Terms of Service

Last updated: 03/05/2026
Effective date: 03/05/2026

These Terms of Service ("Terms") govern your use of the MemoryBites iOS application and related services ("Service") provided by [Your company or developer name] ("we", "us", or "our"). By downloading, installing, or using the app, you agree to these Terms. If you do not agree, do not use the Service.

1. Description of the Service

MemoryBites is an iOS app that lets you:

• Create an account and sign in (with email/password or via Google, Facebook, or Apple).
• Upload photos from your device to our servers for AI-based image generation.
• Receive and view AI-generated images, including in a "history" of your generations.
• Use optional features such as auto-upload and custom prompts, subject to your subscription tier (Free, Premium, Creator, or Pro).
• Subscribe to paid tiers (Premium, Creator, Pro) through in-app purchase via the Apple App Store.

The Service is provided "as is" and we reserve the right to modify, suspend, or discontinue features with reasonable notice where practicable.

2. Account and Eligibility

• You must be at least 10 years old (or the minimum age in your country to consent to these Terms) to use the Service. If you are under 18, you should have a parent or guardian review these Terms.
• Age verification – When you create an account with email and password, we ask for your date of birth and do not allow account creation if you are under 10. When you sign in with Google, Facebook, or Apple, we do not receive your date of birth from those providers; you must be at least 10 years old to use the service.
• You must provide accurate and complete information when registering and keep your account information up to date. You are responsible for maintaining the confidentiality of your password and for all activity under your account.
• You may only have one account per person. Creating multiple accounts to circumvent limits or abuse the Service is prohibited.

3. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable laws.
• Upload, request, or promote content that is illegal, harmful, offensive, infringing, or that violates others’ rights (including intellectual property or privacy). We may use automated and manual review to reject or remove content that violates our policies.

Content safety and prompt validation. We use automated checks (e.g. content moderation and blocklists) before using your prompt for image generation; prompts that fail are rejected. You must not attempt to circumvent these checks or submit prompts that would violate our policies. We cannot guarantee these measures are 100% effective, but we aim to provide as safe an experience as possible.

• Attempt to gain unauthorized access to the Service, other users’ accounts, or our or our providers’ systems.
• Reverse engineer, decompile, or attempt to extract source code from the app or the Service, except as permitted by law.
• Use the Service in a way that could damage, overburden, or impair the Service or any third-party systems (e.g. excessive automated requests).
• Resell or commercially exploit the Service or any output beyond your personal, non-commercial use, unless we explicitly allow it.

We may suspend or terminate your account and access to the Service if we reasonably believe you have violated these Terms or our policies.

4. Subscriptions and Payments

• Available plans – We currently offer a Free tier and paid subscription tiers (which may include Premium, Creator, and Pro). Available tiers, billing periods (for example monthly or yearly), prices, and feature details are shown in the app and in your App Store purchase sheet at the time of purchase.
• Billing and auto-renewal – Paid subscriptions are processed by Apple through your App Store account. Payment is charged to your Apple ID account at confirmation of purchase. Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current billing period.
• Renewal charges – Your Apple ID account is charged for renewal within 24 hours before the end of the current billing period, at the price shown by Apple for that subscription unless a different price is disclosed and accepted under Apple's rules.
• Manage and cancel – You can manage or cancel subscriptions in your Apple ID account settings after purchase. Cancellation takes effect at the end of the current billing period unless otherwise required by applicable law.
• Credits and features by tier – Generation credits, quality levels, watermark behavior, queue priority, custom prompts/styles, and other benefits differ by tier and may change over time. Current limits and capabilities are described in-app.
• Plan changes – If you upgrade, downgrade, or switch billing periods, Apple applies proration and effective-date rules according to App Store policies.
• Refunds – Refund requests for purchases made through the App Store must be addressed to Apple in accordance with Apple’s refund policy. We do not control Apple’s refund decisions.
• Price and plan changes – We may change subscription prices or plan features with advance notice. Continued use after the change constitutes acceptance. If you do not agree, you may cancel before the change takes effect.

5. Your Content and Licenses

• Your photos and prompts – You retain ownership of the photos you upload and the text prompts you provide. By uploading content and using the Service, you grant us a limited license to use, store, process, and transmit that content (including to our image-generation and cloud providers) solely to provide, operate, and improve the Service and to comply with law.
• Generated images – Subject to the rights of our image-generation provider (e.g. OpenAI), we grant you a non-exclusive license to use the images generated for you for your personal, non-commercial use. You may not use generated images in ways that violate these Terms, the provider’s terms, or third-party rights.
• Feedback – If you send us feedback or ideas, we may use them without obligation to you. Feedback is submitted without your email by default; we only include your email when you explicitly opt in (e.g. by checking the box allowing us to contact you regarding your feedback).

6. Intellectual Property

The Service (including the app, design, logos, and our technology) is owned or licensed by us. These Terms do not grant you any right to our trademarks or other intellectual property except the limited rights to use the Service as described here.

7. Disclaimers

• The Service is provided "as is" and "as available". We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• We do not guarantee that the Service will be uninterrupted, error-free, or secure, or that AI-generated outputs will meet your expectations or be free of errors or inappropriate content. You use the Service at your own risk.
• We are not responsible for the actions of third-party services (e.g. Apple, Google, Facebook, OpenAI, cloud or email providers) or for content you or others upload or generate.

8. Limitation of Liability

To the maximum extent permitted by law:

• We (and our affiliates, officers, directors, employees, and agents) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising out of or related to your use of the Service or these Terms.
• Our total liability for any claims arising out of or related to the Service or these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim (or, if you have not paid, fifty US dollars (USD 50)).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your content, or your violation of these Terms or any law.

10. Termination

• By you – You may stop using the Service at any time. You can delete your account from within the app: open Settings, tap Delete account, and confirm in the “Are you sure?” dialog. This permanently deletes your account and associated data. You may also request account deletion by contacting us; we will process the request in line with our Privacy Policy and systems.
• By us – We may suspend or terminate your account or access to the Service if we believe you have violated these Terms, for operational or legal reasons, or otherwise at our discretion with reasonable notice where practicable.
• Effect of termination – Upon termination, your right to use the Service ends. We may retain or delete your data in accordance with our Privacy Policy and legal obligations.

11. Changes to the Terms

We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, for material changes, we will notify you (e.g. in the app or by email) where required by law or where we deem it appropriate. Continued use of the Service after the effective date of the changes constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may request account deletion.

12. General

• Entire agreement – These Terms, together with our Privacy Policy and any other policies we reference, constitute the entire agreement between you and us regarding the Service.
• Severability – If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect.
• Waiver – Our failure to enforce any right or provision does not waive that right or provision.
• Governing law and venue – These Terms are governed by the laws of [Your jurisdiction, e.g. the State of X, USA, or the country where you operate], without regard to conflict of law principles. Any disputes shall be resolved in the courts of [that jurisdiction], except where prohibited.
• Apple – You acknowledge that these Terms are between you and us, not Apple. Apple has no obligation to provide maintenance or support for the app. Apple is not responsible for any claims relating to the app or your use of it. To the extent these Terms conflict with Apple’s App Store terms, Apple’s terms apply only to the extent of that conflict for your use of the app via the App Store.

13. Contact

For questions about these Terms or the Service, contact us at:

support@memorybites.ai