Acceptance of these Terms

In short: Using Memento Mode means you agree to these Terms. If you don't, please don't use it.

These Terms of Service ("Terms") are a binding agreement between you and Memento Digital Group Ltd. ("Memento Mode," "we," "our," or "us") governing your use of the Memento Mode mobile application and related services (the "App"). By creating an account, downloading, or using the App, you agree to these Terms and to our Privacy & Security Policy. If you don't agree, don't use the App.

Who we are

In short: Memento Mode is made by Memento Digital Group Ltd., a company based in Canada.

The App is provided by Memento Digital Group Ltd., a company registered in Canada. You can reach us at hello@mementomode.com.

Eligibility and age

In short: You need to be at least 13 — and older in parts of Europe. If you're under the age of majority where you live, you need a parent or guardian's permission.

You must be at least 13 years old to use the App. If you are in the European Economic Area, the minimum age may be higher — each country sets a digital-consent age between 13 and 16, and you must meet your country's age (or have a parent or guardian's consent) to use the App. If you are under the age of majority where you live (for example, 19 in British Columbia), you may use the App only with the involvement and consent of a parent or legal guardian who agrees to these Terms. By using the App, you represent that you meet these requirements and that the information you provide is accurate.

The service

In short: Memento Mode is an AI coach that helps you pause before mindless app use. It's a wellbeing tool — not medical or mental-health care.

Memento Mode is a digital wellbeing app. It helps you build more intentional phone habits by noticing when you open apps you've chosen to monitor and offering AI-generated coaching in that moment. To detect those app launches, the App uses Android's Accessibility Service or Apple's Screen Time framework, depending on your device, as described in our Privacy & Security Policy.

Memento Mode is intended for general wellbeing and self-improvement. It is not a medical device and does not provide medical, psychological, therapeutic, or crisis services. It is not a substitute for professional advice, diagnosis, or treatment. If you are in crisis or need help, contact a qualified professional or your local emergency services.

Your account

In short: Keep your login secure and your details accurate. You're responsible for what happens under your account.

To use certain features, you'll create an account, including through Google Sign-In. You agree to provide accurate information and to keep it current. You are responsible for activity that happens under your account and for keeping your credentials secure. Tell us promptly at hello@mementomode.com if you believe your account has been accessed without your permission.

AI and coaching disclaimer

In short: The coaching is generated by AI. It can be wrong, and it isn't professional advice — your decisions are your own.

The App's coaching responses are generated using third-party artificial-intelligence services (including those provided by Google and Anthropic). AI-generated content can be inaccurate, incomplete, or inappropriate for your situation, and may not reflect the most current information. Coaching is provided for general informational and motivational purposes only and is not professional, medical, legal, financial, or psychological advice. You are responsible for your own decisions and actions. Do not rely on the App for any decision that could affect your health, safety, finances, or legal rights, and seek a qualified professional where appropriate.

Acceptable use

In short: Use the App lawfully, and don't try to break, abuse, or reverse-engineer it.

You agree not to:

Use the App for any unlawful purpose or in violation of these Terms;
Reverse engineer, decompile, or attempt to extract the source code of the App, except where this restriction is prohibited by law;
Interfere with or disrupt the App, its servers, or networks, or attempt to gain unauthorized access to any part of the service;
Scrape, harvest, or collect data from the App other than your own;
Use the App to transmit harmful, infringing, or unlawful content, or to abuse, harass, or harm others or our providers' systems; or
Circumvent any security, usage, or access limitations of the App.

Subscriptions and payments

In short: The App has a free tier and an optional auto-renewing subscription billed through the App Store or Google Play. It renews until you cancel, and refunds follow the store's rules.

Parts of the App are free. We also offer optional paid subscriptions that unlock additional features.

Billing through the app stores

Subscriptions are sold and billed through the Apple App Store or Google Play (managed on our side by RevenueCat and/or Superwall). When you subscribe, your payment is processed by the applicable app store under its own terms, and the store — not Memento Mode — is the merchant of record.

Auto-renewal

Subscriptions automatically renew at the end of each billing period (for example, monthly or yearly) at the then-current price, unless you cancel before the renewal date. Your account is charged through your app-store account. Before you subscribe, the App will show you the price, billing period, and renewal terms.

Free trials

If we offer a free trial, it automatically converts to a paid subscription at the end of the trial unless you cancel beforehand. Any unused portion of a free trial is forfeited when you purchase a subscription.

Cancellation

You can cancel anytime through your Apple App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period; you keep access until then.

Price changes

We may change subscription prices. We'll give notice as required, and changes apply to the next billing period. If you don't agree, you can cancel.

Refunds

Because purchases are processed by the app stores, refunds are governed by the applicable store's policies (Apple or Google). We don't separately control store refunds. Nothing here limits any non-waivable refund or cancellation rights you have under the consumer-protection laws of your country or province.

Taxes

Prices may include or be subject to applicable taxes, which the app store handles.

Third-party services and app stores

In short: Apple, Google, and our providers have their own terms, and the app stores can enforce relevant parts of these Terms.

The App relies on third-party services, including the Apple App Store, Google Play, Supabase, and AI providers (Google and Anthropic). Your use of those services is subject to their own terms and policies, and we aren't responsible for them.

Apple App Store — additional terms

If you download the App from the Apple App Store, the following also apply, and prevail over anything inconsistent in these Terms:

This agreement is with us, not Apple. These Terms are between you and Memento Digital Group Ltd. only, not Apple. Apple is not responsible for the App or its content.
Licence scope. Your licence to use the App is a limited, non-transferable licence to use it on any Apple-branded device you own or control, as permitted by the Usage Rules in the applicable Apple App Store terms.
Maintenance and support. We — not Apple — are solely responsible for any maintenance and support for the App. Apple has no obligation to provide any maintenance or support.
Warranty. We are responsible for any product warranties, whether express or implied by law, that are not effectively disclaimed. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the App.
Product claims. We, not Apple, are responsible for addressing any claims relating to the App or your use of it, including product-liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer-protection or similar law.
Intellectual-property claims. If a third party claims the App infringes its intellectual-property rights, we, not Apple, are responsible for the investigation, defence, settlement, and discharge of that claim.
Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Contact. Questions, complaints, or claims about the App should be directed to us at hello@mementomode.com.
Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, on your acceptance, have the right to enforce these Terms against you.
Third-party terms. You must comply with any applicable third-party terms when using the App.

Google Play

If you download the App from Google Play, you also agree to the Google Play Terms of Service, and Google is a third-party beneficiary of these Terms to the extent they concern your use of the App obtained through Google Play.

Intellectual property

In short: We own the App and its brand. You get a limited, personal licence to use it.

The App, including its software, design, text, graphics, logos, and the "Memento Mode" name, is owned by Memento Digital Group Ltd. or its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to download and use the App for your own personal, non-commercial use. You may not copy, modify, distribute, sell, or lease any part of the App except as these Terms allow.

Your content and feedback

In short: Your intentions and conversations stay yours. You let us process them to run the App, and any feedback you send us we can use freely.

You keep ownership of the content you create in the App, such as your intentions and your conversations with the coach ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, and transmit Your Content as needed to operate, provide, secure, and improve the App — including sending relevant context to our AI providers to generate coaching — consistent with our Privacy & Security Policy. You are responsible for Your Content and confirm you have the right to provide it.

If you send us feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, royalty-free licence to use them without any obligation or compensation to you.

Privacy

In short: Our Privacy & Security Policy explains how we handle your data, and it's part of this agreement.

Your use of the App is also governed by our Privacy & Security Policy, which is incorporated into these Terms by reference. Please read it to understand how we collect, use, and protect your information.

Disclaimers

In short: The App is provided "as is." We can't promise it will always work perfectly, except where the law says otherwise.

To the maximum extent permitted by law, the App is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or secure, or that it will meet your expectations or produce particular results.

Some jurisdictions, including British Columbia, do not allow the exclusion of certain warranties or statutory conditions. Nothing in these Terms excludes or limits any warranty, condition, or right that cannot legally be excluded or limited, and to the extent any such protection applies to you, our liability is limited to the minimum permitted by that law.

Limitation of liability

In short: We're not liable for indirect damages, and our total liability is capped. Some places don't allow these limits, and we respect that.

To the maximum extent permitted by law, Memento Mode and its officers, directors, employees, and providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of (or inability to use) the App.

To the maximum extent permitted by law, our total liability for all claims relating to the App will not exceed the greater of (a) the amount you paid us for the App in the twelve months before the event giving rise to the claim, or (b) CAD $100.

Some jurisdictions don't allow the exclusion or limitation of certain damages. Where that applies to you, the above limitations apply only to the extent permitted by law.

Indemnification

In short: If your misuse of the App causes a claim against us, you agree to cover it, where the law allows.

To the extent permitted by law, you agree to indemnify and hold harmless Memento Mode and its providers from any claims, damages, losses, and reasonable expenses (including legal fees) arising out of your misuse of the App, your violation of these Terms, or your violation of any law or the rights of a third party.

Dispute resolution and arbitration

In short: Let's try to sort out problems informally first. If we can't, disputes are resolved by individual arbitration rather than in court — but this never takes away consumer-protection rights you can't waive where you live, and you can opt out within 30 days.

Please read this section carefully — it affects how disputes between you and Memento Mode are resolved.

Informal resolution first

Before starting a formal proceeding, you agree to contact us at hello@mementomode.com and give us 30 days to try to resolve the issue informally. Most concerns can be sorted out this way.

Binding arbitration

If we can't resolve a dispute informally, you and Memento Mode agree that any dispute arising out of or relating to these Terms or the App will be resolved by final and binding individual arbitration, rather than in court, except as set out below. The arbitration will be administered under recognized arbitration rules in British Columbia, Canada, and the seat of arbitration will be British Columbia. The arbitration will be conducted in a way that is accessible and not cost-prohibitive for you; we will not seek to recover our legal fees from you except where permitted by law, and where required to keep arbitration affordable we will bear the arbitration provider's filing and hearing fees.

Class-action waiver

To the extent permitted by law, you and Memento Mode agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Your non-waivable consumer rights

Nothing in this section takes away any right you have under consumer-protection law that cannot be waived by contract. In particular, if you are a consumer in British Columbia, you keep your statutory rights under the Business Practices and Consumer Protection Act — including the right to bring an action in court, and to seek class relief, for claims under that Act — and the arbitration requirement and class-action waiver above do not apply to those claims. The same applies anywhere local law does not permit mandatory arbitration or a class-action waiver against consumers (for example, in Quebec): there, those requirements don't apply to you, and the dispute may proceed in the courts described below. The rest of these Terms still apply.

Small-claims and injunctive relief

Either party may also bring an individual claim in small-claims court, or seek injunctive relief in a court for intellectual-property or unauthorized-access matters, instead of arbitration.

30-day opt-out

You can opt out of this arbitration agreement by emailing hello@mementomode.com within 30 days of first accepting these Terms, stating that you opt out of arbitration and including your account email. Opting out won't affect any other part of these Terms.

Governing law and venue

These Terms and any dispute are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there, without regard to conflict-of-laws rules. Where a dispute is not subject to arbitration, you and Memento Mode submit to the courts located in British Columbia, subject to any non-waivable right you have to bring proceedings in your home jurisdiction.

Termination and suspension

In short: You can stop anytime by deleting the App. We can suspend or end access if these Terms are broken.

You may stop using the App at any time and delete your account from the App's settings. We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the App. On termination, your right to use the App ends. Sections that by their nature should survive — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive termination.

Changes to the service and these Terms

In short: We may update the App and these Terms. If changes are significant, we'll let you know, and continuing to use the App means you accept them.

We may modify, suspend, or discontinue all or part of the App at any time. We may also update these Terms from time to time. If we make material changes, we'll provide notice through the App or by updating the "Last updated" date above. Your continued use of the App after changes take effect means you accept the updated Terms. If you don't agree, please stop using the App.

General terms

In short: The usual legal housekeeping — these Terms are the whole agreement, and if one part fails the rest still stands.

These Terms, together with the Privacy & Security Policy, are the entire agreement between you and Memento Mode about the App. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision isn't a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We aren't liable for delays or failures caused by events beyond our reasonable control. We may provide notices to you through the App or the email associated with your account. These Terms are written in English, and any translation is provided for convenience only; the English version controls.

Contact us

In short: Email hello@mementomode.com.

Questions about these Terms? Contact us at:

Email: hello@mementomode.com
Memento Digital Group Ltd.