Términos del servicio

Terms of Service

Last updated: August 25, 2026

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.

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, https://medallions.memorygram.com, and https://memorials.memorygram.com), and all products and services we offer, including but not limited to Memorygram Legacy Books, Tribute Books, Honor Books, medallions and engraved memorial products, FamilyDial SMS and call services, our obituary builder, 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.

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. If you participate in our marketing text message program, our Mobile Terms of Service, located at https://memorygram-thkxiy.myklpages.com/p/mobile-terms-of-service, are also incorporated by reference and govern that program.

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.

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.

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.

How to cancel. You may cancel a Subscription at any time through your Account settings, or by emailing hello@memorygram.com. If you signed up online, you may cancel online through the same or a substantially similar method, without speaking to a representative and without completing any additional retention steps. Cancellation takes effect at the end of your current billing period. 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.

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.

This applies equally to content that was drafted, transcribed, rewritten, or otherwise generated with the assistance of automated or artificial intelligence tools. Such tools can produce errors, including factual errors, and any content they produce is a draft for your review. Your approval of the proof is your confirmation that the content is accurate and is what you want printed.

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.

We may modify, extend, shorten, or suspend a Promotion, and we may end a Promotion early. Pricing and Promotions are subject to change at any time prior to the completion of your checkout for that Order. Changes to a Promotion do not entitle you to a refund or price adjustment on Orders already placed.

6. FamilyDial and Communications Features

6.1 Types of Communications

We send two categories of messages through the Service:

Service and transactional messages, such as login codes, scheduled FamilyDial reminders, order confirmations, shipping updates, and notifications about your Account or Subscription. These are sent as part of providing the Service.

Marketing and promotional messages, such as offers, specials, and abandoned cart reminders. These are sent only to users who have separately opted in to our marketing text message program, and only for as long as that consent remains in effect.

Enrolling in our marketing text message program is entirely voluntary and is never a condition of purchase.

6.2 Marketing Text Message Program

Our marketing text message program is governed by our Mobile Terms of Service, available at https://memorygram-thkxiy.myklpages.com/p/mobile-terms-of-service, which are incorporated into these Terms by reference.

By opting in through a signup form, popup, checkout field, or other consent mechanism, you agree to receive recurring automated marketing and service text messages from Memorygram at the mobile number you provide, sent using an automatic telephone dialing system or similar technology, even if that number is registered on a state or federal Do Not Call list. Message frequency varies. Message and data rates may apply.

You represent that you are the account holder of the mobile number you provide, or that you have the account holder's permission to enroll it. If your number changes or is reassigned, you agree to notify us so we can update our records.

To stop receiving messages, reply STOP to any message or text STOP to +1 (877) 550-6199. For help, reply HELP, text HELP to +1 (877) 550-6199, or email hello@memorygram.com. Opting out of marketing messages does not stop service and transactional messages, which you may continue to receive as permitted by law.

6.3 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, including the Telephone Consumer Protection Act and any applicable state equivalents.
The number you provide belongs to that person and is current.
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. Your indemnification obligations in Section 16 apply to any claim arising from numbers you submit.

6.4 Carrier Disclaimers

Delivery of SMS messages and calls 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. We may change any short code or telephone number used to operate our messaging services, and messages you send to a number we have changed may not be received.

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, transcribe, synthesize, 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, audio compilations, and synthesized audio in a voice you provide);
To maintain backups, ensure security, and comply with legal or regulatory obligations.

This license includes the right to generate and store a voice model derived from audio you provide, where you have requested a product or feature that uses one. Any such model is used only to produce audio for your account and is deleted when you delete your Account or when you request its deletion.

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, including any post-mortem rights of publicity in a deceased person's name, image, or voice.
Your Content does not contain unlawful, obscene, defamatory, hateful, or otherwise objectionable material.

Some features of the Service, including our obituary builder and QR-linked medallions, are designed to produce content that is publicly viewable or accessible to anyone with a link or the ability to scan a code. You are responsible for what you choose to publish or make accessible in this way.

We may, but are not obligated to, remove or restrict access to any Content that we believe violates these Terms or applicable law.

8. Voice, Fingerprint, and Biometric Information

Some products involve recordings of a person's voice, or images of a fingerprint, heartbeat, or soundwave used for engraving or playback. Certain laws treat this information as biometric information and give it special protection.

Purpose and use. We collect this information only when you provide it for a specific product, and we use it only to create that product and operate the features you requested, such as QR code playback or synthesized audio in a chosen voice. We do not use it to identify anyone, we do not use it for advertising or profiling, and we do not sell it. We disclose it only to the service providers and technology partners who help produce your product, under contracts limiting them to that purpose.

Retention and destruction. We retain this information for as long as your Account is active so that the features in your products continue to work. We destroy it when you delete your Account, when you request deletion by emailing hello@memorygram.com, or when the purpose for collection has been satisfied, whichever occurs first. Our full retention schedule is published in our Privacy Policy. Deletion may disable playback features in products you have already received.

Your representations. When you submit a voice recording, fingerprint image, or similar material relating to another person, including a person who has passed away, you represent and warrant that:

You are that person, or you have obtained that person's informed written consent, or you have legal authority to act on behalf of that person or their estate;
You have disclosed to that person, where they are living, the purpose of the collection and how long the information will be retained; and
You are authorized to grant us the rights described in these Terms with respect to that material.

We rely on these representations when we produce your product. Your indemnification obligations in Section 16 apply to any claim arising from material you submit under this Section.

If you cannot make these representations, do not submit the material. Contact us at hello@memorygram.com and we will discuss alternatives.

9. 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 create synthesized audio or other material that impersonates a person without their consent or the consent of their estate, or that is intended to deceive.
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.

10. 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.

11. 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, voice synthesis, and artificial intelligence services
SMS and telephony providers
Printing, engraving, and fulfillment partners
Email and SMS marketing platforms

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

12. 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.

Retention of biometric information is governed by Section 8 and by the schedule published in our Privacy Policy.

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.

13. 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.

14. "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, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

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, synthesized audio, 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.

15. 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.

16. 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 voice recording, fingerprint image, or similar material you submit relating to another person, including any claim brought under a biometric privacy statute;
Any phone numbers or contact information you submit or cause to be submitted to the Service, including any claim brought under the Telephone Consumer Protection Act or a state equivalent;
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, including post-mortem rights of publicity.

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.

17. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF THIS SECTION UNDER SECTION 17.2.

17.1 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, the relief you are seeking, and your contact information. We will use commercially reasonable efforts to resolve the dispute informally within sixty (60) days. If we have a dispute with you, we will contact you at the email address associated with your Account and follow the same process. Either party may then proceed under Section 17.3.

17.2 Your Right to Opt Out of Arbitration

You may opt out of this Section 17 by sending written notice to hello@memorygram.com with the subject line "Arbitration Opt-Out" within thirty (30) days of the date you first accept these Terms. Your notice must include your name, the email address associated with your Account, and a statement that you wish to opt out of arbitration.

Opting out will not affect any other part of these Terms, and it will not affect your use of the Service in any way. If you opt out, disputes between you and Memorygram will be resolved in the courts identified in Section 21.

17.3 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 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. Arbitration may be conducted through documents only, by telephone or videoconference, or in person. Any in-person hearing will be held in the county where you reside, or at another location that you and Memorygram agree on, unless you choose to have it held in Austin, Texas. You will never be required to travel outside the county in which you reside.

Payment of filing, administration, and arbitrator fees will be governed by the AAA rules. Where those rules require us to pay a greater share of the fees, we will do so.

You and Memorygram agree that the arbitrator has the authority to determine issues of arbitrability and jurisdiction, and to award any relief available in a court of competent jurisdiction on an individual basis, but may not consolidate claims or preside over any form of representative or class action except as provided in Section 17.5.

17.4 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. The remainder of this Section 17 will continue to apply to all other claims.

17.5 Coordinated Filings and Batching

If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against Memorygram by or with the assistance of the same law firm or coordinated group of firms within a ninety (90) day period, the following procedures apply and take precedence over any conflicting AAA rule:

Batching. The demands will be grouped into batches of no more than fifty (50) claimants each. Each batch will be treated as a single arbitration with a single arbitrator, a single set of filing and administrative fees, and a single hearing.

Bellwether process. The parties will first arbitrate one batch consisting of up to ten (10) claims, five (5) selected by claimants' counsel and five (5) selected by Memorygram. The remaining demands will be held in abeyance and no fees will accrue on them during this period.

Mediation after bellwether. Within thirty (30) days after the bellwether awards are issued, the parties will engage in a single global mediation session for the remaining claims. Any applicable statute of limitations is tolled for all held claims from the date the first demand in the group is filed until sixty (60) days after that mediation concludes.

If batching is not honored. If the arbitration provider will not administer these procedures, either party may elect to have the affected claims proceed in a court of competent jurisdiction, and Section 17.4 will continue to apply in that forum to the fullest extent permitted by law.

17.6 Small Claims Court

Either party may bring an individual action in small claims court in the county where you reside or in Travis County, Texas, if the claim meets that court's requirements and remains on an individual basis.

17.7 Injunctive Relief for Intellectual Property

Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

17.8 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. This limitation does not apply where a longer period is required by a statute that cannot be shortened by agreement.

17.9 Non United States Users

If you reside outside the United States, the arbitration provisions of this Section 17 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.

17.10 Survival

This Section 17 survives termination of these Terms and closure of your Account.

18. 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:

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.

If you believe Content was removed in error, you may submit a counter-notification to the same agent containing the information required under 17 U.S.C. § 512(g)(3).

19. 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.

20. 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.

21. 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. The Federal Arbitration Act governs the interpretation and enforcement of Section 17.

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.

22. 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.

23. 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.

Changes to Section 17 will not apply to any dispute of which we had actual notice before the effective date of the change.

24. 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, Refund Policy, Mobile Terms of Service, 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.

25. 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