Terms of Use
These Terms of Use ("Terms") are an agreement between you and Memoir Audio, Inc., a Delaware corporation ("Memoir," "we," "us"). They govern memoir.audio, the Memoir app and recording sessions, the family listening page, and the memoirs we produce (together, the "Service"). By buying a plan, redeeming a gift or partner purchase, or using the Service, you agree to these Terms and to our Privacy Policy, which explains how we handle personal information and recordings. If you do not agree, please do not use Memoir.
1. Who can use Memoir
You must be at least 18 years old, or the age of majority where you live, to buy a plan or set up a memoir. The adult who buys or sets up a memoir is the "account holder." The person whose story is recorded is the "storyteller." They can be the same person, or you can set up a memoir for a parent or another loved one.
2. The storyteller's consent
A memoir is recorded in the storyteller's own voice, so their agreement matters more than anything else in these Terms.
- If the storyteller can decide for themselves, the account holder must explain what Memoir is and get the storyteller's agreement to take part, to be recorded, and to have their memoir made, before the first session. At the start of a session, the biographer also tells the storyteller that it is an AI interviewer and that the conversation is being recorded.
- If the storyteller cannot agree for themselves (for example because of dementia or another cognitive condition), the account holder confirms that they are legally authorized to agree on the storyteller's behalf, such as a guardian or someone holding a power of attorney, and that taking part is in the storyteller's interest and consistent with their wishes as far as they can be known.
- The storyteller can stop at any time. If the storyteller seems distressed, unwilling, or says they want to stop, the session should end. Either the storyteller or the account holder can ask us to pause the memoir or delete recordings, as described in section 8.
The account holder is also responsible for getting permission from anyone else whose voice, photo, or story is included, and a parent or guardian's permission for anyone under 18.
3. How the Service works, including AI
Memoir's interviews are conducted by an AI biographer: a computer-generated voice and conversation system, not a human. After recording, our production team, which includes people as well as AI and audio software, transcribes, edits, and produces the recordings into a finished audio memoir, which may include music, sound design, and photos you provide. We may make reasonable editorial and production choices to deliver a quality result.
The finished memoir uses the storyteller's real recorded voice. We do not create a synthetic or cloned version of the storyteller's voice, and we will not do so without separate, explicit consent.
Memoir is a keepsake and storytelling service. It is not a medical, therapeutic, or care service, and it does not diagnose, treat, or monitor any condition.
4. Plans and payment
Memoir is sold in one-time plans, currently Memory, Story, and Legacy, described on our site. Each is a single payment, not a subscription, for the recording time and features listed for that plan. Prices on memoir.audio are shown in U.S. dollars, and applicable taxes may be added at checkout. Payments are processed by our payment provider, Stripe, or, if you buy through a partner, by that partner; we do not store your full card details.
You have up to a year from purchase to record, and you may move up to a larger plan at any time by paying the difference. If you have not used your recording time within that year, contact us and we will work with you where we can.
5. Purchases through partners
Memoir may also be sold through partners, such as organizations or online stores in other countries (for example, a memoir purchased in Israel through a partner's store). When you buy through a partner:
- the partner is the seller, and its price, currency, payment, invoicing, and cancellation terms apply to the purchase itself;
- these Terms and our Privacy Policy apply to the Memoir Service you receive, and you will be asked to accept them when you set up your memoir;
- the partner will share the details needed to deliver your memoir with us, as described in our Privacy Policy.
If a partner's terms and these Terms differ about the purchase, the partner's terms apply to the purchase. We will work with the partner to handle any cancellation or refund you are entitled to.
6. The Memoir mic
Story and Legacy plans currently include a free Memoir mic, shipped within the United States. The mic is yours to keep. Availability and shipping regions may change.
7. Producing your memoir
Each plan is priced by recording time: Memory one hour, Story five hours, Legacy ten hours. Because we edit out filler words, false starts, pauses, repetitions, and technical issues such as background noise, the finished memoir is shorter than the recording time; one hour of recording typically becomes 40 to 60 minutes of finished audio. Length figures are estimates, not guarantees. We aim to deliver promptly, and we will tell you if something is going to take longer.
8. Your content, ownership, and control
Memoir does not claim ownership of the recordings, transcripts, photographs, or finished memoirs you create with Memoir. You grant us a limited license to store, process, transcribe, edit, and produce that content solely to provide the Service and keep your memoir available to you, including through the service providers listed in our Privacy Policy. This license ends when your content is deleted, except for copies we must keep by law or that remain for a limited time in backups.
We do not make your stories public without your permission, and we do not sell them.
Who decides. The account holder manages the memoir, including who it is shared with. While the storyteller is living, they or their authorized representative may ask us at any time to stop recording or to delete their recordings, and we will do so. After the storyteller's death, the account holder decides what happens to the memoir. If family members disagree about sharing, or about deleting a memoir after the storyteller's death, we may pause while the people involved sort it out.
Deleting content. You can ask us to delete a memoir or specific recordings at any time by emailing hello@memoir.audio. Once deleted, content cannot be recovered, so ask us for a copy first if you want one.
9. Keeping your memoir
We keep your memoir available on its private page until the account holder or storyteller asks us to delete it, and we will provide a copy of the finished audio on request. If we ever stop hosting memoirs, we will give account holders at least 90 days' notice by email and a way to download their memoir first.
10. Cancellations and refunds
- Before recording starts: if you change your mind before the first recording session, contact us and we will refund your payment, less the cost of any Memoir mic already shipped.
- After recording has begun: email hello@memoir.audio and we will work with you to make it right, which may include a partial refund reflecting the work not yet done.
Your legal rights come first. If the consumer protection law where you live gives you cancellation or refund rights, nothing in these Terms limits them. For example, consumers in Israel may cancel a distance purchase under the Israeli Consumer Protection Law, 5741-1981, and its regulations, including within 14 days (or four months for some consumers, such as those aged 65 and over, where the law provides), subject to the cancellation fees and exceptions that law allows. Purchases made through a partner are cancelled through that partner under section 5.
11. Promotions
We may occasionally offer free or promotional memoirs on the terms described in the promotion. They have no cash value and are not refundable.
12. Acceptable use
You agree not to misuse Memoir, including by submitting false information, recording anyone without the consent described in section 2, uploading unlawful or infringing content, attempting to disrupt or gain unauthorized access to the Service, or using it for any unlawful purpose. We may suspend or close an account that breaks these rules.
13. Intellectual property
The site, the Service, and their content, including text, design, graphics, logos, the AI biographer characters and voices, and the Memoir name, are owned by us or our licensors and are protected by applicable laws. You may not copy, reproduce, or distribute them without our permission. This does not affect your rights in your own recordings and stories, described above. The music we add to memoirs is licensed for personal, non-commercial use, such as listening with family.
14. Disclaimers
The site and Service are provided "as is" and "as available," without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that every story or detail will be captured.
15. Limitation of liability
To the fullest extent permitted by law, (a) Memoir will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of Memoir, and (b) our total liability for any claim relating to the Service will not exceed the amount paid for the memoir concerned. Some places do not allow these limits, so they may not apply to you, and nothing in these Terms limits liability that cannot be limited by law.
16. Suspension and termination
You may stop using the Service at any time. We may suspend or end access if these Terms are seriously breached, including recording someone without consent, or if the law requires it. If we end access without cause, we will refund the part of your payment for work not yet delivered.
17. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date above reflects the latest version. For material changes, we will email account holders before the changes take effect. Changes will not reduce what you receive under a plan you have already bought. Continued use of Memoir after changes means you accept the updated Terms.
18. Governing law and disputes
These Terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict-of-laws rules, and disputes will be brought in the applicable state courts located in New Jersey or the federal court for the District of New Jersey. However, if you are a consumer living outside the United States, you keep the protection of the mandatory laws of the country where you live, and you may bring a claim in the courts of that country. Before bringing any claim, please email us first so we can try to resolve it.
19. Other terms
These Terms and our Privacy Policy are the entire agreement between you and Memoir about the Service. If any part of these Terms is found unenforceable, the rest remains in effect.
20. Contact
Memoir Audio, Inc. · hello@memoir.audio