terms.

MemberBerries is operated by [LEGAL ENTITY NAME] (“MemberBerries,” “we,” “us”). This agreement is between you and us. In it, “the app” means the MemberBerries iOS app, Android app, website, and the services behind them.

You accept this agreement by choosing to accept it when you create an account or join a bunch. We record which version you accepted and when. We also record that you were shown our Privacy Policy, and which version of it.

You must accept it before you can keep a memory, upload a photo or recording, react to a memory, invite anyone, or add anything else to a bunch. Until you do, you can still read what you’ve been given, download everything, and delete your account.

If we change this agreement in a way that matters, we’ll ask you to accept the new version before you add anything new. Section 23 explains how.

If you don’t accept it, don’t use the app.

To hold a MemberBerries account in your own name you must be at least 18, or old enough to enter a contract where you live, whichever is higher.

For this release, nobody under 18 can hold an account. A child can be in the record — a name, a birthday, and the memories their family kept about them — but cannot sign in.

We do not knowingly collect personal information from a child under 13. If you believe a child’s information is in the app without their parent’s or guardian’s consent, write to hello@memberberries.app and we will delete it.

A bunch is a private, invite-only group. There is no public feed, no discovery, no strangers, and no way to find a bunch you were not invited to.

Inside a bunch, every memory is tied to at least one audience. An audience decides who can see that memory and nothing else. Some audiences are dated — a memory kept for a child’s 18th birthday stays dark to that audience until that day, unless you also shared it more widely.

Two things follow from that, and they matter:

• (a) Anyone you invite into a bunch can see everything in the audiences they belong to, and can save, screenshot, or copy it. Invite people you trust.
• (b) Tagging someone as the subject of a memory — who it’s about — never gives them permission to see it. Being in the record is not the same as being in the room.

Removing someone from a bunch ends their access to everything in it, including memories they wrote themselves while they were a member.

You own what you keep. Nothing in this agreement transfers ownership of your photos, recordings, writing, or anything else you put into a bunch to us.

We do not sell your memories. We do not use them to train machine learning models. We do not use them to advertise to you or to anyone else.

To run the app, we need a narrow, practical permission from you. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, back up, copy, encode, transmit, resize, and display the content you add — for one purpose only: operating MemberBerries for you and the people you have given access to. The licence lasts as long as you keep the content with us, plus the short period our backups and deletion routines need to finish the job.

This licence does not let us publish your content, show it to anyone outside the audiences you chose, or use it to promote the app. The one exception is a report: when someone reports a specific item to us, we may look at that item as section 9 describes.

If you give us permission separately and specifically — for example, to quote something in marketing — that permission is governed by whatever you agreed to at the time, not by this clause.

You are responsible for everything you add. By adding it, you promise:

• (a) you made it, or you have the right to keep it and show it to the people you’re showing it to;
• (b) it does not break the House Rules in Part Two;
• (c) it does not infringe anyone’s copyright, trademark, privacy, or publicity rights; and
• (d) where it shows another identifiable person, you have the rights you need to keep it and share it with the audience you chose.

Family records are full of other people. Use good judgment about recordings and photographs of people who have not agreed to be in them, and about anything about a person who can’t speak for themselves yet.

Part Two of this agreement — the House Rules — applies to everything you add to MemberBerries, everything you send through it, and the way you treat other people in a bunch. It applies inside a private bunch exactly as it applies anywhere else. A small audience is not an exemption.

Part Three — our Child Safety Standards — applies the same way, without exception, and nothing in this agreement limits it.

Anyone using the app can report a memory, a photo or recording in it, a heart or a note, a person’s profile, an invitation, or a member, from inside the app. You can also report anything to us at hello@memberberries.app.

When we get a report:

• We aim to acknowledge it within three business days.
• We aim to decide what to do within five business days of acknowledging it.
• Reports involving a child’s safety, a credible threat, or an imminent risk of harm are handled ahead of everything else, as fast as we are able.

These are the targets we hold ourselves to. They are not a guarantee or a warranty, and missing one is not a breach of this agreement.

To act on a report, we may need to look at the specific content that was reported, the account that posted it, and the records around it. By using the app you agree that we may do so for that purpose. We look at the narrowest thing that lets us make a decision, and we do not go browsing a bunch because one item in it was reported.

We will tell the person who reported something that we’ve closed the report. We may not be able to tell them what action we took.

You have three controls, and you do not need our permission to use any of them:

• Block. You can block another member. A blocked person can’t tag you as the subject of a memory, can’t tag a child profile in a bunch you own, can’t add you to an audience, and can’t invite you. Their memories stop appearing in your timeline, and yours stop appearing in theirs. You can unblock them later.
• Leave. [VERIFY — R05a] You can leave a bunch at any time. If you’re its last owner, you name a new owner first, so the record always has someone looking after it.
• Remove. A bunch owner can remove any member from the bunch, which ends that person’s access to everything in it.

Blocking hides; it doesn’t change who can see what. Anything a blocked person could already see, they still can. To take that away, change the memory’s audience, or ask an owner to remove them.

Blocking is between members and does not require a report. If someone is breaking the House Rules, please report them too, so we can act.

We may remove content, limit an account, suspend it, or close it when we reasonably believe it is necessary to:

• (a) address a breach of this agreement, the House Rules, or Part Three;
• (b) comply with the law or a valid legal request;
• (c) protect a person from harm; or
• (d) protect MemberBerries, its users, or the service itself.

Where it is reasonable and lawful to do so, we will tell the account holder what happened and why. For a serious breach — anything in Part Three above all — we act first and may not give notice.

If we close your account for a breach, you may ask us to look again by writing to hello@memberberries.app within 30 days. A person who was not involved in the first decision will review it where that is practical.

We are not required to monitor what people keep in their bunches, and we don’t. Nothing in this section creates a duty to find content; it reserves our right to act on what we learn about.

Regardless of anything else in this agreement, we will remove content and may close accounts, retain records, and report to the appropriate authorities, where we are required or permitted by law. This includes reporting apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC), or the equivalent authority in your region, as described in Part Three.

You can export your memories from inside the app at any time.

You can delete your account from inside the app at any time. Before anything goes, it shows you what will happen in each bunch you’re in. When you do:

• Memories only you could see, your drafts, and memories you deleted are erased, along with their photos and recordings.
• For memories you shared, you choose: take them with you, and they are erased too, or leave them with the bunch, signed “someone.”
• If you look after a bunch that has other people in it, you choose who looks after it next. If you don’t choose, it goes to the adult who has been in it longest.
• If you are the only person left in a bunch, the bunch and everything in it goes too.

Also:

• A memory you delete is recoverable by you alone for 30 days, then permanently removed. Deleting your account happens at once and cannot be undone.
• We keep what the law requires us to keep, and we keep a minimal record of enforcement action — an account identifier and what we did — so that a person who has been removed for a serious breach cannot simply start again.
• Memories other people authored about you, or in which you appear, belong to the person who kept them and to the bunch. They do not come down with your account. If you want one removed, ask the author or the bunch owner; if it breaks the House Rules, report it to us.

We may change, add, or remove features. If we remove something you rely on, we will give you reasonable notice and a way to get your content out first.

Storage limits, file size limits, and fair-use limits apply as described in the app. We may enforce them.

We try very hard to keep your record safe and available. We do not promise the app will be uninterrupted or error-free. Keep your own copy of anything you could not stand to lose — the export exists for exactly this reason.

MemberBerries is free. If that changes we’ll tell you first, and nothing you’ve kept will be held back.

The app, its name, its mark, its design, and its software are ours and our licensors’. This agreement gives you a personal, non-transferable, revocable licence to use the app as it is intended to be used, and nothing more. Don’t copy, resell, reverse engineer, scrape, or build a competing service out of it, except where the law says you may regardless of this sentence.

If you believe something in MemberBerries infringes your copyright, write to [DMCA AGENT NAME] at hello@memberberries.app with:

• (a) your signature, physical or electronic;
• (b) identification of the work you say is infringed;
• (c) identification of the material you want removed, with enough detail for us to find it;
• (d) your contact details;
• (e) a statement that you believe in good faith the use is not authorised; and
• (f) a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorised to act for them.

We will respond to valid notices, including by removing material and closing the accounts of repeat infringers. We accept counter-notices under 17 U.S.C. § 512(g).

TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CONTENT WILL NOT BE LOST.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF OTHER USERS, ONLINE OR OFFLINE, OR FOR CONTENT THEY ADD. YOU CHOOSE WHO YOU LET INTO YOUR BUNCH.

Some jurisdictions do not allow the exclusion of implied warranties, so some of this may not apply to you. Nothing here limits a right you have that cannot be limited by law.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MEMBERBERRIES NOR ITS OWNERS, EMPLOYEES, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, DATA, OR CONTENT, ARISING OUT OF OR RELATING TO THE APP, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limits apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow these limits, so some of this may not apply to you.

You agree to indemnify and hold harmless [LEGAL ENTITY NAME] and its owners, employees, and agents from any claim, demand, loss, liability, or expense, including reasonable legal fees, arising out of (a) content you add to the app, (b) your use of the app, (c) your breach of this agreement or the House Rules, or (d) your violation of any law or of anyone’s rights, including the rights of a person who appears in content you kept. We may take over the defence of any such claim at your expense, and you will cooperate with us if we do.

This agreement is governed by the laws of [STATE], without regard to its conflict-of-laws rules.

[COURTS OR ARBITRATION — to be chosen with a lawyer, along with the county and state, before this is published.]

Nothing here prevents either of us from seeking injunctive relief to protect intellectual property or to stop ongoing harm.

If you got the app from the Apple App Store:

• (a) This agreement is between you and us, not Apple. Apple is not responsible for the app or its content.
• (b) Your licence to use the iOS app is a non-transferable licence to run it on Apple-branded devices you own or control, as permitted by the App Store Terms of Service.
• (c) Apple has no obligation to provide maintenance or support for the app.
• (d) If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation of any kind with respect to the app.
• (e) We, not Apple, are responsible for any claim relating to the app, including product liability claims, claims that the app fails to conform to a legal requirement, and claims under consumer protection or privacy law.
• (f) We, not Apple, are responsible for investigating and resolving any third-party claim that the app infringes intellectual property rights.
• (g) 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 on any U.S. Government list of prohibited or restricted parties.
• (h) Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.
• (i) You can reach us at hello@memberberries.app with any question or complaint about the app.

If you got the app from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to this agreement and is not responsible for the app or its content.

We may change this agreement. If a change is material, [VERIFY — notice process] we will tell you in the app and by email before it takes effect, and we will ask you to accept it again before you add anything new. Until you do, you can still read, download, and delete. Opening the app does not count as accepting.

The version at the top of this page tells you which version is current. Prior versions are kept at [ARCHIVE URL].

If a clause is unenforceable, the rest stays in force. Our not enforcing something once does not waive it. You may not assign this agreement; we may assign it to a successor in a merger or sale, on notice to you. This agreement, together with the Privacy Policy, is the whole agreement between you and us about the app.

We read everything that comes to these addresses.