Terms of Service

Last updated: 29 July 2025

These Terms of Service and End User License Agreement (the "Terms") apply to any registered user (the "Registered User") who access and/or use MemoChat ("you") and govern our mutual rights and obligations arising from the using MemoChat and provision of the services. By using MemoChat you enter into an agreement on provision of the services with MemoChat of AnimaTech OÜ, Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145, Estonia ("MemoChat", "we", "us" or "our") (the "Agreement").

Your access to MemoChat and using our services are conditioned by acceptance of and compliance with these Terms and our Privacy Policy. By accessing or using MemoChat you accept these Terms and agree to be bound by them. If you disagree with any part of the Terms, you may not use MemoChat.

We are constantly trying to improve MemoChat and our services, so these Terms may need to change along with updates and services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on MemoChat. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use MemoChat or our services. If you use MemoChat and our services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Entity Information

AnimaTech OÜ
Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145, Estonia
Email: info@memochat.net

Age Limitation

Please note that MemoChat is designed for users 13 years old and over ("Minimum Age"). By using MemoChat, you confirm that you are at least the Minimum Age or have valid parental or legal guardian consent where required by law. If you are located in the European Union, parental consent is required if you are under 16 years old. We take no responsibility if your age confirmation is not true. If you believe that a child under the Minimum Age may have provided us Personal Data, please contact us at info@memochat.net.

How does MemoChat work?

MemoChat provides a secure, private and an easy way to stay in touch with your friends and family without the worry of your personal information being shared. MemoChat is accessible via our Android and iOS Mobile Applications.

We reserve the right to modify, terminate or otherwise amend our offered services and any promotional offerings at any time in accordance with these Terms.

What versions do we offer?

Basic version of MemoChat is a free version where no payment is required, and you can access our services once your User Account is activated.

Premium version of MemoChat is a paid version which requires payment subscription before you can access such services. Premium features include:

What are the MemoChat requirements?

Your use of MemoChat requires that you have hardware, software and an internet connection fulfilling certain recommended requirements. If the recommended requirements are not met, you may potentially still use our service, but normally with a lower quality or performance. Such reduced quality or performance will not give you the right to claim any compensation from MemoChat.

MemoChat may not be always accessible due to the planned maintenance and updates of our software. If possible, we will inform you about such maintenance in advance, on our website or via MemoChat interface.

Apple and Google Devices License Agreement

The following terms apply when you use our APP obtained from either the Apple's, or Google's store (each an "App Distributor") to access our APP:

Your MemoChat Account

To use certain parts of our service, you will need to create the MemoChat Account. You may register MemoChat account by following the instructions in our APP or other instructions prompted to you. You are responsible for safeguarding your account information. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Your MemoChat Account is strictly personal and shall not be used by any other person without your supervision. Neither shall you assign your account to any other person. You are in any event solely responsible for the use of MemoChat and our service through your MemoChat Account.

We may change, terminate, or restrict access to any aspect of MemoChat, our service or your MemoChat Account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage, both for free and paying MemoChat users.

What are your responsibilities while using MemoChat?

You are responsible for your use of MemoChat, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you while using MemoChat (the "User Content"). User Content includes, for example, chat names. You are responsible for ensuring that your chat names do not include Prohibited User Content (as listed below).

Any use or reliance on any User Content or materials posted via MemoChat or obtained by you through MemoChat is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via MemoChat or endorse any opinions expressed via MemoChat.

Restrictions on use of MemoChat and user content

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.

We reserve the right to report any illegal or suspicious activity to applicable local authorities.

Prohibited User Content includes, without limitation, a content which:

We reserve the right to edit or remove any User Content uploaded or posted through MemoChat if, in our opinion, such User Content does not comply with these Terms.

Charging and billing

While creating your MemoChat Account, the applicable subscription fee will be displayed to you depending on the chosen MemoChat version and subscription period.

The Subscription Fee will be paid in advance based on your chosen subscription period through the available payment methods (mobile app stores or our website payment gateway). Available subscription options include:

Your payment of the Subscription Fee will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the subscription period. The cancellation will take effect at the end of the current subscription period, and you will be downgraded to the Basic version. We do not provide refunds or credits for any partial subscription periods.

We may change the amount of Subscription Fee and will communicate any Subscription Fee changes to you in advance and, if applicable, how to accept those changes. Subscription Fee changes will take effect at the start of the next subscription period following the date of the Subscription Fee change. You accept the new Subscription Fee by continuing to use MemoChat and our services after the Subscription Fee change takes effect.

Intellectual property rights

Intellectual property rights associated with MemoChat, and its contents are our sole property or our affiliates. We reserve all rights to our intellectual property rights which are contained in, published at and/or provided through MemoChat. We are the exclusive and unlimited owner of all the economic and, to the maximum extent possible and permitted by respective laws, moral rights to MemoChat. The APP is protected by copyright.

MemoChat is not, in any case, transferred, assigned, sold or leased to you, and we retain ownership of MemoChat even after installation on your personal devices.

You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the intellectual property rights to MemoChat in any way.

We grant you limited, non-exclusive, revocable right to use MemoChat in the extent of the functionalities of the respective MemoChat version you have been registered for (the "License"). You are not entitled to grant any sublicence or assign this License to any third person. The License shall remain in effect until the termination of the Agreement, MemoChat subscription and provision of our services.

Warranty disclaimer and limitation of liability

We provide you with our services and MemoChat "as is". You acknowledge that MemoChat and our services are not error-free. You use it at your own risk and discretion. That means MemoChat and our services don't come with any warranty. We make no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of MemoChat or our service.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold us, our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (i) your use of MemoChat and our service (including any actions taken by a third party using your MemoChat Account), and (ii) your violation of these Terms.

Complaints and technical issues

In case there is a technical issue or you have a complaint regarding any part of our services you must notify us about such issue or complaint and we will consequently investigate circumstances of described problem and inform you about the result of it and about the steps we will take.

You may notify us through e-mail address: info@memochat.net. We will do our best to respond to your complaint within 30 days after we receive such a complaint.

Data Charges and Mobile Devices

You are responsible for all data-related charges that you may incur for using our APP, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using the APP.

Personal Data protection

You take into account that we process your personal data for the purpose of providing you with our services and access to MemoChat under the applicable laws related to processing and protection of personal data. Further details regarding processing of Personal Data can be found in our Privacy Policy.

Term and termination

Agreement is entered into for an indefinite period of time.

You are free to terminate the Agreement at any time, by contacting us at info@memochat.net; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our services.

We are also free to terminate (or suspend access to) your use of MemoChat and our services or your MemoChat Account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

MemoChat Account termination may result in destruction of any User Content associated with your MemoChat Account, so keep that in mind before you decide to terminate your MemoChat Account. We will try to provide you with an advance notice prior to our terminating your MemoChat Account so that you are able to retrieve any important User Content you may have stored in your MemoChat Account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to our rights or property.

If you have deleted your MemoChat Account by mistake, contact us immediately at info@memochat.net – we will try to help, but unfortunately, we can't promise that we can recover or restore anything.

No Waiver

In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Severance

Every effort has been made to ensure that these Terms adhere strictly with the relevant provisions of applicable consumer protection legislation. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining terms and conditions.

Dispute Resolution

In the event of a dispute arising under these Terms, the parties agree to attempt resolution through good faith negotiation or mediation before pursuing formal legal action. This does not prevent either party from seeking urgent interim relief from a court of competent jurisdiction when necessary.

Law and Jurisdiction

These Terms and the relationship between you and MemoChat shall be governed by and construed in accordance with the Law of Estonia and MemoChat and you agree to submit to the exclusive jurisdiction of the Courts of Tallinn.