This Memory Journaling Agreement ("Agreement") governs your use of the Memory Journaling features of Memocult ("Memocult", "we", "us"), operated by [Legal Entity Name], [registered address]. It applies in addition to our Terms & Conditions, Privacy Policy and WhatsApp Policy. Where this Agreement conflicts with those documents on a Memory Journaling matter, this Agreement governs.
1. Acceptance & eligibility
- By accepting this Agreement you confirm you have read and agree to be bound by it. If you do not agree, do not use Memory Journaling.
- You must be 18 years or older to hold a Memory Journaling account. We do not knowingly process the personal data of children except with verifiable parental or guardian consent, as required by the Digital Personal Data Protection Act, 2023 ("DPDP Act").
- We record the version of this Agreement you accept, the date and time, and your IP address, so both of us have a clear record of what was agreed.
2. What Memory Journaling is
- Memory Journaling lets you collect photos into private and shared collections ("pools"), including by sending them to us over WhatsApp, and order physical prints (polaroids, photo books, wall art, frames and similar products) from them.
- A free tier and a paid Pro tier are offered, with monthly capture limits and per-pool limits shown in the app. Prints are ordered separately and priced before payment.
- Memory Journaling is provided on an "as available" basis. Features, limits and pricing may change with notice.
3. Your account & WhatsApp number
- Memory Journaling routes photos by your verified WhatsApp number. You authorise us to verify that number by one-time passcode and to use it to receive your photos and send you service messages (order updates, verification, pool notifications).
- You are responsible for keeping your account and verified number secure, and for activity that takes place through them. Tell us promptly if you suspect unauthorised use.
- You can stop service messages as described in our WhatsApp Policy; note that disabling them may stop Memory Journaling from working.
4. Your content and the licence you grant us
- You keep ownership. You retain all rights in the photos and content you provide ("Your Content").
- Limited licence to operate the service. You grant us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, adapt, render and print Your Content, and to share it within the pools you choose, solely to provide Memory Journaling and fulfil your orders. This licence ends when the content is deleted, except for copies we must retain for legal, accounting or fraud-prevention reasons, and copies already committed to a print order.
- We do not sell Your Content, use it for advertising, or use it to train artificial-intelligence models, without your separate, explicit consent.
5. Your responsibilities and the rights you must hold
For everything you add to a pool, you confirm that:
- You own it, or you have the rights and permissions needed to upload, share and have it printed.
- You have the consent of every identifiable person in the photo (or their parent/guardian for a minor) to add it and, where the pool is shared, to make it visible to that pool's members.
- It does not infringe anyone's copyright, privacy, publicity or other rights, and is not unlawful.
You are responsible for Your Content and agree to indemnify us against claims arising from content you provide in breach of this section, to the extent permitted by law.
6. Community pools and shared content
- When you create or join a community pool, photos sent to that pool become visible to its members, and members may order prints that include them.
- A pool creator ("head") decides who is invited and is responsible for inviting only people who consent to share, and for the conduct of the pool.
- We act as an intermediary for content shared between users and do not pre-screen it. If content breaches this Agreement or the law, we may remove it and, where appropriate, suspend access.
- Reporting: if a photo of you, or content you believe is unlawful or infringing, has been shared without permission, report it in the app or contact our Grievance Officer (Section 14). We act in accordance with applicable law, including the Information Technology Act, 2000 and the rules made under it.
7. AI features
Some features may transform a photo you choose (for example, generating a stylised version of it). These run only on content you select and only to produce the result you ask for. We do not use Your Content to train general AI models. You are responsible for ensuring you hold the rights in the source photo.
7A. Face recognition (optional)
- With your separate, optional consent, we use face recognition to find photos featuring you and members of your pools, so we can curate personalised products (for example, a trip book of the photos you appear in).
- What we process: a mathematical representation ("face vector") of faces detected in pool photos, and a reference face from photos of you. Face vectors are stored per pool, are never sold or shared, and are not used to train AI models.
- Where it applies: your personal journal, and community pools you are a member of. Identity is only ever attached to members who have given this consent; other faces remain anonymous.
- Automatic deletion: a pool's face vectors are deleted when the pool ends (its window closing plus the grace period). You can also withdraw this consent at any time from your account's privacy controls — your reference face and identity assignments are then deleted, and you are excluded from face-based curation until you re-enable it.
- This consent is optional: declining it does not affect the rest of Memory Journaling.
8. Plans, Pro, gifting and payments
- Pro is a paid upgrade purchased for a fixed period. It does not auto-renew unless we clearly tell you so at purchase. Prices, limits and any discounts are shown before you pay.
- Payments are processed by our payment gateway (e.g. Razorpay). We do not store full card details.
- A pool head may gift Pro to a member; the gift applies to that member's account for the stated period.
- Print orders are charged separately and are governed by our Refund Policy, Shipping Policy and Replacement Policy.
9. Prints, orders and delivery
- Prints are produced from the memories you select and shipped to the address you provide. Confirm your selection and address before paying; once printing begins, an order cannot be changed.
- Delivery timelines, refunds and replacements are governed by the policies linked in Section 8.
10. Prohibited content and conduct
You must not add, share or order prints of content that:
- is sexually explicit, or sexualises a minor in any way;
- is unlawful, abusive, harassing, defamatory, or incites violence or hatred;
- infringes another person's copyright, trademark, privacy or publicity rights; or
- depicts an identifiable person without the consent required by Section 5.
We may remove content, refuse or cancel orders, and suspend or terminate accounts that breach this section, without refund where permitted by law.
11. Suspension and termination
- You may stop using Memory Journaling and request deletion of your account and content at any time (Section 12).
- We may suspend or end access for breach of this Agreement, suspected fraud, or to comply with law, with notice where practicable.
- Sections that by their nature should survive (content licence for committed orders, warranties, indemnity, liability, governing law) continue after termination.
12. Your data protection rights (DPDP Act, 2023)
- We process your personal data on the basis of your consent and to provide the service, as described in our Privacy Policy.
- You may access, correct and erase your personal data, and withdraw consent. Withdrawing consent to core processing (for example, your verified WhatsApp number) will stop Memory Journaling.
- To exercise these rights, use the privacy controls in your account or contact our Grievance Officer (Section 14).
13. Disclaimers and limitation of liability
- Memory Journaling is provided "as is" and "as available". We do not guarantee uninterrupted delivery of WhatsApp messages, which depend on third-party networks and platforms.
- To the maximum extent permitted by law, we are not liable for indirect or consequential loss, or for loss of sentimental value. Our total liability for any claim is limited to the amount you paid us for the order or Pro period giving rise to the claim.
- Nothing in this Agreement limits liability that cannot be limited under Indian law.
14. Grievances and contact
For complaints, takedown requests, or data-protection requests, contact our Grievance Officer:
- Grievance Officer: [Name]
- Email: [grievance@memocult.com]
- Support: support@memocult.com
- Address: [Registered address], India
15. Changes to this Agreement
We may update this Agreement. When we make a material change we will publish a new version and ask you to accept it before you continue using Memory Journaling. The version and effective date at the top of this page identify the current text.
16. Governing law and jurisdiction
This Agreement is governed by the laws of India. Subject to any non-waivable consumer rights, the courts at Chennai, Tamil Nadu have exclusive jurisdiction over disputes arising from it.