MEMVOICE TERMS OF SERVICE
Last Updated: [DATE]
Effective Date: [DATE]
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and [COMPANY NAME], a company incorporated under Polish law with its registered office at [COMPANY ADDRESS], Poland (“Company”, “we”, “us”, or “our”), regarding your use of the MemVoice platform and services.
1. ACCEPTANCE OF TERMS
By accessing, downloading, installing, or using the MemVoice application and services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.
2. DESCRIPTION OF SERVICE
MemVoice is an AI-powered application that provides:
- Audio transcription services using third-party AI providers
- AI-generated content summaries and analysis
- Social media post generation for various platforms (Facebook, Instagram, X.com, LinkedIn, Threads)
- Content management and organization tools
The Service integrates with third-party AI providers including AssemblyAI, OpenAI, and Anthropic to deliver AI-powered features.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1 Age Requirements
You must be at least 18 years of age to use our Service. If you are between 13 and 18 years of age, you may only use the Service with the express written consent of your parent or legal guardian, and such parent or guardian must agree to these Terms on your behalf.
3.2 Account Registration
To use certain features of the Service, you must create an account by providing accurate and complete information. You may register using:
- Email and password
- Social media authentication (Facebook, Google, LinkedIn, etc.)
3.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. PAYMENT TERMS AND NO REFUND POLICY
4.1 Subscription Fees
The Service operates on a subscription-based model. All fees are processed through LemonSqueezy, our third-party payment processor.
4.2 NO REFUNDS
ALL SALES ARE FINAL. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PURCHASED SERVICES. Since our Service provides virtual, digital services that are consumed upon delivery, no refunds will be issued under any circumstances, including but not limited to:
- Change of mind
- Failure to use the Service
- Dissatisfaction with AI-generated results
- Technical issues with user devices
- Subscription cancellation
4.3 Subscription Management
You may cancel your subscription at any time, but no prorated refunds will be provided. Your access will continue until the end of your current billing period.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Our Intellectual Property
The Service, including all software, content, trademarks, logos, and proprietary technology, is owned by the Company and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service solely for your personal or internal business purposes.
5.2 User Content
You retain ownership of content you upload to the Service (“User Content”). By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and display your User Content solely to provide the Service.
5.3 AI-Generated Content
Any content generated by our AI features using your input is owned by you, subject to the limitations and disclaimers set forth in these Terms.
6. PROHIBITED USES AND USER CONDUCT
You agree not to use the Service to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Upload or generate illegal, harmful, offensive, or inappropriate content
- Attempt to reverse engineer, decompile, or hack the Service
- Use the Service for commercial purposes beyond your internal business needs
- Share your account credentials with unauthorized parties
- Generate or distribute spam, malware, or malicious content
- Create false, misleading, or defamatory content
- Violate social media platform terms when posting generated content
- Use the Service in any way that could harm our reputation or operations
7. AI-POWERED FEATURES AND DISCLAIMERS
7.1 AI Technology Limitations
Our Service utilizes artificial intelligence technology provided by third parties. AI technology has inherent limitations and may:
- Produce inaccurate, incomplete, or biased results
- Generate content that may be factually incorrect
- Misinterpret audio or context
- Fail to perform as expected
7.2 No Warranty for AI Content
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED CONTENT. YOU USE AI-GENERATED CONTENT AT YOUR OWN RISK.
7.3 User Responsibility
You are solely responsible for:
- Reviewing and verifying all AI-generated content before use
- Ensuring compliance with applicable laws when using AI-generated content
- Any consequences resulting from your use of AI-generated content
- Content you choose to publish on social media platforms
8. THIRD-PARTY SERVICES
Our Service integrates with third-party providers including:
- AssemblyAI (audio transcription)
- OpenAI (content generation)
- Anthropic (content analysis)
- Cloudflare (infrastructure and security)
- LemonSqueezy (payment processing)
- Social Media Platforms (content publishing)
We are not responsible for the availability, functionality, or policies of these third-party services.
9. DISCLAIMERS AND LIMITATION OF LIABILITY
9.1 Service Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
9.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.
9.3 Damage Cap
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR EUR 100, WHICHEVER IS GREATER.
9.4 User Actions Disclaimer
WE ARE NOT RESPONSIBLE FOR YOUR ACTIONS, DECISIONS, OR THE CONSEQUENCES OF USING THE SERVICE. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK.
9.5 Business Losses
WE ARE NOT LIABLE FOR ANY BUSINESS LOSSES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, CONTRACTS, ANTICIPATED SAVINGS, DATA, GOODWILL, OR WASTED EXPENDITURE.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney’s fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you upload, generate, or publish using the Service
- Any legal action resulting from your use of AI-generated content
11. DATA PROCESSING AND PRIVACY
Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and protect your personal data. By using the Service, you consent to the processing of your data as described in our Privacy Policy.
12. ACCOUNT SUSPENSION AND TERMINATION
12.1 Our Rights to Suspend or Terminate
We may suspend or terminate your account and access to the Service immediately, with or without notice, for any reason, including:
- Violation of these Terms
- Fraudulent or illegal activity
- Non-payment of fees
- Abuse of the Service
- Risk to our operations or reputation
- Violation of third-party rights
12.2 Effect of Termination
Upon termination:
- Your access to the Service will cease immediately
- You remain liable for all charges incurred
- Certain provisions of these Terms survive termination
- We may delete your account data in accordance with our Privacy Policy
13. MODIFICATIONS TO TERMS AND SERVICE
13.1 Terms Modifications
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or through the Service. Your continued use constitutes acceptance of the modified Terms.
13.2 Service Modifications
We may modify, suspend, or discontinue the Service at any time without notice or liability.
14. FORCE MAJEURE
We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet failures, or third-party service interruptions.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of laws principles.
15.2 Alternative Dispute Resolution
Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes through good faith negotiations for a period of thirty (30) days.
15.3 Jurisdiction
Any legal action or proceeding relating to these Terms shall be brought exclusively in the courts of Poland, and you irrevocably consent to the jurisdiction of such courts.
15.4 Arbitration Option
At our sole discretion, we may require binding arbitration administered by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw, Poland, conducted in English or Polish.
16. SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
17. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Service and supersede all prior or contemporaneous communications and proposals.
18. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Email: [SUPPORT EMAIL]
Address: [COMPANY ADDRESS]
Phone: [PHONE NUMBER]
IMPORTANT LEGAL NOTICES:
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These Terms contain important limitations on liability and warranty disclaimers that may affect your legal rights.
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By using our Service, you waive the right to participate in class action lawsuits against us.
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You acknowledge that our Service involves the use of AI technology, which has inherent limitations and risks.
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All payments are final and non-refundable.
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We may terminate your access to the Service at any time for any reason.
BY CLICKING “ACCEPT” OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.