Términos del servicio
Terms of Service
Last updated: December 11, 2025
Please read these Terms of Service ("Terms") carefully before using our websites, services, and products. By accessing or using any part of the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
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## 1. Definitions
**Company**: Memorygram, Inc. ("Memorygram", "we", "our", or "us"), 3571 Far W Blvd, Austin, TX 78731, United States.
**Service**: Our websites and online properties, including https://memorygram.com, https://checkout.memorygram.com, related subdomains (for example, https://familydial.memorygram.com), and all products and services we offer, including but not limited to Memorygram Legacy Books, medallions, FamilyDial SMS and call services, digital tributes, subscriptions, and associated software, tools, and content.
**User / You**: Any individual or legal entity accessing or using the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.
**Account**: A registered user profile created to access or manage certain parts of the Service.
**Subscription**: A recurring paid service that includes access to features, recurring deliverables, or periodic communications.
**Content**: Any text, audio, video, photo, story, message, data, or other material uploaded, recorded, submitted, or otherwise made available through the Service by you or on your behalf, including content about third parties.
**Order**: A purchase of any physical or digital product through the Service, including Books, medallions, digital files, or related services.
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## 2. Acceptance of Terms and Eligibility
By using the Service, you agree to be bound by these Terms and our Privacy Policy, located at https://checkout.memorygram.com/policies/privacy-policy, which is incorporated into these Terms by reference.
You affirm that:
- You are at least 18 years old, and
- You are legally capable of entering into a binding contract.
If you are under 18, you may not use the Service.
By using the Service, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy, including transfer and processing of your information in the United States and other jurisdictions where we and our service providers operate.
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## 3. Accounts and Security
To use certain features of the Service, you may need to create an Account and provide accurate, current, and complete information.
You agree that:
- You are responsible for maintaining the confidentiality of your login credentials.
- You are responsible for all activities that occur under your Account.
- You will notify us promptly at hello@memorygram.com if you suspect any unauthorized use of your Account.
We may suspend, restrict, or terminate your Account if we believe you have violated these Terms or engaged in fraudulent, abusive, or unlawful activity.
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## 4. Subscriptions and Billing
Some parts of the Service, including FamilyDial and certain Memorygram offerings, are available only with a paid Subscription.
By starting a Subscription, you agree that:
- You will be billed in advance on a recurring basis (for example, monthly or annually) at the then-current rate, plus applicable taxes.
- Your Subscription will renew automatically at the end of each billing period unless you cancel before the renewal date.
- You authorize us and our payment processors to charge your selected payment method for all applicable fees.
You may cancel a Subscription at any time through your Account settings or by contacting us. Cancellation will stop future renewals but will not automatically entitle you to a refund for the current billing period.
We reserve the right to change Subscription pricing and features, with reasonable advance notice where required by law. Continued use of the Service after changes take effect constitutes your acceptance of the new pricing and terms.
Refunds for Subscriptions and Orders are provided at our sole discretion except where required by law. For more information, see our Refund Policy at:
https://checkout.memorygram.com/policies/refund-policy
If payment cannot be processed, we may suspend or terminate your access to the Service until payment issues are resolved.
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## 5. Orders, Production, Proof Approval, Shipping and Promotions
### 5.1 Orders and Payment
By placing an Order for any physical or digital product, you represent and warrant that:
- You are legally authorized to use the payment method provided.
- All information you provide in connection with the Order is accurate, complete, and current.
We reserve the right to refuse or cancel any Order in our sole discretion, including for suspected fraud, pricing or availability errors, or violation of these Terms.
All prices are listed in U.S. dollars unless stated otherwise and are subject to change at any time prior to Order confirmation.
### 5.2 Proof Approval and User Content Errors
Before printing a Book or other custom product, we provide a digital proof (for example, PDF files for the cover and interior pages).
By placing your final Order after reviewing these proofs, you expressly agree that:
- You have fully reviewed the interior and cover proofs, including all text, photos, formatting, and layout.
- You approve the proofs for printing.
- You understand that Memorygram is not responsible for any errors that existed in the proofs at the time of your approval, including but not limited to user-created content errors, typos, factual inaccuracies, photo selection or placement, layout choices, or formatting issues.
We will correct and reprint, at our expense, only when there is a clear manufacturing defect or production error caused by us or our printing partners (for example, materially incorrect trim, major print defects, or binding failures inconsistent with the approved proof). User content-related issues that appear in the approved proof are not considered manufacturing defects and are not eligible for free reprints or refunds.
You are solely responsible for verifying that all names, dates, spellings, photos, and stories in your proofs are accurate before you approve them.
### 5.3 Color, Layout, and Print Variations
You acknowledge and agree that:
- Colors may appear differently in print than on screen due to differences in display settings, color profiles, and printing processes.
- Minor variations in color, crop, trim, and layout that fall within industry-standard tolerances are not considered defects and do not entitle you to a reprint or refund.
We will use commercially reasonable efforts to ensure that printed products are consistent with the approved proofs and meet the specifications of our printing partners.
### 5.4 Shipping, Risk of Loss, and Incorrect Addresses
We will arrange shipment of physical products to the address you provide at checkout.
Unless prohibited by law, risk of loss and title for products pass to you when the shipment is accepted by the carrier (for example, USPS, UPS, FedEx). Once a package has been marked as accepted or in transit by the carrier:
- We are not responsible for loss, theft, damage, or misdelivery that occurs while the package is in transit or after it is marked delivered.
- We may, at our discretion, assist you in filing a claim with the carrier or offer a discounted reprint and reshipment, but we are not obligated to do so.
You are solely responsible for providing a correct and complete shipping address. If you provide an incorrect or incomplete address that results in delay, loss, or return of the shipment, we are not responsible and any re-shipment may require additional payment.
For international shipments, you are responsible for any customs duties, taxes, or import fees imposed by the destination country.
### 5.5 Promotional Pricing and Sales
From time to time we may offer promotional pricing, discount codes, limited time offers, or other special promotions (collectively, "Promotions"). Promotions may be subject to additional terms that we will present at the time of the offer.
Unless expressly stated otherwise:
- Promotions apply only to qualifying purchases made during the stated promotional period, while supplies last.
- Promotions cannot be combined with other offers, discounts, or credits.
- Promotions have no cash value and cannot be redeemed for cash.
Any "sale ends" dates, countdown timers, or similar messaging that we display are intended to communicate the current promotional period and to encourage customers to decide within a reasonable timeframe. We reserve the right, in our sole discretion, to modify, extend, shorten, suspend, or reintroduce any Promotion at any time, including after a countdown timer has expired or a stated end date has passed.
The fact that a Promotion is extended, repeated, or reintroduced does not create any obligation for us to maintain any particular price for any specific customer and does not entitle you to a refund or price adjustment on past Orders. Pricing and Promotions are subject to change at any time prior to the completion of your checkout for that Order.
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## 6. FamilyDial and Communications Features
### 6.1 Operational Communications Only
FamilyDial and other communication features in the Service are intended for operational and transactional purposes, such as:
- Scheduled reminder texts or calls
- Notifications related to your Account, Subscription, or Orders
- Service-related updates, confirmations, or alerts
We do not use FamilyDial or similar communication features to send marketing or promotional text messages without a separate, explicit opt in where required by law. We reserve the right to introduce optional marketing communications in the future using a separate consent process.
### 6.2 Use of Third Party Phone Numbers
FamilyDial and other features may allow you to input phone numbers of third parties (for example, family members you want to remind to call or that you want to receive reminders).
By providing any phone number or contact information for another person, you represent and warrant that:
- You have obtained all necessary permissions and consents from that person to receive automated calls or text messages from or via the Service, as required by applicable law.
- You will honor opt out and unsubscribe requests from that person, including when they reply "STOP" or similar keywords where available.
- You will not use the Service to send unwanted, unlawful, or harassing communications.
You are solely responsible for all use of third party phone numbers that you submit through the Service and for compliance with any applicable telemarketing, anti-spam, and privacy laws.
### 6.3 SMS Terms, Opt Out, and Carrier Disclaimers
By providing your mobile number to us, you consent to receive operational and transactional SMS messages related to the Service, such as login codes, reminders, and updates about your Account, Subscription, and Orders. Message and data rates may apply. Message frequency will vary depending on your selected settings and use of the Service.
You can opt out of certain SMS communications by following the instructions in the message, such as replying "STOP" where available. You may still receive important Account, security, and transactional messages even if you opt out of some SMS messages, as permitted by law.
Delivery of SMS messages is subject to the effective functioning of mobile carriers and networks. We and our third party providers do not guarantee that messages will be delivered and are not liable for any delays, failures, or misdeliveries of SMS or calls.
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## 7. User Content and License
You may upload, record, or otherwise provide Content to the Service, including stories, voice recordings, photos, and other materials.
You retain ownership of your Content. By submitting Content to the Service, you grant Memorygram a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, format, and create derivative works from such Content solely:
- To provide, operate, and improve the Service for you and your authorized collaborators;
- To create, manufacture, and deliver your ordered products (for example, Books, medallions, digital files, and audio compilations);
- To maintain backups, ensure security, and comply with legal or regulatory obligations.
We do not obtain any automatic right under these Terms to use your Content in public marketing or promotional materials. If we wish to use a story, quote, image, or other Content for marketing, we will request your separate, explicit permission and such use will be governed by that specific consent.
You represent and warrant that:
- You have all necessary rights, consents, and permissions to submit the Content to the Service and to grant the license above.
- Your Content does not infringe or violate any third party rights, including copyrights, trademarks, privacy rights, or publicity rights.
- Your Content does not contain unlawful, obscene, defamatory, hateful, or otherwise objectionable material.
We may, but are not obligated to, remove or restrict access to any Content that we believe violates these Terms or applicable law.
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## 8. Acceptable Use
You agree not to use the Service:
- To upload, transmit, or store any Content that is unlawful, defamatory, harassing, obscene, hateful, or otherwise objectionable.
- To upload or use Content that you do not have the right to use, including where your use infringes any intellectual property or privacy rights.
- To harass, threaten, or abuse Memorygram staff or other users.
- To send spam, unsolicited commercial messages, or communications that violate telemarketing, anti-spam, or privacy laws.
- To attempt to reverse engineer, decompile, or otherwise interfere with the operation or security of the Service.
- To circumvent or attempt to circumvent any access controls, rate limits, or usage restrictions.
- To use any automated system (for example, bots, crawlers, or scrapers) to access the Service in a manner that substantially exceeds typical human usage.
We may investigate and take appropriate action, which may include removing Content, suspending or terminating Accounts, and cooperating with law enforcement.
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## 9. Intellectual Property
The Service, including all software, code, visual interfaces, trademarks, logos, and content provided by Memorygram (other than your Content) is owned by Memorygram or its licensors and is protected by intellectual property and other laws.
You may not:
- Copy, modify, distribute, sell, lease, or create derivative works based on the Service or any part thereof, except as expressly allowed by these Terms.
- Use any Memorygram or FamilyDial trademarks, logos, or branding without our prior written permission.
Nothing in these Terms grants you any right, title, or interest in or to the Service, other than the limited right to use it in accordance with these Terms.
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## 10. Third Party Services and AI Processing
We use third party service providers to operate and improve the Service. These may include:
- Cloud hosting and storage providers
- Payment processors
- Transcription and artificial intelligence services
- SMS and telephony providers
Your use of the Service may involve the processing of your Content and information by these third parties acting on our behalf. We use commercially reasonable efforts to ensure such providers are bound by appropriate confidentiality and data protection obligations and that they use your information only as necessary to provide services to us and to you, in accordance with our Privacy Policy.
Details about how we share and process data with third parties are provided in our Privacy Policy at:
https://checkout.memorygram.com/policies/privacy-policy
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## 11. Data Retention, Access, and Deletion
We may retain your Content and Account information for as long as reasonably necessary to:
- Provide, maintain, and improve the Service;
- Operate your Subscriptions and Orders;
- Comply with legal, accounting, or reporting obligations;
- Enforce our agreements and resolve disputes.
Completed Books, recordings, and related project data may remain accessible in read-only form after a Subscription ends, as long as your Account remains active, subject to system and storage limitations and these Terms. We do not guarantee that any particular Content will remain available indefinitely.
You are responsible for exporting or downloading any Content you wish to keep. We are not responsible for loss or deletion of Content.
You may request deletion of your Content or Account by contacting us, subject to our need to retain certain data for legal or operational reasons. Deleting your Account or Content does not affect Books or other products that have already been printed, shipped, or distributed.
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## 12. No Professional Advice and No Emergency Services
The Service and any information provided through it are for informational and storytelling purposes only.
You agree that:
- Memorygram does not provide medical, mental health, legal, financial, or other professional advice.
- You will not rely on the Service as a substitute for professional advice, diagnosis, or treatment from qualified professionals.
FamilyDial and any communications features in the Service:
- Are not emergency or crisis services and must not be used to contact emergency responders or as a substitute for calling 911 or any similar number.
- May experience delays, failures, or disruptions and are not suitable for time-sensitive or life critical situations.
If you or someone else is in danger or experiencing a medical or mental health emergency, call your local emergency number immediately.
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## 13. “AS IS” Disclaimer
To the fullest extent permitted by law, the Service and all related products and content are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory.
Without limiting the foregoing, we do not make any warranties regarding:
- The accuracy, completeness, or reliability of any content or output produced through the Service, including any transcriptions, rewrites, or AI generated text.
- Uninterrupted, secure, or error free operation of the Service.
- The suitability of the Service for your particular purpose.
Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the above exclusions may not apply to you to the extent they are prohibited by law.
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## 14. Limitation of Liability
To the fullest extent permitted by law, Memorygram and its officers, directors, employees, agents, and affiliates are not liable for any:
- Indirect, incidental, special, consequential, or punitive damages, or
- Loss of profits, revenue, data, goodwill, or other intangible losses,
arising out of or related to your use of or inability to use the Service, your Orders, or these Terms, even if we have been advised of the possibility of such damages.
In no event will our total liability for all claims relating to the Service exceed the greater of:
- One hundred U.S. dollars (100 USD), or
- The amount you paid to Memorygram for the Service in the twelve month period preceding the event giving rise to the claim.
Some jurisdictions do not allow limitations on certain damages. In such cases, the above limitations may not apply to you to the extent they are prohibited by law.
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## 15. Indemnification
You agree to indemnify, defend, and hold harmless Memorygram and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- Your use of the Service or products;
- Your Content, including any Content about or relating to third parties;
- Any phone numbers or contact information you submit or cause to be submitted to the Service;
- Your violation of these Terms or any applicable law or regulation;
- Your infringement or violation of any third party right, including intellectual property, privacy, or publicity rights.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
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## 16. Dispute Resolution, Arbitration, and Class Action Waiver
### 16.1 Informal Resolution
Before initiating any formal dispute resolution process, you agree to first contact us at hello@memorygram.com and provide a brief written description of the dispute and your contact information. We will use commercially reasonable efforts to resolve the dispute informally within sixty (60) days.
### 16.2 Binding Arbitration
If we cannot resolve the dispute informally, and except as provided below, you and Memorygram agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved through informal negotiation will be resolved by binding individual arbitration.
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, except as modified by these Terms. The arbitration will take place in Austin, Texas, or through remote proceedings where permitted by the AAA rules.
You and Memorygram agree that the arbitrator has the authority to determine issues of arbitrability and jurisdiction but may not consolidate claims or otherwise preside over any form of representative or class action.
### 16.3 Class Action Waiver
To the fullest extent permitted by law, you and Memorygram agree that:
- All claims will be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.
- The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If a court determines that this class action waiver is unenforceable as to a particular claim or request for relief, that claim or request (and only that claim or request) must be brought in a court of competent jurisdiction, and not in arbitration.
### 16.4 Small Claims Court
Either party may bring an individual action in small claims court in Travis County, Texas, if the claim meets the small claims court’s requirements and remains on an individual basis.
### 16.5 Time Limit to Bring Claims
To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the cause of action accrues. Otherwise, such claim is permanently barred.
### 16.6 Non United States Users
If you reside outside the United States, the arbitration provisions of this Section 16 may not apply to you to the extent they are prohibited by the laws of your country of residence. In such cases, disputes will be resolved in accordance with the mandatory laws of your country, where applicable.
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## 17. DMCA and Copyright Complaints
If you believe that Content on the Service infringes your copyright, you may submit a notification in accordance with the Digital Millennium Copyright Act (DMCA) to our designated agent:
Copyright Agent
Memorygram, Inc.
3571 Far W Blvd
Austin, TX 78731
United States
Email: hello@memorygram.com
Your notice must include the information required under 17 U.S.C. § 512(c)(3). We may remove or disable access to allegedly infringing Content and may terminate Accounts of repeat infringers in appropriate circumstances.
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## 18. Force Majeure
We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes or labor disputes, Internet or telecommunications failures, third party service interruptions, power outages, pandemics, or governmental actions.
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## 19. Assignment
You may not assign or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this Section is null and void.
We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
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## 20. Governing Law
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Texas, without regard to its conflict of laws principles, except where the laws of another jurisdiction are mandatorily applicable.
Subject to the arbitration provisions above, you agree that the exclusive jurisdiction for any claim or dispute not subject to arbitration will be the state and federal courts located in Austin, Texas, and you consent to the personal jurisdiction of such courts.
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## 21. Electronic Communications
By using the Service, you consent to receiving electronic communications from us, including notices about your Account, Orders, Subscriptions, and the Service. These communications may be delivered by email, SMS, or by postings within the Service.
You agree that any notices, agreements, disclosures, or other communications that we send to you electronically satisfy any legal communication requirements that such communications be in writing.
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## 22. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on our websites and, when required by law, by additional means such as email.
Unless otherwise stated, changes will take effect thirty (30) days after posting. Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.
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## 23. Miscellaneous
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms is not a waiver of such right or provision.
These Terms, together with the Privacy Policy and Refund Policy and any additional terms or policies referenced or incorporated herein, constitute the entire agreement between you and Memorygram regarding the Service and supersede any prior agreements or understandings relating to the Service.
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## 24. Contact Us
If you have questions about these Terms or the Service, you can contact us at:
Email: hello@memorygram.com
Website: https://memorygram.com
Mail: Memorygram, Inc., 3571 Far W Blvd, Austin, TX 78731, United States