Terms & Conditions

1. Acceptance of Terms

Welcome to Memorium, operated by Sintonik Technosoft, a proprietorship registered in India. By accessing or using our memory preservation and sharing platform ("Service"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and Sintonik Technosoft ("we," "our," or "us").

2. Eligibility

To use Memorium, you must:

• Be at least 13 years old (or 16 in the European Economic Area)
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

3.1 Account Creation

You must create an account to use Memorium. You agree to provide accurate, current, and complete information during registration and keep your account information updated.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

You may delete your account at any time through your account settings. We may suspend or terminate your account if you violate these Terms or engage in harmful behavior.

4. Service Description

Memorium provides a platform for:

• Creating and managing memory circles (family trees and social networks)
• Uploading and organizing photos, videos, and audio recordings
• Sharing memories with selected individuals or groups
• Visualizing relationships through interactive graphics
• Preserving digital content for future generations

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice when possible.

5. User Content and Rights

5.1 Your Content

You retain all ownership rights to the content you upload ("User Content"), including photos, videos, audio, text, and other materials. By uploading User Content, you grant us a limited license to:

• Store, process, and display your content as necessary to provide the Service
• Create backups and derivative formats (e.g., thumbnails, compressed versions)
• Share your content with users you designate according to your privacy settings

This license terminates when you delete your content or account (except for content shared with other users who have made copies, and content retained in backups for up to 90 days).

5.2 Content Restrictions

You agree not to upload content that:

• Infringes on intellectual property rights of others
• Contains illegal material or promotes illegal activities
• Is hateful, discriminatory, or promotes violence
• Contains malware, viruses, or harmful code
• Violates privacy rights of others
• Is sexually explicit involving minors
• Impersonates others or misrepresents your identity

5.3 Content Monitoring

While we don't actively monitor all user content, we reserve the right to review content and remove anything that violates these Terms. We may also report illegal content to law enforcement.

5.4 Third-Party Rights

You represent that you have all necessary rights, licenses, and permissions for the content you upload, including rights to people's images and likenesses in photos and videos.

6. Privacy and Sharing

You control who can see your memories through our privacy settings. Please review our Privacy Policy for detailed information about how we handle your data.

Important: Once you share content with other users, they may download or save it. We cannot control what they do with content after you've shared it. Share responsibly.

7. Subscription Plans and Payments

7.1 Free and Paid Plans

Memorium offers both free and paid subscription plans. Plan features and limitations are described on our pricing page and may change with notice.

7.2 Billing and Payments

• Paid subscriptions are billed in advance on a monthly or annual basis
• Payments are processed through Razorpay
• You authorize us to charge your payment method for recurring subscriptions
• All fees are non-refundable except as required by law
• Prices may change with 30 days' notice

7.3 Free Trials

We may offer free trials for paid plans. If you don't cancel before the trial ends, you will be charged the subscription fee. We'll remind you before charging.

7.4 Cancellation and Refunds

You can cancel your subscription at any time. Upon cancellation:

• Your subscription continues until the end of the current billing period
• You will not be charged for subsequent periods
• Your account reverts to the free plan at the end of the paid period
• No refunds are provided for partial months/years

7.5 Payment Failures

If a payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may downgrade your account to the free plan, which may result in loss of access to certain content if it exceeds free plan limits.

8. Acceptable Use Policy

You agree not to:

• Use the Service for any illegal purpose
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use automated tools (bots, scrapers) without permission
• Reverse engineer or attempt to extract source code
• Create multiple accounts to evade restrictions
• Resell or commercialize the Service without authorization
• Upload excessive amounts of content to abuse storage limits
• Use the Service to spam or distribute malware

9. Intellectual Property

9.1 Our Rights

The Memorium platform, including its design, features, code, graphics, and trademarks, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or create derivative works without our permission.

9.2 Trademark

"Memorium" and our logos are trademarks. You may not use them without our written permission.

9.3 Copyright Infringement

We respect intellectual property rights. If you believe your copyright has been infringed, please contact us at [email protected] with:

• Description of the copyrighted work
• Location of the infringing material
• Your contact information
• Statement of good faith belief
• Statement of accuracy under penalty of perjury
• Your physical or electronic signature

10. Disclaimers and Limitations of Liability

10.1 Service Provided "As Is"

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, OR NON-INFRINGEMENT.

We do not guarantee that the Service will be uninterrupted, secure, or error-free. We are not responsible for content uploaded by users.

10.2 Data Loss

While we take reasonable measures to protect and backup your data, we cannot guarantee against data loss. You are responsible for maintaining your own backups of important content.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMORIUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ₹1,000, WHICHEVER IS GREATER.

10.4 Jurisdictional Limitations

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Memorium, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your User Content
• Your violation of any third-party rights

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

12.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, with arbitration proceedings in Greater Noida, Uttar Pradesh, India. The seat of arbitration shall be Greater Noida and the language shall be English.

Exception: Either party may seek injunctive relief in court for intellectual property violations or unauthorized access.

12.3 Consumer Rights

Nothing in these Terms affects your statutory consumer rights that cannot be waived by contract.

13. Termination

We may terminate or suspend your access to the Service immediately, without notice, for:

• Violation of these Terms
• Illegal activity
• Fraudulent behavior
• Harm to other users or the Service
• Non-payment of subscription fees

Upon termination, your right to use the Service ceases immediately. Provisions that should survive termination (including disclaimers, limitations of liability, and indemnification) will remain in effect.

14. Changes to Terms

We may revise these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms with a new "Last Updated" date
• Sending an email notification
• Displaying a prominent notice on the Service

Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you don't agree to the changes, you must stop using the Service and may delete your account.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Memorium regarding the Service.

15.2 Severability

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

15.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms without restriction.

15.5 Third-Party Services

The Service may contain links to third-party websites or services. We are not responsible for their content or practices.

15.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, or infrastructure failures.

16. Contact Information

If you have questions about these Terms, please contact us: