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Memory Box

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Memory Box – Terms of Service

Version 0.2.0-draft · Effective from: ⟦TO FILL: data zatwierdzenia / approval date⟧

These Terms of Service (the "Terms") set out the rules for using Memory Box and the terms on which NovaAI provides its services by electronic means. Please read them, together with the Privacy Policy (https://memory-box.family/en/privacy), before you start. By creating an account you accept the Terms. If you do not agree with them, do not use the Service.

1. Definitions

Capitalised terms mean:

  1. NovaAI, "we" – NOVA AI VENTURES SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Jasna 26, 00-054 Warszawa, Poland, entered in the register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, KRS 0001208266, NIP 5253069869, REGON 543362820, EU VAT PL5253069869, share capital PLN 156,000.00, e-mail: privacy@novaai.ventures.
  2. Service – Memory Box, a private family archive of recorded memories, available for iOS devices (App Store), together with all services we provide through it.
  3. User, "you" – a natural person aged at least 16 who uses the Service; a person without full legal capacity (in Poland: under 18) may use it only with the consent of their parent or legal guardian.
  4. Consumer – a User who concludes the Agreement for purposes not directly related to their business or profession, and a sole trader for whom the Agreement has no professional character (article 22¹ of the Polish Civil Code and article 38a of the Polish Consumer Rights Act).
  5. Account – the set of data and settings of a User that allows them to use the Service.
  6. Agreement – the agreement for the provision of the Service concluded between you and NovaAI on these Terms.
  7. User Content – audio and video recordings, photos, transcripts, descriptions and information about the people close to you and other materials added to the Service by a User (in the Service called "Memories").
  8. Circle – a closed group of signed-in Users created in the Service, with roles (Owner, Administrator, Member), within which content can be shared.
  9. Illegal Content – any information that, in itself or in relation to an activity, is not in compliance with EU law or the law of an EU Member State; DSA – Regulation (EU) 2022/2065 (Digital Services Act).

2. General provisions

  1. These Terms are the terms of service provided by electronic means within the meaning of the Polish Act of 18 July 2002 on the provision of services by electronic means.
  2. The Service may be used by persons aged at least 16. A person under 18 needs the consent of their parent or legal guardian to create an Account.
  3. The Service is available in Polish and English.
  4. The app may be downloaded only from the official stores named in section 3. Installing it is free of charge.

3. Technical requirements

To use the Service you need:

  1. a phone or tablet with a current version of iOS or Android supported by its manufacturer (the minimum versions are shown in the store);
  2. an Internet connection (not provided by us);
  3. an e-mail address or an account with a supported sign-in provider.

We take appropriate measures to keep the Service secure. Using any online service carries risks (for example malware on your device); keep your device and the app up to date. We inform you about updates needed to keep the Service in conformity with the Agreement, including security updates.

4. Services

Through the Service we provide in particular:

  1. creating and running an Account;
  2. adding, storing and viewing User Content;
  3. sharing content within a Circle;
  4. AI features that prepare interview questions before a recording and, after it, produce a transcript, chapters, suggested title, description, dates, places and people, profile facts and a cover picture;
  5. push notifications about activity in the Service, if you allow them.

The Service is free of charge.

5. Account

  1. To use the Service you create an Account by giving your e-mail address or signing in through a supported provider, and accepting these Terms. When you sign in through a provider, we receive only the data needed to create or link the Account – never your password for that provider.
  2. The Agreement is concluded when the Account is created, for an indefinite period.
  3. Keep your sign-in details confidential and keep the data in your Account accurate. You can change it in the Service.
  4. You can delete your Account at any time: https://memory-box.family/en/delete-account.

6. Rules of use

When using the Service, you must comply with the law, these Terms and good practice. In particular you must not:

  1. disrupt the Service, bypass its security, or access it with automated tools beyond what the law allows;
  2. add content that is unlawful, infringes the rights of others (including image, personal and intellectual-property rights), is pornographic (especially involving minors), incites violence or hatred, or is misleading – including deepfakes or manipulated likenesses of people without their consent;
  3. use the Service to harass others or to violate their privacy;
  4. create Accounts for other people without their permission or use another person's Account.

7. Your content

  1. You keep all rights to your User Content. We claim no ownership.
  2. You grant NovaAI and its subcontractors a non-exclusive, free licence to use User Content only to the extent and for the time needed to provide the Service to you – in particular to store, copy, transmit, process (including with AI features you use) and display it to the people you choose. We do not use User Content for any other purpose, including training AI models.
  3. You declare that you have the rights needed to add your User Content and – if it concerns other people – their consent or another legal basis to record, store and share their image, voice, words and data.
  4. When you delete User Content or your Account, we delete it from our active systems; copies in backups are overwritten in the normal backup cycle, subject to obligations under law (see the Privacy Policy).

8. Processing of personal data in your content

  1. As far as the GDPR applies to you, you are the controller of the personal data contained in your User Content, and you entrust NovaAI with processing it (Article 28 GDPR). This section is the data processing agreement between us.
  2. Subject, nature and purpose: storing, transmitting, displaying, analysing with AI features you use and deleting User Content, solely to provide the Service. Duration: as long as the Agreement lasts, and afterwards only until the data is deleted. Types of data: any personal data you choose to include in User Content, which may include special categories of data if you include them. Data subjects: you and the people who appear in your User Content.
  3. We process this data only on your documented instructions, which consist of these Terms and the actions you take in the Service, unless EU or Polish law requires otherwise (in which case we will inform you, unless the law forbids it).
  4. We ensure that people authorised to process the data are bound by confidentiality, and we apply the security measures required by Article 32 GDPR, described in the Privacy Policy.
  5. You give us a general authorisation to use further processors (sub-processors) listed in the Privacy Policy (https://memory-box.family/en/privacy). We impose the same data protection obligations on them and remain responsible for them. We will inform you of planned changes to the list in the Service or by e-mail; you may object, and if we cannot accommodate the objection, you may terminate the Agreement before the change takes effect.
  6. Taking into account the nature of the processing, we help you respond to requests of data subjects and meet your obligations under Articles 32–36 GDPR, and we notify you without undue delay after becoming aware of a personal data breach concerning your User Content.
  7. After the Agreement ends, we delete the data (you can export it before deleting your Account), unless the law requires us to keep it.
  8. We make available the information needed to demonstrate compliance with Article 28 GDPR and allow audits proportionate to the Service, in the first place by providing documentation.

9. Sharing

  1. Content you add is private until you decide to share it.
  2. You can share content with chosen members of your Circle. The roles (Owner, Administrator, Member) decide who can invite others, manage members and see or change content. You can revoke access at any time.
  3. You are responsible for the lawfulness of what you share and with whom.

10. AI features

  1. The Service uses artificial intelligence models to prepare interview questions before a recording and, after it, produce a transcript, chapters, suggested title, description, dates, places and people, profile facts and a cover picture. The models are provided by the providers listed in the Privacy Policy.
  2. AI results are generated automatically and may contain mistakes, inaccuracies or content that does not fit your situation. Check them before you use them; you decide whether to accept, change or reject them.
  3. AI does not make decisions about you and does not replace consents needed to record or share content.
  4. Content generated with AI is marked as such where the law requires it.
  5. Your data and User Content are not used to train or improve AI models.
  6. This section does not limit your statutory rights if the Service is not in conformity with the Agreement.

11. Reporting illegal content and moderation

  1. We do not generally monitor User Content. We act on Illegal Content or content that breaches these Terms when we receive a sufficiently precise and substantiated notice, become aware of it ourselves, or are required to by law or an authority.
  2. Anyone can notify us of specific Illegal Content by e-mail to privacy@novaai.ventures. The notice should contain: (a) an explanation of why the content is illegal; (b) its exact location (for example a link); (c) your name and e-mail address (except for notices concerning offences referred to in Articles 3 to 7 of Directive 2011/93/EU); and (d) a statement that you believe in good faith that the information in the notice is accurate and complete.
  3. We confirm receipt without undue delay, decide in a timely, diligent, non-arbitrary and objective manner, and inform you of the decision and the available means of redress. If we use automated tools in deciding, we say so.
  4. Depending on the seriousness of the breach, we may restrict the visibility of content, remove it, suspend the Service or suspend or close the Account. We act proportionately and with due regard to the rights and legitimate interests of everyone involved. We give the affected User a clear and specific statement of reasons at the latest when the restriction takes effect (Article 17 DSA).
  5. The User and the person who made the notice may contest a decision by e-mail to privacy@novaai.ventures. Complaints are handled free of charge by qualified staff, not solely by automated means, and do not limit other legal remedies.
  6. If we become aware of information giving rise to a suspicion of a criminal offence involving a threat to the life or safety of persons, we inform the competent authorities.

12. Complaints

  1. You may file a complaint about the Service in any form, preferably by e-mail to privacy@novaai.ventures. It helps if you give your name, a description of the problem, when it occurred and what you request.
  2. We respond within 14 days of receiving the complaint, by e-mail or in the way you used.
  3. If the Service is not in conformity with the Agreement, you have the rights provided by the Polish Consumer Rights Act (Chapter 5b), in particular to have it brought into conformity, to a price reduction or to terminate the Agreement.
  4. Complaints about moderation decisions are handled under section 11.

13. Liability

  1. We are liable for the Service on the terms of the law. Nothing in these Terms limits liability towards Consumers that cannot be limited under mandatory law.
  2. We are not liable for the actions of Users or of third-party services you use that are not our subcontractors, nor for interruptions caused by your device or Internet connection.
  3. We may briefly interrupt the Service for maintenance, preferably at times of low use, and we inform you in advance about planned interruptions when possible.

14. Licence

  1. When you accept these Terms, we grant you a non-exclusive, non-transferable licence to use the Service, for your own needs, for the duration of the Agreement.
  2. Without our consent you may not copy, modify, distribute, decompile or reverse-engineer the Service, except where mandatory law allows it (in particular articles 75 and 77 of the Polish Copyright Act).
  3. The names, logos and other marks in the Service are protected; the licence gives no right to use them.

15. Term and termination

  1. You may terminate the Agreement at any time by deleting your Account.
  2. We may terminate the Agreement with 30 days' notice for important reasons (for example ending the Service), and with immediate effect if you seriously or repeatedly breach these Terms or the law, after first asking you to stop the breach where that is possible. If we terminate during a paid period for reasons not caused by you, we refund the unused part.
  3. Before your Account is deleted you can export your data in the Service.

16. Changes to the Terms and the Service

  1. We may change these Terms for important reasons: changes in the law, decisions of authorities, security, new or changed features, changes to providers we depend on, or editorial corrections. We inform you at least 30 days before a change takes effect (unless the law requires a faster change). If you do not accept the change, you may terminate the Agreement before it takes effect.
  2. We may change the Service (for example update it, add or change features) where this is needed for the reasons in point 1, without extra cost to you. If a change has more than a minor negative impact on your access to or use of the Service, you may terminate the Agreement free of charge within 30 days of the change or of being informed about it, whichever is later, and receive a refund for the unused paid period.

17. Personal data

Personal data is processed in accordance with the Privacy Policy: https://memory-box.family/en/privacy.

18. Governing law and disputes

  1. These Terms are governed by Polish law. If you are a Consumer, this does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence.
  2. Disputes with Consumers are resolved by the court competent under the general rules. Disputes with Users who are not Consumers are resolved by the common court competent for NovaAI's registered office.
  3. As a Consumer you may use out-of-court complaint and redress procedures, for example permanent consumer arbitration courts at the Voivodeship Inspectorates of Trade Inspection, or the help of a municipal or district consumer ombudsman. Information is available at polubowne.uokik.gov.pl and uokik.gov.pl.

19. Final provisions and contact points

  1. These Terms are available at https://memory-box.family/en/terms in a form that can be saved and printed.
  2. Contact point for Users: privacy@novaai.ventures. Communication is in Polish or English and is handled by people, not only by automated tools.
  3. Single point of contact for authorities of the Member States, the European Commission and the European Board for Digital Services under the DSA: privacy@novaai.ventures (Polish or English).
  4. These Terms are effective from the date shown at the top.