Terms & Conditions

01Who may use the Service

You must be at least 15 years old to use the Service. If you are a minor, you may use it only with the prior consent of a parent or legal guardian who accepts these Terms on your behalf and is responsible for your use. To make a purchase or create an event as a host, you must have full legal capacity (generally 18 or older). If you use the Service on behalf of an organisation, you confirm that you are authorised to bind it to these Terms.

02Your account

You can sign in using email, Apple or Google. You are responsible for keeping your credentials, event links and QR codes confidential, and for all activity under your account. Tell us promptly at support@getmemorably.com if you suspect any unauthorised use. You must provide accurate information and keep it up to date.

03Events, albums and the reveal

A host creates an event and controls how it works — including access via invite links or QR codes, the number of photos per guest, visibility, and the reveal time at which the album unlocks. Guests join and contribute photos according to the host's settings.

04Permissions and device access

The Service accesses your camera only when you use the capture feature and your photo library only when you choose a photo to upload; neither is accessed in the background. Push notifications are optional and can be managed in your device settings. You are responsible for any data or carrier charges.

05Your content and the licence you grant

You keep ownership of the photos and content you upload. To run the Service, you grant Memorably a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, back up and display your content — solely for the purpose of operating, securing and providing the Service to you and the event you joined. This licence ends when the content is deleted, subject to short technical retention in backups.

When you contribute to an event, you grant the host a limited licence to view, share and export that event's album for personal, event or internal purposes. Using another person's photos commercially requires that person's permission.

You are responsible for the content you upload and for having the rights and consents needed for the people who appear in it, as described in our Privacy Policy. We do not claim ownership of your photos and we do not use them for advertising or to train facial-recognition systems.

06Acceptable use

You agree not to:

• break the law or infringe anyone's rights, or upload content that is unlawful, infringing, defamatory, harassing, hateful, pornographic or excessively violent;
• upload photos of other people without the permission required by law;
• reverse engineer, interfere with, disrupt or overload the Service, or bypass its security;
• use bots, scrapers or other unauthorised automated means;
• impersonate any person or misrepresent your affiliation.

07Purchases and prices

Some features (for example, larger events or additional participant capacity) are paid. Prices and applicable taxes are shown before you buy. Purchases made on iOS or Android are processed by Apple or Google and managed through RevenueCat, and their terms apply to the transaction. Custom pricing may be available for large events — contact us.

08Right of withdrawal and refunds

If you are a consumer in the European Union, you normally have a 14-day right of withdrawal for distance purchases. Because the Service is digital content and services made available immediately, by purchasing you expressly request immediate performance and acknowledge that you lose your right of withdrawal once the service has been fully performed or the digital content has been supplied. Where the right of withdrawal still applies, contact us within 14 days at support@getmemorably.com with your transaction reference. This does not affect any statutory refund or guarantee rights you have under the law of your country of residence.

09Intellectual property and feedback

The Service, including the Memorably name, logo, software and design, is owned by us or our licensors and protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable right to use the Service under these Terms. If you send us feedback or suggestions, you allow us to use them freely, without obligation to you.

10Third-party services and app-store terms

The Service relies on third-party providers (for example, Supabase for backend and storage, RevenueCat for purchases, and hosting, analytics and error-monitoring providers such as PostHog and Sentry) that operate under their own terms; we are not responsible for third-party materials or services.

If you download the app from the Apple App Store or Google Play, their terms also apply. Apple and Google are not responsible for the Service or for providing support, and any dispute about the app is between you and Memorably. For the iOS app, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

11Reporting illegal or infringing content

If you believe content on the Service is illegal or infringes your rights, notify us at support@getmemorably.com with enough detail to identify the content and the reason (in line with the French Act for Confidence in the Digital Economy (LCEN) and the EU Digital Services Act). We will review valid notices and act where appropriate. We may remove content and terminate the accounts of repeat infringers.

12Availability and disclaimers

We work to keep the Service available and reliable, but it is provided "as is" and "as available", and may be interrupted, change or contain errors. To the fullest extent permitted by law, we disclaim implied warranties such as merchantability, fitness for a particular purpose and non-infringement. The Service also requires an internet connection to work.

If you are a consumer, nothing in these Terms removes the statutory guarantees you are entitled to under applicable law, including the French legal guarantee of conformity (garantie légale de conformité) and the guarantee against hidden defects.

13Our liability

Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation (dol), or for gross negligence (faute lourde).

Subject to the above, and to the fullest extent permitted by law, we are not liable for indirect or consequential loss, loss of data or content, or loss of profit or opportunity; and our total liability arising out of or in connection with the Service is limited to the amount you paid us in the 12 months before the event giving rise to the claim. These limits do not affect the mandatory rights of consumers.

14Your responsibility (indemnity)

To the extent permitted by law, you agree to hold us harmless from and against claims, damages, losses and reasonable costs arising from the content you upload, your use of the Service, or your breach of these Terms or the law — in particular any claim by a person appearing in a photo you uploaded without the required consent.

15Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access, or remove content, if you breach these Terms or the law, if required for security or legal reasons, or if we stop offering the Service. Provisions that by their nature should survive termination (such as content licences already granted, disclaimers, liability limits and dispute rules) will continue to apply.

16Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you in-app or by email and update the "Last updated" date above. Your continued use of the Service after the changes take effect means you accept the updated Terms; if you do not agree, you should stop using the Service.

17Governing law and dispute resolution

These Terms are governed by French law, without depriving you of the mandatory consumer-protection rules of your country of residence.

Amicable resolution & consumer mediation. Please contact us first at support@getmemorably.com so we can try to resolve any issue. You may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

Courts. Disputes may be brought before the competent French courts. If you are a consumer, you may also bring proceedings in the courts of your place of residence. We do not require you to enter binding arbitration or to waive class actions.

18Other terms and contact

If any provision of these Terms is found unenforceable, the rest remains in force. Our failure to enforce a right is not a waiver of it. You may not transfer your rights under these Terms without our consent; we may transfer ours to an affiliate or in connection with a reorganisation or sale, without reducing your rights. These Terms, together with the Privacy Policy, form the entire agreement between us regarding the Service. This English version prevails; any translation is provided for convenience.

Questions about these Terms: support@getmemorably.com. Company details are set out in our legal notice.