Terms of Service · MemoryHole

1. Agreement to Terms

Welcome to MemoryHole. These Terms of Service (“Terms”) govern your access to and use of the MemoryHole web archival service, including our website, Chrome extension, and all related services (collectively, the “Service”).

By using MemoryHole, you agree to these Terms. If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and Memoryhole Inc. (“MemoryHole,” “we,” “us,” or “our”).

2. Description of Service

MemoryHole is a personal web archival platform that allows you to:

Save snapshots of web pages for personal reference
Organize and search your archived content
Access your archives from multiple devices
Export your archived content

The Service is provided for personal, non-commercial use only.

3. Eligibility

You must be at least 18 years of age to use MemoryHole. By using the Service, you represent and warrant that:

You are 18 years of age or older
You have the legal capacity to enter into these Terms
You will comply with all applicable laws when using the Service
All information you provide is accurate and complete

4. Account Registration and Security

4.1 Account Creation

To use MemoryHole, you must create an account by providing:

A valid email address
A username
A secure password

4.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access or security breach at security@memoryhole.app

4.3 Account Accuracy

You agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.

4.4 One Account Per Person

You may only create and maintain one account. Creating multiple accounts may result in suspension of all accounts.

5. Free Trial and Subscription

5.1 Free Trial

New users receive a 7-day free trial with full access to the Service. No payment information is required to start your trial.

5.2 Trial Limitations

The free trial is available once per user
You may cancel at any time during the trial without charge
At the end of the trial, you must subscribe to continue using the Service

5.3 Subscription Plans

After your free trial, you must choose a subscription plan. Pricing varies based on the plan selected:

Monthly plan available
Annual plan available (discounted rate)

Current pricing and plan details are available at our website.

5.4 Payment

Payment is processed securely through Stripe
You will be charged automatically at the start of each billing period
All fees are in U.S. Dollars (USD)
You must provide valid payment information to continue using the Service after the free trial

5.5 Price Changes

We may change our subscription prices with 30 days’ advance notice. Price changes will not affect your current billing period but will apply to subsequent renewals. You may cancel your subscription before the price change takes effect.

6. Cancellation and Refunds

6.1 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until the end of the paid period.

6.2 Refunds

Subscription fees are generally non-refundable, with the following exceptions:

30-Day Refund Window: If you are unsatisfied with the Service, you may request a refund within 30 days of your initial subscription payment by contacting support@memoryhole.app. We want our customers to be happy, and we’ll process your refund request promptly.

Other exceptions:

As required by applicable law
If we terminate your account in error
In cases of service failure (determined at our sole discretion)

Partial refunds for unused portions of a billing period are not provided after the 30-day window.

6.3 Account Access After Cancellation

After cancellation:

You may continue to access your archives in read-only mode for 30 days
You may export your archives during this 30-day period
After 30 days, your archives may be deleted if you do not reactivate your subscription
Reactivation requires starting a new subscription at current pricing

7. Acceptable Use Policy

7.1 Personal Use Only

MemoryHole is intended for personal, non-commercial use only. You may NOT:

Use the Service for business, commercial, or revenue-generating purposes
Archive content on behalf of organizations or clients
Offer archiving as a service to others
Use the Service to build a competing service or product

7.2 Prohibited Automated Archiving

You may NOT:

Use bots, scripts, or automated tools to archive content
Programmatically archive web pages without manual, individual user action
Create browser extensions or tools that automate the archiving process
Archive content at a rate that suggests automated activity

All archiving must be initiated manually by clicking the save button in our Chrome extension. We monitor for patterns consistent with automated use and will suspend accounts engaged in such activity.

7.3 Prohibition on Publishing or Redistribution

You may NOT:

Publicly share, publish, or redistribute your archived web pages
Make your archives accessible to others (individually or in bulk)
Embed archived content on other websites
Create public-facing archives or libraries
Share archive access links with others

Your archives are for your personal reference only.

7.4 Prohibited Content

You may NOT archive:

Illegal Content: Content that violates local, state, federal, or international law, including:

Child sexual abuse material (CSAM)
Content that promotes terrorism or violent extremism
Instructions for illegal activities
Stolen or illegally obtained materials

Malicious Content:

Malware, viruses, or other harmful code
Phishing pages or fraudulent websites
Content designed to compromise security or privacy

Content That Infringes Rights:

Material that violates intellectual property rights (see Section 8)
Content that violates privacy rights of others
Defamatory or libelous content

Harmful Content:

Content that harasses, threatens, or incites violence against individuals or groups
Hate speech or discriminatory content
Content promoting self-harm or suicide

7.5 Respect for Website Terms of Service

Many websites prohibit archiving or scraping in their Terms of Service or robots.txt files. While you are responsible for complying with such restrictions, we do not actively monitor compliance. Repeated complaints from website owners may result in account suspension.

7.6 Prohibited Activities

You may NOT:

Attempt to circumvent service limitations or security measures
Access or attempt to access other users’ accounts or archives
Interfere with or disrupt the Service or servers
Reverse engineer, decompile, or disassemble any part of the Service
Remove or modify any copyright, trademark, or proprietary notices
Use the Service to transmit spam or unsolicited communications
Engage in any activity that imposes an unreasonable load on our infrastructure

8. Intellectual Property and DMCA

8.1 Your Content

You retain all ownership rights to the web pages you archive. By using the Service, you grant us a limited license to:

Store your archived content on our servers
Display your archived content to you
Process your archives as necessary to operate the Service

This license terminates when you delete content or close your account.

8.2 Our Intellectual Property

The Service, including the website, Chrome extension, software, logos, trademarks, and all related materials, is owned by MemoryHole and protected by copyright, trademark, and other intellectual property laws.

You may NOT:

Copy, modify, or create derivative works of the Service
Use our trademarks or branding without written permission
Frame or mirror any part of the Service

8.3 Copyright Infringement and DMCA Compliance

MemoryHole respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA).

If you are a copyright owner and believe that content archived on MemoryHole infringes your copyright, you may submit a DMCA takedown notice to our designated agent:

DMCA Agent:
Memoryhole Inc.
Email: dmca@memoryhole.app

Your DMCA notice must include:

Your physical or electronic signature
Identification of the copyrighted work claimed to be infringed
Identification of the allegedly infringing material and where it is located on our Service (specific URL or description)
Your contact information (address, phone number, email)
A statement that you have a good faith belief that use of the material is not authorized
A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Our Response to DMCA Notices:

We will investigate valid DMCA notices promptly
We may remove or disable access to the allegedly infringing content
We will notify the user who archived the content
We maintain a policy of terminating accounts of repeat infringers

Counter-Notice: If you believe your content was removed in error, you may submit a counter-notice to dmca@memoryhole.app with:

Your physical or electronic signature
Identification of the material removed and where it appeared
A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
Your name, address, phone number, and email
Consent to jurisdiction in federal court and acceptance of service of process from the complainant

8.4 Personal Archiving and Fair Use

While MemoryHole is designed for personal archiving, which may fall under fair use in some jurisdictions, we do not provide legal advice about copyright law. You are responsible for ensuring your use of the Service complies with applicable copyright laws.

9. Service Modifications and Availability

9.1 Service Changes

We reserve the right to:

Modify or discontinue any feature or functionality of the Service
Update the Chrome extension with new versions
Change service limits (storage, number of archives, etc.)

We will provide reasonable notice of material changes that negatively impact functionality, typically 30 days.

9.2 Service Availability

We strive to provide reliable service but do not guarantee:

Uninterrupted or error-free operation
That the Service will be available at any particular time
That all features will work perfectly at all times

We may perform maintenance, which may temporarily interrupt service. We will provide advance notice when possible.

9.3 No Warranty

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Account Suspension and Termination

10.1 Our Right to Suspend or Terminate

We may suspend or terminate your account immediately, without notice, if:

You violate these Terms
You engage in prohibited activities (Section 7)
Your account is used for illegal purposes
We receive valid legal complaints or DMCA notices
You provide false information during registration
Your payment method fails or you have unpaid fees
We reasonably believe your account poses a security risk

10.2 Effect of Termination

Upon termination:

Your access to the Service is immediately revoked
Your subscription is canceled (no refund)
Your archived content may be deleted within 30 days
You may not create a new account without our permission

10.3 Your Right to Terminate

You may terminate your account at any time through your account settings. See Section 6 for cancellation policies.

10.4 Survival

Sections that by their nature should survive termination will remain in effect, including: intellectual property provisions, disclaimers, limitations of liability, and dispute resolution provisions.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.1 Exclusion of Damages

MEMORYHOLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or business opportunities
Loss of data or archived content
Loss of goodwill or reputation
Cost of substitute services
Any other intangible losses

THIS APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11.3 User Responsibility for Data

You are solely responsible for:

Maintaining your own backup copies of important archived content
Any consequences arising from your use of the Service
Your compliance with applicable laws and website terms of service

Data Export: You can export all your archived content at any time through your account dashboard. We provide this export feature so you can maintain your own backups and ensure you always have access to your data. We strongly recommend exporting your archives periodically as an additional safeguard.

We are not responsible for data loss due to:

Account termination for policy violations
User error or accidental deletion
Service discontinuation
Technical failures or force majeure events

12. Indemnification

You agree to indemnify, defend, and hold harmless MemoryHole, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
Any content you archive using the Service
Your violation of any laws or regulations

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Canada and the province of Ontario, without regard to conflict of law principles.

13.2 Informal Resolution

Before filing any legal claim, you agree to contact us at legal@memoryhole.app to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

13.3 Arbitration (Optional - Consult Legal Counsel)

[IF YOU WANT MANDATORY ARBITRATION, INCLUDE ARBITRATION CLAUSE HERE]

13.4 Venue

If arbitration does not apply, any legal action must be brought in the courts located in Ontario, Canada, and you consent to the exclusive jurisdiction of such courts.

13.5 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class, consolidated, or representative action. Class arbitrations and class actions are not permitted.

14. Privacy

Your use of the Service is subject to our Privacy Policy. By using the Service, you consent to our collection and use of personal data as described in the Privacy Policy.

15. Export Controls and Sanctions

You may not use the Service if you are subject to trade restrictions or sanctions under Canadian law or international agreements. You represent that you are not:

Located in a country subject to Canadian sanctions or embargoes
Listed on any Canadian government list of prohibited or restricted parties
Subject to restrictions under applicable international trade laws

16. Entire Agreement and Severability

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and MemoryHole regarding the Service.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18. Changes to These Terms

We may update these Terms from time to time. Changes will be effective:

Immediately for new users
30 days after notice for existing users (for material changes)

We will notify you of material changes by:

Emailing you at your registered email address
Posting a notice on our website
Displaying a notification in the Service

Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must cancel your account before they take effect.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

20. Contact Information

If you have questions about these Terms, please contact us:

Email: legal@memoryhole.app
Support: support@memoryhole.app

For DMCA notices: dmca@memoryhole.app
For general inquiries: contact@memoryhole.app

21. Acknowledgment

BY USING MEMORYHOLE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Thank you for using MemoryHole. We’re committed to helping you preserve the web content that matters to you, while maintaining a safe, legal, and respectful service for all users.