TERMS & CONDITIONS
Last update: 01.12.2025
Welcome to MeMoment. Our services (the “Services”): website (“Website”), mobile application (“App“) and the services and products provided through them, offer subscriptions that renew automatically. Please review these Terms and Conditions (the “Terms”) carefully before starting a trial or purchasing a subscription. To avoid charges, you must actively cancel your subscription or trial at least 24 hours before it ends. Simply deleting the app or your account will not cancel your subscription.
For cancellation instructions, please visit:
- The Apple support website (if you subscribed through the App Store).
- Our Website (if you subscribed directly with us).
For full details, please consult our Subscription and Refund Policy.
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ACCEPTANCE OF TERMS
- The Terms govern the relationship between you and AppLiks Sp. z O.O., Aleja Jana Pawla II 43A/37B, 01-001 Warsaw, Poland ("we", "us", "our", or the "Company") regarding your use of the Services, including all textual, video, graphic, music, software and other content available through the Services (the “Content”).
- Your use of our Services means you accept these Terms and creates a legal agreement between you and the Company. For this reason, we strongly advise reading the Terms before using the Services.
- Please also review our Privacy Policy and any other supplemental policies or documents that may be posted on the Services from time to time. We may amend these Terms from time to time, for example to reflect changes in the Services, our business or applicable law. If we make material changes that negatively affect your rights or obligations under these Terms, we will notify you in a durable medium (for example, by email or by a message displayed in your account or within the Services) before such changes take effect. The notice will specify the effective date of the changes. If you do not agree to the amended Terms, you may terminate your subscription and stop using the Services before the date on which the changes take effect. If you continue to use the Services after the effective date, you will be deemed to have accepted the amended Terms. Non-material changes that do not affect your rights or obligations (for example, purely editorial changes, corrections of typographical errors or clarifications) will become effective when we post the updated Terms on the Services, without the need for separate notice. If you are a consumer residing in the European Union, the European Economic Area or the United Kingdom, this Section 1.3 does not limit any statutory rights you may have in relation to changes to these Terms or your right to terminate the contract.
- Any translation from the English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of these Terms and any translation, the English language version will prevail. The original English text shall be the sole legally binding version.
- These Terms contain important provisions relating to limitations of liability and dispute resolution. Section 10 below sets out when and how disputes between you and the Company may be resolved by arbitration instead of in court, and when class or collective actions may be waived. If you are a consumer residing in the European Union, the European Economic Area or the United Kingdom, Section 10 does not apply to you and your statutory rights to bring claims before the courts are not affected.
- If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by these Terms, then do not access or use the Services.
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DISCLAIMERS AND LIMITATION OF LIABILITY
- To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis and without representation or warranty of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, integration, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade.
- Without limiting the generality of the foregoing and to the maximum extent permitted by applicable law, we do not warrant that:
- the Services will be uninterrupted, timely, available at all locations, secure or error-free;
- any defects or errors will be corrected;
- the Services will be free of viruses or other harmful components;
- the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations or achieve any particular result or benefit.
- The Services and all information provided through them are intended for general informational, wellness, and entertainment purposes only. They constitute a general wellness tool and are not a one-size-fits-all solution.
- The Company is not a licensed healthcare provider, financial advisor, or legal professional. The Services do not constitute, and shall not be construed as, the provision of medical, psychiatric, financial, investment, or legal advice, diagnosis, treatment, or services. This includes, but is not limited to, any form of counseling, testing, evaluation, prescription, or therapy. Your use of the Services does not establish a doctor-patient, therapist-patient, or any other professional-client relationship between you and the Company.
- You acknowledge and agree that you are solely responsible for your own health, well-being and all related decisions, as well as those of your family (including children, born and unborn). You assume all risks associated with any activities you undertake as a result of using the Services.
- You must never disregard, delay or avoid seeking professional medical or other qualified advice based on information obtained from the Services. Any reliance you place on such information is strictly at your own discretion and risk. You are expressly prohibited from using the Services contrary to medical advice or if such use could pose any health risk.
- By using the Services, you hereby release and hold the Company harmless from any and all liability arising from your use of the Services or reliance on any Content, except to the extent that such liability cannot be excluded or limited under applicable law. We strongly encourage you to discuss any information you find through the Services with your doctor or other qualified professionals.
- The Company does not guarantee any specific results, outcomes or benefits from the use of the Services. You acknowledge that individual results may vary.
- Any testimonials, case studies or examples presented are for illustrative purposes only, may represent exceptional results and are not intended to guarantee that any user will achieve the same or similar outcomes. Past performance is not a reliable indicator of future results.
- Limitation of liability. To the fullest extent permitted by law, in no event will we (including our affiliates) be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of, or inability to use, the Services (including the content, user content, and third-party ads), even if we have been advised of the possibility of such damages. Your access to and use of the Services is entirely at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from such access or use. Notwithstanding anything to the contrary in these terms, our total maximum aggregate liability to you for all claims arising from your use of the Services is limited to the amount you have actually paid to us for the Services. These limitations of liability are fundamental elements of the agreement between you and the Company. Please note that some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. Your legal rights may vary depending on your jurisdiction.
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ACCOUNT REGISTRATION
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In order to use certain features of the Services, you may need to register an account (“Account”) and provide certain information about yourself as prompted by the registration form.
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If you register an Account, you represent and warrant to the Company that:
- all required registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- your use of the Services does not violate any applicable law or regulation or these Terms.
Otherwise, the Services may not operate correctly, and we may not be able to contact you with important notices.
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The Services are not intended to be used by individuals under the age of 18. You hereby represent and warrant to the Company that you meet the foregoing qualification.
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The Company may suspend or terminate your account or access to the Services, with or without notice, if you violate these Terms.
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You are solely responsible for safeguarding your account login information and for all activities conducted under your account. You must notify the Company immediately of any unauthorized use or any other security breach. The Company will not be held liable for any losses or damages resulting from your failure to meet these obligations.
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SERVICES
- If you use the Services, you represent and warrant to the Company that:
- all required information you submit is truthful and accurate;
- your use of the Services does not violate any applicable law or regulation or these Terms.
- The Services may be modified, updated, interrupted or suspended at any time without notice to you and without any liability to you.
- You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Services, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
- We may change the Services, including both free and paid features, at any time and without notice. You acknowledge that our actions may sometimes interrupt or prevent your access, and we are not liable for any consequences of this, such as the deletion of content or the unavailability of Services.
- You use the Services at your own risk. To the fullest extent permitted by law, we are not responsible for any harm resulting from your use of the Services or reliance on its information. This includes damage to your computer, loss of data, or any bodily injury to you or others.
- While we are not obligated to provide customer support, we may choose to do so at our discretion.
- If you use the Services, you represent and warrant to the Company that:
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USER REPRESENTATIONS AND RESTRICTIONS
- By using the Services, you confirm and agree that:
- You are at least 18 years old, have the legal capacity to enter into contracts, and agree to be bound by these Terms.
- You will access the Services only through human-driven means and will not use any automated systems, such as bots, scripts, spiders, or scrapers.
- You will not use the Services for any illegal or unauthorized purpose and will comply with all applicable laws and regulations.
- You are not located in a country under a U.S. government embargo or designated as a "terrorist-supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.
- As a user, you are expressly forbidden from:
- Using the Services for any unauthorized purpose, including any commercial activity not explicitly approved by us.
- Systematically scraping data to build a collection, database, or directory without our written consent.
- Creating derivative works, modifications, or adaptations based on the Services.
- Using the Services to develop a competitive product or service.
- Making the Services available to multiple users over a network.
- Using our intellectual property to design or develop unauthorized applications for use with the Services.
- Interfering with the Services' security features, disrupting its functionality, or placing an undue burden on our infrastructure.
- Attempting to reverse engineer, decompile, or disassemble any of our software.
- Bypassing any access-restriction measures.
- Uploading malicious code or files that could harm another's computer.
- Sending automated queries or unsolicited commercial emails through the Services.
- Engaging in unlawful conduct aimed at unjustifiably damaging our reputation, including making defamatory or knowingly false statements about us or the Services.
- Consequences of Violation. Providing false or inaccurate information, or engaging in any of the prohibited activities above, gives us the right to refuse or terminate your access to the Services, now or in the future.
- By using the Services, you confirm and agree that:
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INTELLECTUAL PROPERTY, USER CONTENT, THIRD PARTY ADS
- Under these Terms, we grant you a limited, personal license to use the Services. This license is for your own non-commercial use and cannot be transferred to anyone else or used to create sublicenses. We can revoke this license at any time.
- All content and software used to operate the Services, such as text, images, logos, and data (including the Content and excluding any User Content (as defined below)), are the proprietary property of the Company or its licensors. The Company reserves all rights, and you may not copy, modify, or exploit Our Content except as explicitly allowed by these Terms. Your use of the Services does not grant you any ownership rights to this intellectual property.
- The information you submit to us and any data, text and other material that you may submit to the Services (“User Content”) remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of the User Content and use it as reasonably necessary for or incidental to its operation of the Services and as described in these Terms and the Privacy Policy.
- You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Services, to the extent permitted by applicable law and subject to our Privacy Policy.
- You are solely responsible for any User Content. We do not control or endorse User Content and cannot guarantee its accuracy, quality, or suitability. Your interactions with other users are your own responsibility. The Company is not liable for any disputes, losses, or damages that arise from these interactions or from any User Content, and we are not obligated to intervene in any user disputes.
- The Services may include links to third party websites or resources and advertisements for third parties (collectively, “Third-Party Ads”). We do not control and are not responsible for these Third-Party Ads. We provide them for your convenience only and do not endorse or guarantee their accuracy.
- You are solely responsible for the risks associated with using any Third-Party Ads. When you leave our Service, the third party's terms and privacy policies apply. You should conduct your own research before engaging in any transaction. Any dealings you have with third parties found through our Service, including the purchase of goods, are solely between you and that third party.
- You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any users of the Services, or any Third-Party Ads.
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PAYMENTS AND REFUNDS
- The specific terms governing purchases, subscriptions, trials, and refunds are outlined in a separate document: the Subscription and Refund Policy, by making a purchase, you acknowledge and agree that you have read, understood and accept all the provisions of this policy.
- If you are a consumer residing in the European Union or the European Economic Area and you purchase access to the Services as digital content or a digital service, you may have a statutory right of withdrawal (cooling-off period) and statutory rights in case the Services do not conform with the contract, in accordance with the consumer protection laws of your country of residence. These rights are described in more detail in our Subscription and Refund Policy and cannot be excluded or limited by these Terms. In case of any inconsistency between these Terms and your mandatory statutory consumer rights, your statutory rights shall prevail.
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INDEMNIFICATION
- You agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, partners, suppliers, licensors, and their respective officers, directors, employees, and agents from and against any claims, demands, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, in breach of these Terms or applicable law, or your User Content.
- The Company reserves the right to assume the exclusive defense and control of any matter subject to this indemnification, at your expense. In such cases, you agree to cooperate with our defense. You may not settle any claim without the Company's prior written consent. We will make reasonable efforts to notify you of any claim we become aware of that is subject to this indemnification.
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GOVERNING LAW AND SANCTIONS
- Except as provided otherwise in this Section 9 (for example, for residents of the United States, the European Union, the European Economic Area or the United Kingdom), these Terms and your use of the Services are governed by the laws of the Republic of Poland, excluding its conflict of law rules. Your use of the Services may also be subject to other local, state, national or international laws that apply to you as a consumer. If you are a resident of the United States, then, to the extent permitted by applicable law, these Terms and any dispute arising out of or relating to them or to the Services shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law rules. You may have the benefit of mandatory consumer protection rules of your state of residence, which shall apply in addition to the laws of the United States. For residents of the United States, the United States Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of the arbitration provisions in Section 10 below.
- If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting the Company by sending an email to support@memoment.ai.
- If the informal dispute resolution process does not lead to a satisfactory outcome:
- EU Consumers: You have the right to submit complaints via the European Online Dispute Resolution (ODR) platform or to your local consumer protection authority.
- US Consumers: You may contact your local consumer protection agency. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing or by telephone.
- To the fullest extent permitted by law, and except as otherwise provided in Section 10, all parties irrevocably agree that the courts of the Republic of Poland shall have exclusive jurisdiction to settle any further disputes arising from this agreement. You irrevocably submit to the personal jurisdiction of these courts and waive any objections to the venue.
- Furthermore, you may only pursue a claim or counterclaim in your individual capacity, not as a member of any class or representative proceeding. Claims from multiple parties may only be combined with the written consent of all affected parties.
- The Company strictly prohibits the use of its Services for any illicit activities, including money laundering, terrorist financing, or violations of trade sanctions, in accordance with international laws and norms.
- Given the global nature of the IT sector, the Services are designed for worldwide distribution and use. Consequently, such use may fall under the scope of international sanctions lists. The Company does not represent or warrant that the Services are accessible, appropriate, or legally available for use in your location. Accessing or using the Services from jurisdictions where such activities are illegal is strictly prohibited. You access the Services on your own initiative and assume full responsibility for complying with all applicable local laws.
- By using the Services, you warrant that you are not listed on any international or government Sanctions List (including prohibited, denied, unverified-party, or debarment lists). If you are placed on any Sanctions List, you must immediately discontinue using the Services. Failure to do so will result in the suspension or termination of your account.
- The Company reserves the right to restrict access to its Services in certain jurisdictions or territories, making the Services unavailable from such locations. Individuals located in, or residents of, these prohibited jurisdictions are not permitted to use the Services. This restriction also applies to residents and citizens of other nations while they are physically located in a prohibited jurisdiction. Any attempt to circumvent these geographic restrictions constitutes a material breach of this agreement.
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MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
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Please review this arbitration provision carefully as it affects your legal rights.
- This Section 10 applies only to users who are residing outside the European Union, the European Economic Area and the United Kingdom, including residents of the United States, and only to the extent that mandatory laws applicable to such users permit pre-dispute arbitration agreements and class action waivers.
- If you are a consumer residing in the European Union, the European Economic Area or the United Kingdom, this Section 10 does not apply to you. In such case, you may bring legal proceedings as described in Section 9, and nothing in this Section 10 limits your statutory rights.
- If applicable law does not permit a pre-dispute arbitration agreement in your case, this Section 10 shall be interpreted as allowing arbitration only to the extent permitted by law and only if both parties expressly agree in writing to arbitrate a particular dispute after it has arisen.
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Agreement to Arbitration and Waiver of Jury Trial (where permitted by law).
- Where this Section 10 applies and to the maximum extent permitted by law, you and the Company agree that any claim, dispute or controversy arising out of or relating to these Terms, the Services or the relationship between you and the Company (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) shall be finally resolved by confidential, binding arbitration rather than in court.
- By agreeing to arbitration in accordance with this Section 10, you and the Company acknowledge and agree that you are each waiving the right to a trial by jury to the extent permitted by applicable law.
- Notwithstanding the agreement to arbitration in this Section 10, either you or the Company may bring an individual action in a small claims court of competent jurisdiction instead of arbitration, if the claim qualifies to be brought in such court.
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Class Action Waiver (where permitted by law).
- To the maximum extent permitted by applicable law, you and the Company agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding.
- Unless both you and the Company agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective or representative proceeding.
- Where a class action waiver is not permitted by mandatory law applicable to you, this Section 10.3 will not apply to you, and such law shall prevail.
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Arbitration Procedure.
- If you are a resident of the United States, any arbitration arising under this Section 10 shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in force (the “AAA Rules”), as modified by this Section 10.4. The arbitration shall be conducted by a single neutral arbitrator.
- For residents of the United States, the place of arbitration shall be the county (or equivalent) of your residence in the United States, unless you and the Company agree otherwise. The arbitration may be conducted in person, by written submissions only, by telephone or by video conference, to the extent permitted by the AAA Rules and as determined by the arbitrator.
- If you are not a resident of the United States, any arbitration arising under this Section 10 shall be administered and finally decided by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw (the "Arbitration Court") in accordance with its rules in force at the time the notice of arbitration is submitted, which rules are deemed to be incorporated by reference into this Section 10. The arbitral tribunal shall consist of a single arbitrator appointed by the Arbitration Court. The seat of arbitration shall be Warsaw, Poland. The language of the arbitration shall be English, unless the parties agree otherwise.
- In all cases, the arbitral award may be enforced in any court of competent jurisdiction.
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Pre-Arbitration Notice and Time Limits.
- A party intending to commence arbitration must first send a written Notice of Dispute to the other party. The Notice must (a) describe the nature and basis of the claim; and (b) set forth the specific relief sought. The Notice must be sent to the Company by international registered mail at its registered address set out in these Terms.
- The parties agree to attempt to resolve the dispute through informal negotiation within 30 days after the Notice is received.
- If the dispute is not resolved within such a thirty day period, either party may commence formal arbitration proceedings. If you are a resident of the United States, the arbitration shall be commenced with the AAA in accordance with the AAA Rules. If you are not a resident of the United States, the arbitration shall be commenced with the Arbitration Court in accordance with its rules.
- Any claim subject to arbitration under this Section 10 must be filed with the relevant arbitration institution (AAA for residents of the United States or the Arbitration Court for non-US residents) within 1 year after the date on which the claimant became aware, or reasonably should have become aware, of the facts giving rise to the claim, unless a longer limitation period is required by mandatory law. In the latter case, the applicable statutory limitation period shall apply and shall not be shortened by this Section 10.5.
- Each party shall bear its own costs and attorneys' fees incurred in connection with the arbitration, unless the applicable procedural rules or the arbitrator's award provide otherwise. The fees of the arbitration institution (AAA or the Arbitration Court, as applicable) and the arbitrator shall be borne by the unsuccessful party, unless the arbitrator determines that a different allocation is appropriate under the circumstances.
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Confidentiality.
- All aspects of the arbitration proceeding, including but not limited to the submissions of the parties, the hearings, the evidence presented and the arbitral award, shall be treated as strictly confidential and shall not be disclosed to any third party without the express written consent of both parties, except: (a) to the extent required to enforce or challenge the arbitral award in a court of competent jurisdiction; (b) as may be required by applicable law or a competent governmental authority; or (c) to the professional advisors of a party who are bound by confidentiality obligations.
- The parties shall use their best efforts to ensure that the arbitrator and the relevant arbitration institution respect the confidentiality obligations set out in this Section 10.6.
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MOBILE APPLICATION STORES
- If you access our Services through Apple's App Store or use them on iOS devices, you acknowledge and agree to the following Apple-specific terms:
- These Terms constitute an agreement solely between you and our Company. Apple is not a party to this agreement and bears no responsibility for the Services or their content.
- The license permits you to install and use the Services only on iOS devices you own or control, strictly for personal, non-commercial purposes. This limited, non-transferable license is subject to the usage rules established in Apple's App Store Terms of Service.
- Our Company bears exclusive responsibility for providing maintenance and support services as outlined in these Terms or required by applicable law. Apple has no obligation to provide any maintenance or support services for the Services.
- Our Company is solely responsible for any product warranties, whether express or implied. If the Services fail to meet applicable warranties, you may notify Apple, which will refund your purchase price. Beyond this refund obligation, Apple assumes no warranty responsibilities regarding the Services.
- Our Company, not Apple, is responsible for addressing all claims relating to the Services, including:
- Product liability claims
- Regulatory compliance issues
- Consumer protection claims
- Our Company assumes full responsibility for investigating, defending, and resolving any third-party intellectual property infringement claims related to the Services or your use of it.
- You must comply with all applicable third-party agreements that might affect your use of the Services. You also warrant that you:
- Are not in a U.S. embargoed country or territory designated as terrorist-supporting,
- Are not listed on any U.S. government prohibited or restricted parties list.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and retain the right to enforce these Terms against you.
- Please direct all questions, complaints, or claims regarding the Services to us via email at support@memoment.ai.
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TERMINATION OF THE AGREEMENT
- The Company may suspend or terminate your account and access to the Services as outlined in this agreement. Specifically, violating any terms of this agreement or other Company policies may lead to the suspension, deactivation of your account, and termination of this agreement. In such cases, you will not be entitled to any refunds or rewards.
- You may terminate this agreement by canceling your subscription for ongoing Services. The termination will be effective on the last day of your pre-paid subscription period.
- In the event of a material breach of this agreement, the Company reserves the right, at its sole discretion, to: Report the violation to relevant law enforcement authorities, disclosing details of the breach and your personal data. Permanently ban you from using the Services. If a lifetime ban is imposed, your credentials (such as name, surname, IP address, and email address) may be permanently blocked from accessing the Services.
- To terminate the agreement, follow the steps below based on how you subscribed:
- Website Subscriptions: Log into your account on the Website or contact our support team via email or the "Contact us" option.
- Apple App Store Subscriptions: Cancel through the respective Apple App Store platform or request assistance from our support team via email or the "Contact us" option.
- Deleting the application (App) from your device does not constitute cancellation of your subscription or termination of this agreement. You must follow the outlined cancellation procedures to formally terminate the agreement.
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MISCELLANEOUS PROVISIONS
- If we do not enforce our rights immediately upon any breach of these Terms by you, it will not be considered a waiver of those rights. Any waiver of a specific breach by us will not be deemed a waiver of any subsequent breaches.
- If any part of these Terms is found to be invalid or unenforceable, the remainder of the Terms will stay in full effect. The invalid part will be reformed to be valid and enforceable, reflecting the original intent of the parties as closely as possible.
- These Terms constitute the complete and exclusive agreement between you and the Company concerning the Services, replacing all prior discussions, agreements, and understandings, whether written or oral.
- You cannot transfer any rights granted by this agreement to a third party without prior written consent from the Company. The Company has the right to transfer or assign all of its rights and obligations under these Terms to any other person or entity. By agreeing to these Terms, you give your consent to such transfers. Posting an updated version of the Terms on the Services that names a new party will serve as valid notice of this transfer to you.
- You agree that our communications via the Services or email constitute electronic communications. You consent to receive notices, disclosures, and other records from us electronically, and you agree that these electronic records have the same legal effect as written, signed documents. Actions such as clicking "SUBMIT," "CONTINUE," "I AGREE," "PAY," or similar buttons constitute your legally binding electronic signature and represent your intent to be bound by a contract.
- The Company will not be held liable for any failure to perform its obligations under these Terms when such failure results from causes beyond its reasonable control.
- If you want to send any notice under these Terms or have any questions regarding the Services, you may contact us at: support@memoment.ai.