trial successfully
• The generation completed successfully (even if you're unsatisfied with results)
• The failure was due to user error (e.g., uploading invalid files)

8.4 Quality Guarantee

Important: AI-generated portraits are created using advanced algorithms, but results may vary based on source photo quality and composition. We do not guarantee specific artistic results or offer refunds based on subjective quality preferences.

Quota restoration is only provided for technical failures, not for dissatisfaction with the artistic output.

8.5 Monetary Refunds

Monetary refunds (as opposed to quota restoration) are handled on a case-by-case basis and are generally only provided:

• Within 7 days of purchase if the Service is completely inaccessible
• For duplicate or erroneous charges
• As required by applicable consumer protection laws

Please refer to our Refund Policy for complete details.

9. Prohibited Uses & Content Policy

You agree not to use the Service to create, upload, or generate content that:

• Violates Laws: Infringes copyright, violates privacy rights, or breaks any applicable laws
• Depicts Minors Inappropriately: Creates sexualized, exploitative, or harmful content involving minors
• Is Deceptive: Creates deepfakes or misleading portraits intended to deceive or defraud
• Harasses or Defames: Targets individuals with malicious, defamatory, or harassing content
• Promotes Hate: Contains hate speech, violence, or discrimination based on race, religion, gender, etc.
• Is Pornographic: Contains explicit sexual content or nudity
• Infringes Rights: Uses photos without proper authorization or consent
• Harms Our Service: Attempts to reverse engineer, scrape, or abuse our AI systems
• Violates Platform Guidelines: Uses our Service in ways that could harm our reputation or operations

We reserve the right to review flagged content and terminate accounts that violate these policies without refund.

10. Disclaimers & Limitations of Liability

10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Guarantees regarding the quality, accuracy, or suitability of AI-generated portraits
• Promises of uninterrupted or error-free service
• Warranties regarding third-party AI service performance or availability

10.2 AI Generation Disclaimer

AI-generated portraits are created using complex algorithms that interpret and combine source photos. Results may vary and are inherently unpredictable. We do not guarantee:

• Exact likeness or photographic accuracy
• Specific artistic style or quality standards
• Suitability for legal identification purposes
• Emotional or memorial satisfaction

10.3 Third-Party Service Dependencies

Our Service depends on third-party providers including:

• OpenRouter and Google Gemini for AI processing
• Cloudflare R2 for file storage
• Creem for payment processing
• N8N workflow automation for task management

We are not responsible for service interruptions, data loss, or failures caused by these third-party providers.

10.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMENTO AI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND PARTNERS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA
• EMOTIONAL DISTRESS OR PERSONAL HARM RELATED TO MEMORIAL CONTENT
• DAMAGES EXCEEDING THE AMOUNT YOU PAID IN THE PAST 12 MONTHS

10.5 Memorial Content Sensitivity

We understand that memorial portraits involve sensitive personal content. While we strive to provide a respectful and dignified service, we cannot guarantee that AI-generated portraits will meet your personal or emotional expectations. We recommend viewing sample portraits and understanding the limitations of AI technology before purchasing.

11. Indemnification

You agree to defend, indemnify, and hold harmless Memento AI, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including copyright, privacy, or publicity rights
• Your uploaded content or generated portraits
• Your lack of authorization to use photos of deceased or third-party individuals

12. Account Termination & Suspension

12.1 Termination by Memento AI

We reserve the right to suspend or terminate your account immediately, without prior notice or liability, for any reason including but not limited to:

• Violation of these Terms or our content policies
• Fraudulent activity or payment disputes
• Abusive or harassing behavior toward our staff or other users
• Attempting to hack, reverse engineer, or compromise our systems
• Repeated technical abuse (e.g., excessive refund requests)

12.2 Termination by You

You may close your account at any time through your account settings. Upon account closure:

• Active subscriptions will be canceled (no refunds for partial periods)
• Unused one-time purchase quotas will be forfeited
• All data will be deleted within 30 days (see Section 4.4)

12.3 Effect of Termination

Upon termination of your account:

• Your right to access and use the Service immediately ceases
• We are not obligated to retain or provide access to your generated portraits
• Sections regarding intellectual property, liability limitations, and indemnification survive termination

Important: Download and save any generated portraits you wish to keep before closing your account.

13. Privacy & Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information and uploaded content.

Key privacy highlights:

• We encrypt all data in transit and at rest
• Source photos are deleted after 30 days
• We comply with GDPR, CCPA, and applicable privacy laws
• You have the right to access, export, or delete your data
• We do not sell or rent your personal information

Please review our complete Privacy Policy for detailed information.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will:

• Provide at least 30 days advance notice via email or in-app notification
• Post the updated Terms with a new "Effective Date" at the top
• Notify active subscribers of changes that affect their subscription terms

Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service and may close your account.

15. Governing Law & Dispute Resolution

15.1 Governing Law

These Terms shall be governed and construed in accordance with applicable international commercial law and the laws of your jurisdiction, without regard to conflict of law provisions.

15.2 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service:

• Informal Resolution: We encourage you to first contact us at support@mementoai.net to attempt to resolve the matter informally
• Mediation: If informal resolution fails, both parties agree to attempt mediation before pursuing litigation
• Jurisdiction: Any legal action or proceeding must be brought in courts with proper jurisdiction based on your location

15.3 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Memento AI regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or third-party service failures.

17. Contact Information

If you have any questions, concerns, or feedback about these Terms or our Service, please contact us at:

Email: support@mementoai.net

Memento AI
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