Terms of service

Welcome to Memories Book!

Your memories about those who were close and dear to you is our mission. Memories Book (the “Service”) offers its users a web application which allows users to keep and share recollections of the departed people.
The provision of the Services is subject to the following terms of service (the “Terms”). Please read them to receive a clear perception of what we are offering to you, and what we expect from you when you are using the Service.
The Service is provided by Memories Book Oy (the “Company”, “We”, “Us”), a company registered in Finland (Business ID 3370199-7) having its address at:

c/o Streamex Oy
Malminkaari 5
00700 Helsinki
Finland

If you find anything in these Terms unclear to you, please do not hesitate to reach out at hello@memoriesbook.io.
Memories Book brands are property of Memories Book Oy.

Use of the Service

These Terms explain how you may use our online and/or mobile services, website, and software provided on or in connection with the Services. By using the website memoriesbook.io (the «Website») you agree to be conformant to the Terms in a way that constitutes a legally binding agreement (the "Agreement") between yourself (the "User", “you”) and the Company. In the case of disagreement with all or part of these Terms, you should abstain from using the Website and the Service.

By accepting the Terms you agree to comply with the following Service rules:

  • To have read and understood what is explained here.
  • To have assumed all of the obligations that are stated here.
  • To use the Service solely for purposes permitted by law and which do not violate the rights of a third-party.
  • Not to use the Website for any unlawful activity.
  • Not to gather, handle, or store personal information about other Users or third-parties without complying with the current legislation regarding the protection of information.

Failure to comply with these obligations may result in the cancellation of the Agreement and suspension or termination of the Service.
If the regulations in the Terms are in contradiction with the Privacy Policy, the Terms will prevail.

The Service

The Service is designed to enable the Users to create information pages (the «Page») of deceased people (the «Persona») and share them with others through links formed as QR codes. QR codes can be shared electronically or they can be engraved on a tangible media (the «Plate»).

The Company owns the right to totally or partially stop providing any of its Services whenever it considers it appropriate without prior notification to its Users.

The QR codes

The Service is aimed at creating memorial Pages about deceased people and sharing them with others. To share a Page you generate a QR code which contains a link. By scanning the QR code and clicking on the link a visitor is taken to the Page and gets access to information you have chosen to publish or upload on it.

Each Page gets its own unique QR code.

The Plates

You can order the QR code to be engraved on a tangible Plate and delivered to your address. You can then install the Plate with the QR code in a place where others would see and scan it, for example, at a burial place, or on a wall of a house in which the deceased person once lived.

For Plates manufacturing and delivery we might use third party service providers. In this case we will share with them information about your order, including delivery address. Please note that we don’t share with third party services providers, your authentication information and other personal data.

Payments

Most of our Services, such as creation of Pages and visiting Pages via QR codes, are free of charge. For some services, such as manufacturing Plates and delivery, we might charge fees. In this case we will offer you a number of payment methods, including online card payment.

To complete the payment you will be taken to the payment page which is operated by a third party payment provider and is not subject to our Privacy Policy. Please note that information which you will fill in on the payment page will be subject to the privacy policy of the payment provider.

We do not collect or process your payment details, such as card numbers. However, we might receive from our payment provider information about your delivery address. We need it to arrange the shipment of your purchase to you.

Not registered Users (“Visitors”)

Not registered Users are entitled to access the Pages using QR codes. We do not collect or process any personal data of our Visitors. However, our Website uses cookies which are essential for the operations of the service and for its correct functionality, as explained in our Cookies Policy

Registered Users

Users register to the Service by creating an account on the Website. User’s authentication is made via Google account, which means that the User authorizes Google to provide us with certain authentication information, as described in more detail in our Privacy PolicyIf your Google account is deleted, you cannot be authenticated on the Website and might not be able to use the Services.

User is solely responsible for the activity that occurs on his account and must keep his authentication data secure. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. The Website will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use anyone else's account at any time.

Protection of minors

The Service and the Website are not intended for underaged users. The Minimum age requirement for registered Users is 16 years. By creating an account at our Service you confirm that you are at least 16 years old.

IF YOU ARE UNDER THE AGE OF 16 YOU MAY NOT USE THE WEBSITE, UNLESS PARENTAL CONSENT IS PROVIDED ACCORDINGLY

Please, make sure that the content you upload to the Website is suitable for visitors aged 16+.

The Persona

The Service is aimed to enable you to create Pages of deceased people, we call them “Persona”.
When creating a Page you need to provide the following information about a Persona:

  • full name
  • date of birth
  • date of death

This information is mandatory and it is used to identify the Page and to create a QR code link to it.

On the Page you can also provide other information about the Persona, including the following:

  • gender
  • citizenship
  • place of birth
  • burial place
  • biography
  • photos
  • YouTube videos

Sometimes publishing information about deceased people can be sensitive to their relatives, or to society. We ask you to respect the feelings of other people and not to publish any content on Pages which might be offensive or otherwise inappropriate to the memory of Personas.

By creating a Page you warrants us that

  • Information about the Persona is related to the deceased person
  • Information about the Persona corresponds to the facts
  • During his or her lifetime, nor in his or her will, the Persona did not expressly or implicitly prohibit the publication of information relating to him or her in social media
  • You are Persona’s family member, or rightful heir, or act on their behalf

If you aren’t the Persona’s family member, or rightful heir but you still want to create a Page, please contact us and we will help you do it.
You can at any time update Persona’s information on the Page.

AI-assisted biography description

Our AI-powered tool can help you create a Persona’s biography description based on at least 5 facts about the Persona. You can manually edit the biography description before publishing it on the Page. Please make sure you’ve read the AI-generated biography description prior to publishing and have edited it as necessary.

Privacy and Protection of Personal Information

Our Personal Data Privacy Policy describes how we handle your data when you use our Services. Our Website uses cookies, as explained in our Cookies Policy.
In accordance with the applicable law the information relating to a deceased person does not qualify as personal data in the meaning of the GDPR. Therefore, the creation of a Page and populating it with information related to a Persona is not generally considered as processing of personal data.
Information about the Persona displayed on the Page becomes publicly accessible via a QR code, unless the User sets a privacy mode for a particular Page.
A User can set the Page to privacy mode, in which case the Page will only be visible to the User who created it, and all other visitors using a QR code to the Page will see a notice that the Page is unavailable.

Content of the Pages

You are responsible for all photos, videos, captions, texts and other files (the “Content”) you share through our Services, including ensuring that you have the right to use the Content, and that it complies with laws, rules, regulations and these Terms. By way of example, and not as a limitation, you agree that when using the Services, you will not:

  • Publish or upload any inappropriate, profane, defamatory, obscene, indecent or unlawful Content, materials of a sexual nature or sexual abuse, Content promoting self harm, intellectual property theft, or other illegal activities.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Upload, or otherwise make available Content that contain images, photographs or other material protected by intellectual property laws or by rights of privacy or publicity unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Upload Content that contains viruses, Trojan horses, worms, time bombs, corrupted files, or any similar programs that may damage the operation of a computer or property of another.
  • Upload Content that violates laws, rules, regulations or the Terms.

We have no obligation to monitor the Content. However, we reserve the right to review the Content posted on the Website and to remove any materials at our sole discretion. In particular, if it comes to our attention that the Content is in violation of the above requirements, we have the right to remove it.

Content Licensing

By publishing the Content on the Page you grant us a worldwide non-exclusive, royalty-free, sublicensable license to use, copy, reproduce, adapt, modify, publish, transmit and display the Сontent and distribute it in any and all media or distribution methods. This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes our right to provide, promote and improve our Services and to make the Content available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication on the other media and services. Such additional uses by us, or other companies, or organizations or individuals is made with no compensation paid to you with respect to the Content, the use of our Services by you hereby being agreed as sufficient compensation.

Reporting Violative Content

The Website is intended to be a space where people can keep precious memories and express their real selves while feeling safe.
It is not allowed to use the Website and the Service to share the Content that violates another person's rights, or is counterfeit, or was posted without the Persona`s family approval, or does not comply with laws, rules, regulations, or these Terms (“Violative Content”). Using the Website or the Services for engaging in, or promoting illegal activities, will not be tolerated.
If you detect the Violative Content, please report it to us by email athello@memoriesbook.io , or through the reporting form, which can be opened at the bottom of each page, via the menu button

With regard to the Violative Content reported to us we reserve the right to take at our sole discretion any or all of the following measures:

  • to inform the User about the report and to request taking down of the Violative Content
  • to temporary or permanently block the Page containing the reported Violative Content
  • to permanently delete the Violative Content from the Website
  • to temporary or permanently block all Pages of the User found to have posted the Violative Content
  • to delete the account of the User found to have posted the Violative Content

Deleting the Pages and User accounts

If you wish to delete from the Website the Pages you have created, or your entire account, please contact us at hello@memoriesbook.io

We reserve the right to delete the Pages which have been reported as containing the Violative Content, as well as accounts of Users found to have posted the Violative Content.

Advertising and Marketing

We may place marketing and advertising information on the Website, including that of the third parties, as well as by placing banners and other links to third-party resources. We may send you information, marketing or promotional messages related to the Company's activities, for example business notifications of new functionality of the Services, other notifications related to the Services.
We may communicate such messages to you by displaying them on the Website, or by sending them to your email address. By creating an account on the Website and using the Services you agree with that. If you don’t want to receive our marketing messages to your email, you may at any time withdraw your consent by clicking the unsubscribe link in a message.
If you have refused to receive our marketing materials, we reserve the right to send you other notices of a non-advertising nature related to the use of the Website, including those related to the performance of these Terms.

Electronic communication

By communicating with us electronically, for example, by sending emails or completing our forms, you give us consent to receive communications from the Website electronically, such as e-mails, or notices and messages. You agree that all agreements, notices, disclosures, and other communications that the Website provides electronically satisfy any legal requirement that such communications be in writing.

Intellectual property

Our Services are protected by copyright, trademark, trade secret and other laws around the world. Nothing in these Terms gives Users a right to use our trademarks, logos, domain names, or other proprietary rights.
We grant you a personal, non-exclusive, non-assignable, royalty-free license to use the software provided as a part of our Website and Services. The license has the sole purpose of enabling you to use and enjoy our Services in a manner consistent with these Terms.

Limitation of Liability

In no event shall the Company and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Website, the Pages or software, provision of or failure to provide the Services, or information available from the Services.

Applicable law and jurisdiction

To the extent that these Terms allow the User or the Company to initiate litigation in the court, both the User and the Company consent to the exclusive jurisdiction of the Finnish courts and judicial system of Finland. The User and the Company agree that all claims and disputes (whether contractual or otherwise), arising out of or relating to these Terms will be litigated exclusively in the courts of Helsinki, Finland and that such disputes will be governed by Finnish law, unless prohibited by the laws of the country of the Users residence.

This document was published in February 2024.