Terms of Service

Who we are. memoit (“Company”, “we”, “us”). These Terms form a binding agreement between you and memoit and govern your access to and use of the Service available on getmemoit.com. Our Privacy Policy explains how we handle personal data.

1) Agreement to Terms

By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2) Eligibility & Accounts

• Age. You must be 13+ (or higher where your country requires). If you are under the age of majority, you need a parent/guardian’s consent. We do not knowingly allow under-13s to use the Service.
• Organizations. If you use the Service on behalf of a company, school, or other entity, you represent you have authority to bind that entity; “you” includes that entity.
• Account security. Keep credentials confidential and accurate; you are responsible for all activity under your account. Notify us promptly of unauthorized use.
• One person per account. Do not share logins.
• Verification. We may require verification (for example, email or MFA). Failure to complete verification may limit access.

3) Definitions

Card

A unit of study content (prompt/answer, text, image, audio, or metadata) you create, import, or study.

Published Card

A Card you explicitly choose to share or make viewable to others (if and when sharing is available).

Content

Cards and any other material you upload, submit, or generate in the Service.

Output

System-generated content produced by the Service (for example, study plans, summaries, or hints).

Paid Plan

Any subscription or purchase that provides access to features beyond the free tier.

4) The Service; Changes; Availability

The Service helps you create, organize, and study Cards. We may introduce, change, or discontinue features at any time. If we remove or materially degrade a paid feature you reasonably rely on, we will provide reasonable notice where feasible. The Service may be unavailable during maintenance or outages; uninterrupted or error-free operation is not guaranteed.

5) Your Content & Licenses

• Ownership. You retain all rights to your Content.
• License to memoit. You grant us a worldwide, non-exclusive, royalty-free license to host, process, store, transmit, display, and back up your Content solely to operate, secure, support, and improve the Service; and to display Content to others only if you choose to publish/share.
• Your promises. You have all necessary rights; your Content is lawful and non-infringing.
• Removal & deletion. You can delete Content; residual copies may persist in backups for a limited time. If Content was shared, prior copies/views may persist where allowed by law.
• Feedback. If you send us ideas or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

6) Output; Study & AI-Related Disclaimers

Output can be incomplete, inaccurate, or unsuited to your purpose. The Service is educational and does not provide professional advice (medical, legal, financial, etc.). You bear sole responsibility for how you use Output and Content.

7) Acceptable Use

You may not: (a) violate law or others’ rights; (b) upload illegal, harassing, hateful, or infringing material; (c) upload exam leaks/cheat keys or solicit cheating; (d) probe, scan, or test system vulnerabilities; (e) bypass access controls or rate limits; (f) reverse-engineer except where permitted by law; (g) scrape, bulk-export, or resell without written permission; (h) use automated access that degrades performance; (i) use the Service to train or improve a competing service or model without written permission.

8) Software License & Restrictions

We grant you a personal, revocable, non-transferable, non-sublicensable license to use the Service according to these Terms. You may not copy, modify, distribute, or create derivative works of the Service except as expressly allowed.

9) Third-Party Services

The Service integrates or relies on third-party services (hosting, analytics, communications, payments). Those services are governed by their own terms and privacy practices. We are not responsible for third-party services we do not control.

10) Beta & Trial Features

Features labeled Alpha, Beta, Preview, or Experimental are provided as-is, may be rate-limited, may change or stop without notice, and may be excluded from support.

11) Free Tier; Fair Use

Free access may include limits on usage, storage, or features. We may enforce fair-use limits to protect the Service and users, including throttling or suspending abusive or disproportionate consumption.

12) Plans, Fees, Billing & Renewals

• Disclosures. We display prices, features, billing intervals, and renewal terms before you pay and email a confirmation after purchase.
• Auto-renewal. Subscriptions auto-renew until canceled. We charge the then-current price at each renewal unless you cancel beforehand.
• Price changes. We may change prices prospectively on renewal and will provide notice as required or reasonable.
• Taxes. Prices may exclude VAT/IVA/ICMS/sales tax unless shown. Where required, we calculate, collect, and remit taxes based on your billing location.
• Payment providers. We use third-party providers to process payments; their terms may apply in addition to these Terms.
• Failed payments. If payment fails, we may suspend or downgrade access until resolved.
• Chargebacks & disputes. If a cardholder dispute (chargeback) is opened on any payment, we may immediately suspend or terminate the associated account and refuse future service to mitigate fraud and unpaid balances. If the dispute is reversed in our favor, we may restore access at our discretion.

13) Cancellation; Withdrawal; Refunds

• Cancel anytime. You may cancel online at Dashboard → Settings → Billing → Manage Billing. Cancellation takes effect at the end of the current paid period.
• Right of withdrawal (EU/EEA & UK). Consumers have a 14-day statutory right to withdraw from distance contracts. To exercise this right, email support@getmemoit.com with your memoit account email and proof of purchase (see Annex B). We will provide the refund within up to 10 days from receipt of a valid request, using the original payment method where possible.
• Right of regret (Brazil). Consumers have a 7-day statutory right to withdraw from remote purchases. To exercise, email support@getmemoit.com with your memoit account email and proof of purchase (see Annex B). We will provide the refund within up to 10 days from receipt of a valid request, using the original payment method where possible.
• US consumers. No general federal withdrawal right applies to online subscriptions; applicable state laws may grant specific rights. You may still cancel renewal at any time as above.
• Goodwill refunds. Outside mandatory rights above, refunds are discretionary unless a plan page states otherwise or the law requires a refund.

14) Data; Privacy; International Transfers

Our Privacy Policy describes what we collect and why, including cookies and similar technologies. For ordinary account and Service operations, we act as an independent controller. For business integrations where we process personal data on your documented instructions, we provide a data-processing addendum upon request. When we transfer personal data across borders, we rely on appropriate safeguards (for example, standard contractual clauses or equivalent measures via our service providers). We retain personal data as long as needed for the purposes in the Privacy Policy and to comply with legal obligations. You can request deletion of your account; backups may persist for a limited period.

15) Security; Your Responsibilities

We implement reasonable technical and organizational measures to protect the Service. You are responsible for securing your devices and network, using strong passwords and MFA, reviewing your Content before sharing, and exporting/backing up your Content as needed. No system is perfectly secure.

16) Support; Service Levels

Unless a plan states otherwise, support is provided on a commercially reasonable basis via email or in-app channels during business hours. We do not provide an uptime or response-time SLA unless expressly agreed in writing.

17) Intellectual Property; Ownership

We and our licensors own the Service, including software, design, and trademarks. No rights are granted except as expressly stated. You may not remove or alter proprietary notices.

18) IP Notices & Takedowns

To report illegal or infringing content, email legal@getmemoit.com with: (i) URLs identifying the content; (ii) the rights allegedly infringed or the law allegedly violated; (iii) your contact information; and (iv) a good-faith statement of accuracy. We may remove content or restrict accounts that violate rights or law, including repeat IP infringement. If you believe removal was mistaken, reply with an explanation; we may restore content unless we receive evidence of a legal action.

19) Educational Integrity

Do not use the Service to violate academic-integrity rules. Prohibited uses include posting restricted exam materials, soliciting real-time answers during assessments, and automating plagiarism.

20) Compliance; Export; Sanctions; Anti-Corruption

You represent that you are not subject to trade sanctions and will not use the Service in prohibited jurisdictions or for prohibited end uses. You will comply with anti-corruption and anti-bribery laws and will not offer or accept improper benefits in connection with the Service.

21) Disclaimers

The Service and all content are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and non-interruption. Educational content (including Output and user Content) may contain errors; use judgment.

22) Limitation of Liability

• No indirect damages. We are not liable for indirect, incidental, special, punitive, or consequential damages, or loss of profits, data, goodwill, or business interruption.
• Cap. Our aggregate liability for all claims in any 12-month period is limited to the amounts you paid to us for the Service in that period.

These limits do not exclude liability that cannot legally be limited (for example, fraud, death/personal injury caused by negligence, or non-waivable consumer rights).

23) Indemnity (Business Users)

If you use the Service for business, you will defend and indemnify us from and against third-party claims, damages, and costs (including reasonable legal fees) arising from: (a) your unlawful use of the Service; (b) your Content; or (c) your breach of these Terms, except to the extent caused by us.

24) Governing Law; Venue; Consumer Rights

• Consumers. Your mandatory local consumer protections apply regardless of the choice of law below.
• Choice of law & venue. Unless a statute requires otherwise, disputes are governed by the laws designated by memoit and resolved in competent courts designated by memoit, without regard to conflict-of-laws principles.
• Arbitration & class actions. Where permitted by law, disputes shall be resolved on an individual basis. We do not require pre-dispute consumer arbitration where prohibited or unfair under local law.

25) Suspension; Termination; Survival

We may suspend or terminate access if: (a) you violate these Terms or law; (b) your use risks harm to users, us, or third parties; (c) payment is overdue; or (d) required by law. Upon termination, your license ends; provisions that by nature should survive (for example, IP, payments due, disclaimers, limits, governing law, dispute resolution) continue to apply. We will offer a reasonable export window where feasible.

26) Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations, including in connection with a merger, acquisition, or asset transfer.

27) Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (for example, internet outages, denial-of-service attacks, labor disputes, acts of government, natural disasters).

28) Notices; Electronic Communications

We may provide notices by email to your account address or by in-app message. You agree to receive communications electronically. Legal notices to us must be sent to legal@getmemoit.com with the subject line “Legal Notice – [your account email]”.

29) Entire Agreement; Order of Precedence

These Terms, the Privacy Policy, and any plan-specific addenda (for example, a Data Processing Addendum, if applicable) are the entire agreement between you and us regarding the Service. If there is a conflict, a signed addendum or plan-specific terms prevail over these Terms, which prevail over the Privacy Policy.

30) Severability; Waiver; Interpretation

If any provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver. Headings are for convenience and do not affect interpretation. “Including” means “including without limitation.”

31) Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new Effective date, and for material changes we will provide notice (email or in-app). Continued use after the Effective date constitutes acceptance.

Annex A — Acceptable Use Policy (AUP)

1. Illegal activities. Use the Service in violation of any applicable law or to promote illegal activities.
2. IP infringement. Upload or share content that infringes copyrights, trademarks, trade secrets, moral rights, or other rights.
3. Harassment & hate. Post or transmit material that is harassing, threatening, hateful, or discriminatory; or that exploits or harms minors.
4. Academic misconduct. Upload restricted exam materials, solicit real-time assistance during assessments, or automate plagiarism.
5. Security violations. Probe or scan systems, bypass access controls, interfere with other users, or introduce malware.
6. Scraping & automation. Scrape, crawl, or use bots that degrade performance or extract datasets without written permission.
7. Reverse engineering. Decompile, disassemble, or otherwise attempt to derive source code except where permitted by law.
8. Spam & fraud. Send unsolicited communications, engage in fraud or deceptive practices, or manipulate metrics.
9. Data misuse. Collect or process others’ personal data without a lawful basis or in violation of our Privacy Policy.
10. Competitive use. Use the Service to train or improve a competing service or model without written permission.

Annex B — Consumer Withdrawal — How to Submit

Annex C — Data Processing Summary (business use)

• Roles. For ordinary account data, memoit is an independent controller. For business integrations where memoit processes personal data on your documented instructions, memoit acts as a processor and provides a Data Processing Addendum on request.
• Security. memoit maintains reasonable technical and organizational measures appropriate to the risk.
• Subprocessors. memoit may use subprocessors for hosting, analytics, communications, and payments; a list is available on request.
• Transfers. memoit uses appropriate safeguards for international transfers (for example, standard contractual clauses or equivalent measures via service providers).
• Return/Deletion. Upon termination or request, memoit will delete or return customer personal data from active systems within a reasonable time, subject to backups and legal holds.

Annex D — Open-Source Components

The Service may include open-source software governed by their own licenses. To the extent required by those licenses, the applicable terms will apply to the relevant components and, where required, will prevail over these Terms for those components only.