Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Memento ("we," "our," or "us") governing your access to and use of the Memento application, website at mementosite.me, and all related services (collectively, the "Service"). Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

You must be at least 13 years of age (or the minimum age of digital consent in your jurisdiction, whichever is higher) to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. 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. Description of Service

Memento is a privacy-focused productivity workspace that provides encrypted note-taking with rich Markdown editing, a secure credential vault, link management, and cross-device synchronization. The Service operates on a zero-knowledge encryption architecture, meaning the content of your notes, vault items, AI prompts and attachments is encrypted on your device before transmission, and we cannot access that content in plaintext. Some information, such as titles, tags, folder names and saved links, is stored unencrypted so the Service can organize it; our Security page lists what we can see.

4. User Accounts

4.1 Registration

To access certain features of the Service, you must create an account by providing a valid email address and creating a password. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and device encryption keys. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.3 Encryption Key Responsibility

Due to our zero-knowledge architecture, encryption keys are generated and stored locally on your device. We do not have access to your encryption keys and cannot recover them. If you lose access to your encryption keys and have not configured backup recovery mechanisms, your encrypted data will be permanently and irreversibly inaccessible. You acknowledge and accept this risk.

5. User Content and Data Ownership

5.1 Ownership

You retain all ownership rights to the content you create, upload, or store using the Service ("User Content"). We do not claim any ownership interest in your User Content. Content that is encrypted on your device cannot be accessed, viewed, or used by us.

5.2 License Grant

You grant us a limited, non-exclusive license to store and transmit your encrypted User Content solely for the purpose of providing the Service (e.g., encrypted cloud sync, encrypted backups). This license terminates when you delete your content or your account.

5.3 Data Portability

You may export your data at any time in standard, machine-readable formats (JSON, Markdown) through the Service's export functionality.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Store, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Store or distribute malicious software, viruses, or any code designed to harm computer systems
• Attempt to gain unauthorized access to other users' accounts, data, or encryption keys
• Interfere with, disrupt, or place an undue burden on the Service or its infrastructure
• Use automated systems, bots, or scrapers to access the Service without our prior written consent
• Circumvent, disable, or otherwise interfere with security-related features of the Service
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity

We reserve the right to suspend or terminate accounts that violate these terms, with or without prior notice, depending on the severity of the violation.

7. Intellectual Property

The Service, including its original content (excluding User Content), features, functionality, design, and underlying technology, is and shall remain the exclusive property of Memento and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

8. Service Availability and Modifications

8.1 Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted, error-free, or secure access at all times. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our reasonable control. Memento's offline-first architecture ensures your locally cached data remains accessible on your device during service interruptions.

8.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes that may affect your use of the Service.

9. Fees and Payment

Certain features of the Service may require payment. If you purchase a paid plan, you agree to pay all applicable fees as described at the time of purchase. Fees are non-refundable except as required by applicable law or as explicitly stated in our refund policy. We reserve the right to change our pricing with 30 days' advance notice.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEMENTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS 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, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY DATA LOSS RESULTING FROM LOST ENCRYPTION KEYS, DEVICE FAILURES, OR YOUR FAILURE TO MAINTAIN BACKUP RECOVERY MECHANISMS.

12. Indemnification

You agree to indemnify, defend, and hold harmless Memento and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your User Content.

13. Termination

13.1 By You

You may terminate your account at any time through the Settings page in the Service. Upon termination, you may export your data prior to deletion.

13.2 By Us

We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, if you breach these Terms or engage in conduct that we determine, in our sole discretion, is harmful to the Service, other users, or third parties.

13.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. All associated data (account information, encrypted content, and metadata) will be permanently deleted from our servers within 30 days of termination. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5.1, 10, 11, 12, and 15.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Memento is established, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration association, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.

15. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Memento regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be 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. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a revised "Last Updated" date and, for material changes, by sending an email notification to the address associated with your account at least 30 days before the changes take effect. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.

17. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: