Terms and Conditions

1. Parties and Definitions

These Terms and Conditions (“Terms”) govern the relationship between MEMOIR B.V., a private limited company incorporated under Dutch law, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number [KvK number], VAT number [BTW number], with its registered office at [Registered address, Amsterdam, the Netherlands] (hereinafter: “Memoir”, “we”, “us”, or “our”), and any natural or legal person who accesses or uses the Memoir platform located at memoir.gift (hereinafter: “User”, “you”, or “your”).

In these Terms, the following definitions apply:

• Service: the online platform through which Users can upload photographs and receive an AI-generated video film (the “Film”).
• User Content: all photographs, text, metadata, and other material uploaded to the Service by the User.
• Film: the video output generated by the Service on the basis of User Content, including all intermediate preview clips.
• Preview: the animated clip of the User's first uploaded photograph, provided free of charge for evaluation purposes prior to purchase.
• Order: a paid request by the User to receive the full Film — all photos animated, with music — as a downloadable HD video.

2. Acceptance and Applicability

By accessing or using the Service in any way — including uploading photographs, viewing a Preview, or placing an Order — you unconditionally agree to be bound by these Terms. If you do not accept these Terms in their entirety, you must immediately cease use of the Service.

These Terms apply to the exclusion of any other general terms and conditions, including any terms the User may seek to apply. Any deviations from these Terms are only valid if explicitly agreed to in writing by Memoir.

Memoir reserves the right to amend these Terms at any time. Amended Terms take effect upon publication on this page. Continued use of the Service after publication constitutes acceptance of the amended Terms.

3. The Service

Memoir provides an automated AI-based video production service. The User uploads photographs and provides contextual information; Memoir's systems generate a Film using artificial intelligence. The Service is provided “as is” and “as available”.

The Service uses third-party AI systems including Kling AI v2 (via fal.ai) for video generation and Stable Audio 2.0 (Stability AI) for music generation. The output of these systems is inherently variable. The User acknowledges that the final Film may differ from any example, preview, or promotional material shown. Memoir does not guarantee any specific artistic result, quality level, or resemblance to the uploaded photographs beyond what the underlying technology reasonably permits.

Memoir may at any time, without prior notice and at its sole discretion, modify, suspend, or discontinue the Service (or any part thereof). Memoir shall not be liable to the User or any third party for any such modification, suspension, or discontinuation, except where required by mandatory law.

Access to the Service requires the User to be at least 18 years of age. By using the Service, the User confirms that they meet this requirement.

4. User Content — Representations and Warranties

By uploading User Content, the User represents, warrants, and guarantees to Memoir that:

• the User is the sole and exclusive owner of all User Content, or holds all necessary licences, rights, consents, and permissions to upload and use the User Content for the purposes described in these Terms;
• the User Content does not infringe any third-party intellectual property rights, privacy rights, portrait rights (portretrecht), or any other rights;
• all individuals whose likeness appears in the User Content have expressly consented to the upload and processing of their images for the purpose of generating a Film, or the User is legally authorised to act on their behalf;
• the User Content does not contain any material that is unlawful, harmful, defamatory, obscene, or otherwise objectionable under applicable law;
• the User Content does not depict minors in a manner that would violate any applicable law, including but not limited to Dutch law and EU regulations.

The User grants Memoir a non-exclusive, worldwide, royalty-free licence to process, store, transmit, and use the User Content solely for the purpose of providing the Service. This licence terminates upon deletion of the User Content as described in Article 9.

Memoir reserves the right to refuse, remove, or suspend User Content and access to the Service at any time if Memoir, in its sole discretion, believes that User Content violates these Terms or applicable law.

5. Intellectual Property in the Film

Subject to full payment of the applicable fee, Memoir grants the User a non-exclusive, non-transferable, worldwide licence to use, share, and display the Film for personal, non-commercial purposes.

The User may not sublicence, sell, resell, redistribute, commercially exploit, broadcast, or otherwise make the Film available to third parties for commercial gain without prior written consent from Memoir.

Until full payment is received, Memoir retains all rights in and to the Film, including any Preview. The Preview is provided solely to allow the User to evaluate the Service prior to purchase and may not be shared publicly or used for any other purpose.

All technology, software, systems, branding, and other intellectual property underlying or forming part of the Service — excluding User Content — remain the exclusive property of Memoir or its licensors.

6. Digital Delivery

The Film is a digital product. No physical goods are shipped. “Delivery” means the activation of a download link for the HD Film in your project dashboard after payment is confirmed. Delivery takes place as soon as the Film has been assembled and the download link is made available — typically within 15 minutes of payment.

The download link for the final Film remains active for 14 days from the date of delivery. The User is responsible for downloading and storing the Film within this period. Memoir is not obliged to re-deliver the Film after the 14-day window has expired, though we will use reasonable efforts to accommodate reasonable requests.

The Film is delivered as a standard MP4 video file (H.264, 1920×1080, AAC audio). The User is responsible for ensuring they have the technical means to access and play the file. Inability to play the file due to hardware or software limitations on the User's end does not constitute a defect.

7. Payment, VAT, and Right of Withdrawal

All prices stated on the Service are in Euros (€) and include applicable Dutch VAT (BTW) unless explicitly stated otherwise. The total price shown at checkout is the final amount charged — there are no hidden fees. Payment must be made in advance via the payment methods offered (including iDEAL, Bancontact, and major credit cards via Mollie).

Right of withdrawal — digital content: Pursuant to Article 6:230p(f) of the Dutch Civil Code (Burgerlijk Wetboek), the statutory 14-day right of withdrawal for consumers does not apply to the supply of digital content where performance has begun with the consumer's prior express consent and acknowledgement that the right of withdrawal is thereby forfeited.

By clicking to initiate the generation of the Preview or completing payment, the User expressly consents to the immediate commencement of performance and acknowledges that the right of withdrawal is forfeited from that moment. This consent is given actively by the User and is not pre-selected.

No refunds are offered once the generation process has commenced, except in the following cases:

• Non-delivery: if the Film is not delivered within a reasonable time after payment (technical failure on Memoir's side), the User may request a full refund.
• Defective product: pursuant to Article 7:17 of the Dutch Civil Code, if the Film is completely non-functional (e.g. corrupted file, blank output, or the wrong content entirely), the User may be entitled to a remedy including re-delivery or a refund. Dissatisfaction with the aesthetic quality of the AI-generated output does not constitute a defect.

To request a remedy, please contact us at hi@memoir.gift within 14 days of payment, with a description of the issue and your project ID.

8. Complaints and Dispute Resolution

Internal complaint procedure: If you have a complaint about the Service or the Film, please contact us at hi@memoir.gift with a clear description of your complaint. We will acknowledge your complaint within 3 business days and aim to resolve it within 14 calendar days. If resolution is not possible within 14 days, we will notify you of the expected timeline.

Geschillencommissie (ADR): If your complaint is not resolved to your satisfaction through our internal procedure, you may submit it to De Geschillencommissie, the Dutch alternative dispute resolution body recognised by the EU Commission. Memoir will cooperate with any proceedings initiated through De Geschillencommissie in accordance with applicable rules.

EU Online Dispute Resolution: As an EU-based merchant, Memoir is also registered with the EU ODR platform. Consumers in the EU may submit a complaint via ec.europa.eu/consumers/odr.

9. Privacy and Data Retention

Memoir processes personal data (including photographs, which may constitute biometric data under the GDPR) in accordance with its Privacy Policy and applicable Dutch and EU data protection law, including the General Data Protection Regulation (GDPR) and the Dutch Implementation Act (UAVG).

Uploaded photographs are stored solely for the purpose of generating the Film and are automatically and permanently deleted from Memoir's systems no later than 30 days after the date of upload. Memoir does not use User Content for training AI models or for any purpose other than rendering the Film.

The final Film (the download link) remains available for 14 days after delivery. The User is responsible for downloading and retaining the Film within this period. After 14 days, the Film file may be deleted from Memoir's storage systems.

By uploading User Content that includes photographs of third parties, the User confirms that they have a lawful basis under the GDPR for providing such data to Memoir for processing.

Data subjects may exercise their GDPR rights (access, rectification, erasure, portability) by contacting hi@memoir.gift.

10. Disclaimers — No Warranties

To the maximum extent permitted by applicable law, the Service and the Film are provided “as is” and “as available”, without any warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or uninterrupted availability.

AI-generated content disclaimer: The Film is generated using artificial intelligence systems — including Kling AI v2 (fal.ai) for cinematic video animation and Stable Audio 2.0 (Stability AI) for music composition. AI output is inherently probabilistic and variable. The following are not defects and do not give rise to any right of refund or remedy:

• minor visual artifacts, facial distortions, or blurring in animated clips;
• music that does not match the User's personal taste or expectations;
• motion effects that differ from examples shown on the website;
• text overlays with minor typographical differences from input provided.

Memoir does not additionally warrant that:

• the Service will meet the User's requirements or expectations;
• the Film will accurately represent or recognisably depict the individuals or scenes in the uploaded photographs;
• the Service will be error-free, uninterrupted, or free of viruses;
• any defects in the Service or the Film will be corrected within a specific timeframe.

11. Limitation of Liability

To the fullest extent permitted by Dutch law and mandatory EU consumer law, Memoir's total aggregate liability to the User for any and all claims arising out of or in connection with the use of the Service, the Film, or these Terms — whether in contract, tort (including negligence), strict liability, or otherwise — shall not exceed the total amount actually paid by the User to Memoir for the specific Order giving rise to the claim.

In no event shall Memoir be liable — whether in contract, tort, or otherwise — for any:

• indirect, incidental, special, or consequential damages, including but not limited to loss of profit, revenue, data, goodwill, or anticipated savings (this exclusion applies only to the extent permissible under Article 6:109 BW — courts retain discretion to moderate where exclusion would be unreasonable);
• damages arising from the User's unauthorised or unlawful upload of photographs of third parties;
• damages or claims by third parties whose likeness appears in User Content, including claims based on portrait rights (portretrecht), privacy rights, or GDPR violations resulting from the User's failure to obtain proper consent;
• emotional distress, reputational harm, or non-material damages;
• damages caused by circumstances beyond Memoir's reasonable control (force majeure), including but not limited to failures of third-party AI providers, cloud infrastructure, internet connectivity, or payment processors;
• damages arising from the expiry of the 14-day download window or the deletion of the Film or User Content in accordance with Article 9.

Nothing in these Terms excludes or limits Memoir's liability for: (i) death or personal injury caused by Memoir's gross negligence (grove nalatigheid) or wilful misconduct (opzet); (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited under mandatory applicable law.

Note for consumers: If you are a consumer resident in the Netherlands or the EU, mandatory consumer protection laws — including the two-year legal guarantee under Article 7:17 BW — may grant you rights that cannot be contractually excluded. These Terms do not seek to override such mandatory rights.

12. Indemnification

The User shall fully indemnify, defend, and hold harmless Memoir, its directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• the User's breach of these Terms;
• the User's breach of any applicable law, including data protection, intellectual property, or portrait rights legislation;
• any claim by a third party arising from the User's upload of photographs containing that third party's likeness without lawful basis;
• the User's use or misuse of the Film, including any unauthorised commercial exploitation.

13. Prohibited Use

The User may not use the Service to:

• upload photographs of individuals without their knowledge or consent where required by law;
• create Films that defame, harass, or harm any individual;
• create synthetic media intended to deceive or defraud;
• infringe the intellectual property or privacy rights of any third party;
• engage in any activity that violates applicable Dutch law, EU law, or international law.

Violation of this Article entitles Memoir to immediately suspend or terminate the User's access to the Service, without prejudice to Memoir's right to claim full damages.

14. Governing Law and Jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them are exclusively governed by and construed in accordance with the laws of the Netherlands (Nederlands recht), without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or the Film — including questions of validity, interpretation, performance, or termination — shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands (Rechtbank Amsterdam), except where mandatory EU consumer law provides the consumer with the right to bring proceedings in the courts of their country of residence.

15. Severability and Waiver

If any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed from these Terms if modification is not possible, without affecting the validity and enforceability of the remaining provisions.

Memoir's failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16. Entire Agreement

These Terms, together with Memoir's Privacy Policy, constitute the entire agreement between Memoir and the User with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, relating to the Service.

17. Contact

Questions, complaints, or notices relating to these Terms should be directed to: