Terms of Service
Effective Date: December 2, 2024
1. Introduction
- Welcome to Memoirji, a service provided by KAISHA, a sole proprietorship based in Toronto, Ontario, Canada. These Terms and Conditions govern your use of our services. By accessing our platform, you agree to be bound by these terms.
Business Information:
- Business Name: KAISHA
- Business Identification Number (BIN): 1000957273
- Principal Place of Business: Toronto, Ontario, Canada
2. Service Description
- Memoirji offers an AI-driven platform for generating and storing user-created content. Users can access the service by signing in with Apple, Google, or Microsoft authentication. Our platform processes user inputs to generate data and store it securely in a cloud database. Memoirji facilitates user interactions and content generation through various channels, including WhatsApp.
3. User Accounts
- Registration and Security: Users must register through Apple, Google, or Microsoft to access Memoirji. You are responsible for safeguarding the password used to access the service and agree not to disclose your password to any third party. When using WhatsApp for access and interaction with our services, users must comply with WhatsApp's terms as well as these Terms and Conditions. Users are responsible for securing their WhatsApp accounts and managing message-related interactions.
- Account Use: You agree to notify us immediately of any unauthorized use of your account. Memoirji is not liable for any loss arising from unauthorized use of your account.
4. User Content
- Content Ownership: Users retain ownership of all content created and stored using Memoirji.
- License Grant: By using our services, you grant Memoirji a non-exclusive license to process your content solely for the purposes of operating and improving the services.
- Content Deletion: Users may request the deletion of their content from our cloud storage at any time. Content that is not saved will be automatically deleted within 48 hours.
5. Personal Data and Privacy
- For information on how we collect, use, and protect personal data, please refer to our Privacy Policy.
6. Acceptable Use
- You agree not to use the service in any way that violates applicable law, infringes on the rights of others, or is harmful to the system.
7. Intellectual Property
- The Memoirji platform, including but not limited to software, logos, and branding, is the property of KAISHA. You agree not to engage in the reproduction, distribution, or creation of derivative works from these materials without prior permission.
8. Third-Party Services
- Memoirji relies on various reputable third-party service providers to deliver our services effectively. These may include cloud hosting, authentication platforms, and AI processing services. While we strive to partner with reliable and secure external providers, Memoirji disclaims liability for their actions or any issues arising from their systems. We ensure that our partnerships adhere to privacy standards and data protection requirements where user data is involved. We use WhatsApp to facilitate chat-based interactions. While we strive to ensure all such platforms meet necessary privacy standards, Memoirji disclaims liability for any violations of data privacy that originate on WhatsApp's platform. Please refer to our Privacy Policy for detailed information on how user data is managed, including any interactions with third-party service providers.
9. Limitation of Liability
- To the fullest extent permitted by law, Memoirji shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
10. Disclaimer of Warranties
- The services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to merchantability and fitness for a particular purpose.
11. Indemnification
- You agree to indemnify and hold harmless Memoirji and its affiliates from any claims, damages, obligations, losses, and expenses arising from your use or misuse of the service.
12. Changes to Terms
- We reserve the right to modify these terms at any time. Users will be notified of any changes via the platform and through our communication channels, such as WhatsApp.
13. Governing Law
- These terms shall be governed by the laws of Canada, and any applicable federal laws of the U.S.
14. Dispute Resolution
- Any disputes, claims, or controversies arising out of or relating to these Terms and Conditions, or the breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration. The arbitration will be conducted in accordance with the rules of the Canadian Arbitration Association.
- Arbitration Location: The arbitration shall occur in Toronto, Ontario, Canada, unless both parties agree to a different location.
- Consent to Jurisdiction: By using our services, you consent to the jurisdiction of the arbitration forums specified and agree that these are convenient forums for resolving any disputes. Each party will bear their own legal costs and expenses during arbitration.
- Exceptions: Notwithstanding the foregoing, KAISHA reserves the right to seek injunctive relief in any competent court of law to protect its intellectual property or confidential information.
15. Contact Information
- For any questions regarding these terms, please contact us at support@memoirji.com.
16. Miscellaneous
- Force Majeure: We shall not be liable for delays or failures in performance resulting from acts beyond our reasonable control.
- Severability: If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
- Entire Agreement: These terms constitute the entire agreement between you and Memoirji regarding the use of our services.
Privacy Policy
Effective Date: December 2, 2024
KAISHA ("we," "our," or "us") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use the Memoirji platform.
1. Information We Collect
- Personal Information:
- We collect personal information when you create an account, such as your name, email address, and authentication data from Apple, Google, or Microsoft. This is necessary to facilitate account access and security.
- When you interact with Memoirji via WhatsApp, we collect information such as chat content and timestamps. This data is used to process and generate content as part of our services.
- Generated Content:
- Information you input, including conversations and content preferences, is collected for the purpose of generating and delivering content. User-generated content communicated via WhatsApp remains the property of the user. We act solely as processors of this information to deliver the requested service and adhere to user requests for data management.
- Automatic Data Collection:
- We may collect certain information automatically when you use Memoirji, including IP addresses, browser types, and usage patterns to enhance user experience through cookies or similar technologies.
2. How We Use Your Information
- Service Operation:
- To operate and maintain the Memoirji services, including user authentication and secure data storage.
- Content Generation and User Preferences:
- To personalize user experiences and generate tailored content based on your inputs.
- Service Improvements:
- To improve our platform based on user feedback and automated data analysis.
- Communication:
- To communicate important updates, promotions, and information related to Memoirji.
3. Data Management and Ownership
- User Content Ownership:
- Users retain ownership of all content they generate using Memoirji. Our platform acts solely as a storage service, and we do not use user content for any other purposes without explicit consent.
- Data Deletion Requests:
- Users can request the deletion of their stored content at any time. If content is not saved in the cloud and merely downloaded, it will be deleted from our servers within 48 hours.
4. Sharing of Your Information
- Service Providers:
- We work with third-party service providers, who help us operate our cloud infrastructure and ensure data protection following stringent compliance measures.
- We engage WhatsApp as a communication tool to provide services. This means information may be processed and temporarily stored using WhatsApp's infrastructure, subject to their privacy and security measures.
- Legal Requirements:
- We may disclose data as required by law or in response to legal processes or requests from public authorities.
- Business Transactions:
- In the event of any business change like mergers or acquisitions, your information may be transferred, subject to this policy.
5. Your Data Protection Rights
Regional Specific Rights
- California Residents:
- You have rights under the CCPA, including access to your data, deletion requests, and opting out of data sales. We do not sell personal data. For actions, contact us at support@memoirji.com.
- Canadian Residents:
- Our practices comply with PIPEDA, granting rights to access, amend, and understand data usage. Requests can be made to support@memoirji.com.
- Other Users:
- We adhere to high privacy standards worldwide, respecting additional jurisdictional rights about data protection.
6. Data Security
- We employ industry-standard security protocols to protect your personal information. While absolute security cannot be guaranteed, we endeavor to use all reasonable measures to secure your data.
- While we strive to ensure robust security measures, data transmitted via WhatsApp is subject to their security policies. We recommend reviewing WhatsApp's privacy practices for more details.
7. Cookies and Tracking Technologies
- We utilize cookies to improve service performance and user experience. Settings can be adjusted via your browser.
8. International Data Transfers
- Your information might be processed in other countries such as the U.S. and Canada. We ensure adequate data protection regardless of location.
9. Data Retention
- We retain personal data only as long as necessary for service provision or as legally required.
10. Changes to This Privacy Policy
- We may update this policy to reflect changes in practices or legal requirements. Significant changes will be communicated via the platform.
11. Contact Information
- For inquiries, concerns, or to exercise your privacy rights, contact us at support@memoirji.com.