Terms of Service

Last modified March 10 , 2023

Welcome to ChatMemoir!

These terms of service ("Agreement") govern your use of the ChatMemoir Application ("ChatMemoir" or the "App") which is a registered trademark of Bodaty, LLC, ("Bodaty"), and the services, products, features, apps, technologies, and software integrated and used therein, except where we expressly state that separate terms (and not these) apply.

The “Bodaty Terms of Service” applies to your use of Bodaty's products and services. Your use of ChatMemoir is therefore subject to the Bodaty Terms of Service. Since ChatMemoir uses deyaPay (the payments service and accounts system offered by Bodaty), your use of ChatMemoir is also subject to the terms relevant to deyaPay and deyaPay Account Services, “Bodaty deyaPay Payments Terms of Service.” In addition, the following notice describes our terms that are specific to ChatMemoir. All of these terms and related privacy policies can be found at https://ChatMemoir.com/policy.html.

Bodaty may amend these Terms at any time by posting a revised version on Bodaty's website or through the ChatMemoir App.

By using ChatMemoir you expressly certify that you are over 16 years old, and have verified the same through the age verification services utilized when you purchase the ChatMemoir App. If you are under 16 years old, your parent or legal guardian must provide consent. You are prohibited from using ChatMemoir if you are under 13 years old.

1. Our Services

Our mission is to give people the power to learn from their grandparents (and other family and friends) and share their wisdom and love. ChatMemoir provides a mechanism to record your biography and share it with grandchildren (and others), who can ask to view it through ChatMemoir application. To help advance this mission, we provide the Products and Services described below to you:

• Provide a personalized experience for you: Your experience on ChatMemoir is unique and is based on the content provided by you through ChatMemoir and by third parties that themselves authorize, and you and your parent or legal guardian authorize, sharing with under ChatMemoir. You will always know who you are sharing your information with and who requests to share information with you. For example, each account is tied to a phone number and You will be able to verify the phone number associated with the individuals whom you share with and who request to share with you. We use the data we have - for example, about the connections you make, the choices and settings you select, and what you and your connections share to personalize your experience. For more information on how we use your data visit our privacy policy available here https://ChatMemoir.com/policy.html.
• Empower you to communicate about what matters to you: There are many ways to communicate with friends, family, and others about what matters to you - for example, sharing biographies, autobiographies, status updates, photos, videos, and stories with ChatMemoir. We also have developed and continue to explore new ways for people to use technology to create and share more expressive and engaging content through ChatMemoir.
• Provide you with the optional ability to enhance and improve the biography created through the ChatMemoir phone app, by giving you access to request and buy (at an additional charge) the services of a Personal Writer/Biographer who can start where the app finished and edit the biography with their human insight and abilities as writers.
• Combat harmful conduct and protect and support our community: People will only build community on ChatMemoir if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement. We share data with other Bodaty Services when we detect misuse or harmful conduct by someone using one of our Products.
• Use and develop advanced technologies to provide safe and functional services for everyone: We use and develop advanced technologies - such as conversational user interfaces, artificial intelligence, and machine learning systems - so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual and other impairments understand what is in content shared on ChatMemoir. We also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.
• Research ways to make our services better: We engage in research and collaborate with others to improve our Products. One way we do this is by analyzing the data we have and understanding how people use our Products.
• Provide consistent and seamless experiences across the Bodaty Company Products: Our Products help you find and connect with people, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Bodaty Services that you use. For example, we use data about the people you engage with on ChatMemoir to monitor safety and to make it easier for you to connect with them, and we enable you to communicate with your community. Another example is how we seamlessly integrate with deyaPay, Bodaty's payments system, to provide an easy, fluid and convenient payments experience for our customers when your share content in ChatMemoir.
• Enable global access to our services: To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence.

2. Our Data Policy and Your Privacy Choices

To provide these services, we must collect and use your personal data. By using the ChatMemoir App, you expressly agree to these Privacy Policies and our practices.

We also encourage you to review the privacy choices you have in your settings.

3. Your Commitments to ChatMemoir^TM and Our Community

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

4. Who can use ChatMemoir^TM

• When people stand behind their opinions and actions, our community is safer and more accountable. For that reason, you must:
  • Use the same name that you use in everyday life.
  • Provide accurate information about yourself.
  • Create only one account (your own) and use it for personal purposes.
  • Not share your password, give access to your ChatMemoir account to others, or transfer your account to anyone else (without our permission).
• B. We try to make ChatMemoir broadly available to everyone, but you cannot use it if::
  • You are under 16 years old and we have not obtained your parental or legal guardian's consent.
  • You are under 13 years old.
  • We previously disabled your account for violations of our terms or policies.
  • You are prohibited from receiving our products, services, or software under applicable laws.

5. What you can share and do on ChatMemoir^TM

We want people to use ChatMemoir to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

• You may not use our Products to do or share anything:
  • That violates these Terms, including all other terms and policies that apply to your use of ChatMemoir.
  • That is unlawful, misleading, discriminatory or fraudulent.
  • That infringes or violates someone else's rights.
  • You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
• You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
• We can remove content you share in violation of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people's intellectual property rights.
• To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.

6. The permissions you give us

We need certain permissions from you to provide our services:

• Permission to use content you create and share: You own the content you create and share on ChatMemoir, and nothing in these Terms takes away the rights you have to your own content. To provide our services, though, we need you to give us some legal permissions to use that content.
• Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings).
• You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.
• Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on ChatMemoir next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you.
• If you are under the age of sixteen (16), your parent or legal guardian has provided their consent to this section on your behalf through the ChatMemoir App.
• Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.

For more information on the data we collect and share, please visit the ChatMemoir Privacy Policy, which is expressly incorporated herein by reference and available at https://ChatMemoir.com/policy.html.

7.Payments:

The application downloads are free to the users at present.The user may choose to avail additional services available in ChatMemoir application upon the payment of subscription fees. Premium services shall be considered as a part of services for the purpose of the Terms and Conditions.At present we are charging $9.99 for ChatMemoir Subscription which is auto renewed every year. We may modify the subscription fee for the services at our sole discretion.

Subscriptions will be automatically renewed on a yearly basis until subscription is canceled before the end of the current period. For Apple iTunes ,the subscription will automatically renew unless auto renew is turned off at least 24 hours before the end of the current period. You can go to your iTunes Account Settings to manage your subscription and turn off auto renew. Your iTunes Account will be charged when the purchase is confirmed. It is solely the user's responsibility to cancel, which can be done any time from Apple iTunes. We do not accept subscription cancellations via email.

It's the user's responsibility to not to date and time that the subscription will expire or come up for renewal and to cancel prior to your payment being processed. We do not accept cancellation requests sent through an email.

8. Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you share on ChatMemoir), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our sites and applications. Some of the features on our sites and applications are age-gated so that they are not available for use by children, and we do not knowingly collect personal information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children's privacy, including:

• Notifying parents about our information practices with regard to children, including the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information;
• In accordance with applicable law, and our practices, obtaining consent from parents for the collection of personal information from their children, or for sending information about our products and services directly to their children;
• Limiting our collection of personal information from children to no more than is reasonably necessary to participate in an online activity; and
• Giving parents access or the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted.

For additional information about our practices in the United States and Latin America regarding children's personal information, please read our Children's Privacy Policy, available at https://bodaty.com/privacy-policy-terms.html.

9. Updating our Terms

• We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will not notify you before we make changes to these Terms nor give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products. We will, however, provide you with notice related to any changes regarding how we use, share, or collect any of your personal data or information.
• We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the ChatMemoir community, you can delete your account at any time.

10. Account suspension or termination

• We want ChatMemoir to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
• If we determine that you have violated our terms or policies, we may take action against your account to protect our community and services, including by suspending access to your account or disabling it. We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it. You can learn more about what you can do if your account has been disabled by contacting support@bodaty.com.
• If you delete or we disable your account, these terms shall terminate as an agreement between you and us, but the following provisions will remain in place.

11. Third Party Providers.

Bodaty uses various third-party providers to provide you with the ChatMemoir app and offers their services with and through the Services (the "TPP Services.") By using the Services, including purchasing/using any of the TPP Services, You expressly agree to the terms and conditions thereof which are expressly incorporated by reference in this Agreement. The TPP Services include without limit the following:

• Google Cloud Platform;
• Personal writers;
• Apple iOS or Google Android;
• Payment processors, including Stripe Inc., Apple Pay, Google Pay;
• Text messaging via Twilio;

12. Limits on liability

• We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
• We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these terms or the Bodaty Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the ChatMemoir Product will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
• Bodaty does not take any responsibility or liability for Personal Writer services purchased through ChatMemoir, since the customer using ChatMemoir chooses the Personal Writer of their own free will. Bodaty facilitates the purchase of personal writing services, but it is the sole responsibility of the ChatMemoir user to work with their chosen Personal Writer and ensure the delivery of their desired biography. All charges related to personal writing services are non-refundable.

13. Disputes

• We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
• For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms for the ChatMemoir Product ("claim"), including but not limited to the use of the Personal Writer, you agree that it will be resolved exclusively in the U.S. District Court for the Northern Illinois or a state court located in DuPage County, IL. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Illinois will govern these Terms and any claim, without regard to conflict of law provisions.

14. Other

• These terms make up the entire agreement between you and Bodaty, LLC regarding your use of ChatMemoir. They supersede any prior agreements.
• Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. To the extent any supplemental terms conflict with these terms, the supplemental terms shall govern to the extent of the conflict.
• If any portion of these terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these terms, it will not be considered a waiver. Any amendment to or waiver of these terms must be made in writing and signed by us.
• You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
• You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
• These terms do not confer any third-party beneficiary rights. All of our rights and obligations under these terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
• You should know that we may need to change the account associated with your phone number.
• We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
• We reserve all rights not expressly granted to you.

To contact us please send an email to support@bodaty.com or write us: 200 E. 5th Avenue, Suite #121DE, Naperville IL 60563, United States, Attn: Legal Department.