Terms of Service

1. Acceptance of Terms

By accessing or using Memory Gallery ("Service"), including our website, physical products containing embedded smart chips, and related services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not access or use the Service.

By purchasing or activating a Memory Gallery product, creating a gallery, or uploading content, you acknowledge that you have read and accepted these Terms.

2. Description of Service

Memory Gallery provides physical greeting cards and related products that contain embedded smart-chip technology linking to digital galleries where users may upload and share photos, voice recordings, written messages, and other media.

The first person who activates a card by scanning or tapping the device becomes the designated "Creator" of that gallery. The Creator controls gallery configuration, including privacy settings and access credentials.

Subsequent users may access gallery content subject to permissions established by the Creator.

3. Eligibility

You must be at least thirteen (13) years of age to use the Service. If you are under the age of majority in your jurisdiction, you may use the Service only with parental or legal guardian consent.

4. User Content

You retain ownership of all content you upload ("User Content").

By uploading User Content, you grant Memory Gallery a limited, non-exclusive, worldwide license to host, store, process, encrypt, transmit, and display such content solely for the purpose of operating and improving the Service.

You represent and warrant that:

• You own or have all necessary rights to upload the content.
• Your content does not violate any law or third-party rights.

You are solely responsible for all User Content.

5. Acceptable Use

You agree not to upload or transmit content that:

• infringes intellectual property rights;
• is unlawful, harmful, threatening, abusive, or defamatory;
• contains non-consensual intimate content;
• impersonates another person;
• violates privacy or publicity rights.

Memory Gallery reserves the right to remove or restrict content that violates these Terms.

6. Copyright Policy (DMCA)

Memory Gallery respects intellectual property rights. If you believe content hosted on the Service infringes your copyright, you may submit a notice including:

• identification of the copyrighted work;
• location of the allegedly infringing material;
• your contact information;
• a statement of good faith belief;
• a statement under penalty of perjury that the information is accurate;
• your electronic or physical signature.

Upon receiving a valid notice, we may remove or disable access to the material.

7. Encryption & Security

Certain galleries may use encryption designed to protect user content. Due to encryption design, Memory Gallery may be unable to access or recover encrypted content.

Users are responsible for maintaining passwords or access credentials. Loss of credentials may result in permanent loss of access to content.

While we implement security measures, no system is completely secure, and we cannot guarantee absolute protection against unauthorized access.

8. Physical Product Use

Memory Gallery provides physical products containing smart-chip technology. We do not guarantee compatibility with all devices, operating systems, or readers.

Users are responsible for safeguarding physical products against loss, theft, or unauthorized access. Memory Gallery is not responsible for unauthorized scanning or misuse resulting from physical access to a product.

9. Data Storage & Availability

We strive to maintain content accessibility while the Service is operational. However, we do not guarantee perpetual or uninterrupted storage.

The Service may experience downtime, modification, or discontinuation for any reason. Users are responsible for maintaining backups of their content.

10. Service Modifications & Termination

We may modify, suspend, or discontinue the Service at any time.

We reserve the right to suspend or terminate access if users violate these Terms or applicable law.

11. Privacy

Use of the Service is also governed by our Privacy Policy, which describes how data is collected and processed.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

To the maximum extent permitted by law, Memory Gallery and its affiliates shall not be liable for indirect, incidental, special, consequential, or punitive damages.

Our total liability shall not exceed the amount paid by you to Memory Gallery in the twelve (12) months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless Memory Gallery from any claims arising from:

• your use of the Service;
• your User Content;
• violation of these Terms.

15. Governing Law

These Terms shall be governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles.

16. Changes to Terms

We may update these Terms from time to time. Continued use after updates constitutes acceptance of revised Terms.

Contact

If you have any questions about these Terms, please contact us at support@memorygallery.app.