Terms of Service

1. Acceptance of Terms

Welcome to Memdia. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Memdia, operated by Hakan Bilgic ("we," "us," "our," or "Memdia"), governing your access to and use of the Memdia voice AI companion application, website, and all related services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or through the Service at least 30 days before they take effect. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

2. Eligibility

To use the Service, you must:

• Be at least 16 years of age. The Service is not intended for individuals under 16 years old. By using the Service, you represent and warrant that you are at least 16 years of age.
• Have the legal capacity to enter into a binding contract in your jurisdiction.
• Not be prohibited from using the Service under any applicable laws or regulations.
• Not have been previously suspended or removed from the Service for violation of these Terms.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Description of Service

Memdia is a voice AI daily companion application designed to support personal reflection and growth. The Service includes:

• Voice Sessions: Short daily voice check-ins with AI-generated responses, summaries, and images.
• Reflection Sessions: Longer therapeutic-style conversations that extract moods, topics, and insights.
• Insights Dashboard: Visualization of your mood patterns, topics discussed, and AI-generated insights over time.
• Multi-language Support: The Service is available in 32 languages.
• Personal Memory: The AI remembers context from previous conversations to provide personalized responses.

Features may vary based on your subscription plan and may be modified, updated, or discontinued at our discretion.

4. Account Registration and Security

To access the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate.
• Keep your login credentials secure and confidential.
• Immediately notify us of any unauthorized access to or use of your account.
• Maintain only one account per person. Multiple accounts per individual are prohibited.

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

5. Subscription and Payments

5.1 Subscription Plans

The Service may offer free and paid subscription tiers with different features and usage limits. Current pricing and features are displayed on our website and within the Service.

5.2 Payment Processing

All payments are processed through Stripe, our third-party payment processor. By subscribing to a paid plan, you authorize us to charge your payment method for the applicable fees. You agree to provide accurate and complete billing information and to update it as necessary.

5.3 Automatic Renewal

Paid subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. You will be charged the then-current subscription fee upon renewal.

5.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will retain access to paid features until the end of the period for which you have paid.

5.5 No Refunds

5.6 Price Changes

We reserve the right to modify subscription prices at any time. Price changes will be communicated to existing subscribers at least 30 days in advance and will apply at the next billing cycle.

5.7 Taxes

Subscription fees are exclusive of applicable taxes (including VAT). You are responsible for paying any taxes associated with your use of the Service.

6. User Content and Voice Data

6.1 Your Ownership

You retain all ownership rights in the content you create, upload, or share through the Service, including your voice recordings, transcripts, and any personal information you provide ("User Content").

6.2 License to Memdia

By using the Service, you grant Memdia a non-exclusive, worldwide, royalty-free, sublicensable license to use, process, store, and analyze your User Content solely for the purposes of:

• Providing and operating the Service
• Generating AI responses, summaries, and insights
• Improving and developing the Service
• Creating anonymized, aggregated analytics (which cannot identify you)

This license terminates when you delete your User Content or your account, except for anonymized data that cannot be traced back to you.

6.3 No Sale of Personal Data

We do not sell your personal data or User Content to third parties. Your voice recordings and personal reflections are processed solely to provide the Service to you.

6.4 User Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You have all necessary rights to share your User Content
• Your User Content does not violate any laws or third-party rights
• Your User Content does not contain malicious code or harmful material

7. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must NOT:

• Illegal Activities: Use the Service for any illegal purpose or in violation of any applicable laws or regulations.
• Harmful Content: Submit content that is defamatory, obscene, threatening, harassing, hateful, or promotes violence or discrimination.
• AI Manipulation: Attempt to manipulate, "jailbreak," or circumvent the AI's safety measures to generate harmful, illegal, or inappropriate content.
• Impersonation: Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Security Violations: Attempt to gain unauthorized access to the Service, other user accounts, or any systems or networks connected to the Service.
• Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying algorithms of the Service.
• Automated Access: Use bots, scrapers, or automated methods to access, collect data from, or interact with the Service without our written permission.
• Service Abuse: Interfere with or disrupt the Service, servers, or networks, or place an unreasonable load on our infrastructure.
• Circumvention: Circumvent, disable, or interfere with security features or usage limits of the Service.
• Commercial Use: Use the Service for commercial purposes not expressly permitted, including reselling access or AI outputs.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice or refund.

8. AI-Generated Content Disclaimer

8.1 Not Professional Advice

THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, THERAPEUTIC, OR COUNSELING ADVICE, DIAGNOSIS, OR TREATMENT. The AI companion is designed for personal reflection and general wellbeing support only.

If you are experiencing a mental health crisis, thoughts of self-harm or suicide, or any medical emergency, please contact emergency services, a mental health crisis line, or a qualified healthcare professional immediately.

8.2 Accuracy Limitations

AI-generated responses, insights, mood analyses, and other outputs may be:

• Inaccurate, incomplete, or misleading
• Based on misinterpretation of your input
• Outdated or not applicable to your specific situation
• Biased or limited by the AI model's training data

You should independently verify any information or suggestions provided by the AI before relying on them for important decisions.

8.3 No Guarantees

We do not guarantee that the Service will:

• Improve your mental health or wellbeing
• Provide accurate mood tracking or psychological insights
• Meet your specific personal growth objectives
• Be suitable for your particular circumstances

8.4 Your Responsibility

You acknowledge that your use of AI-generated content is at your own risk. You are solely responsible for how you interpret and act upon any information, suggestions, or insights provided by the Service.

9. Intellectual Property

9.1 Memdia's Ownership

The Service, including all software, algorithms, AI models, user interface designs, graphics, logos, trademarks, and documentation, is owned by Memdia and protected by intellectual property laws. Except for the limited rights expressly granted herein, all rights are reserved.

9.2 Limited License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use only.

9.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose without compensation to you.

10. Service Availability

We strive to provide reliable access to the Service but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to:

• Scheduled maintenance (we will endeavor to provide advance notice)
• Unscheduled downtime due to technical issues
• Third-party service provider outages
• Factors beyond our reasonable control

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

11. Limitation of Liability

11.1 Disclaimer of Warranties

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

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY AI-GENERATED CONTENT.

11.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEMDIA, ITS OPERATOR, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your reliance on AI-generated content
• Damages arising from unauthorized access to or alteration of your data
• Any other damages arising out of or related to your use of the Service

11.3 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED EUROS (EUR 100).

11.4 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Memdia, its operator (Hakan Bilgic), affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any applicable laws or third-party rights
• Any dispute between you and a third party related to the Service

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at hbilgic1992@gmail.com and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved through good-faith negotiation.

13.2 Binding Arbitration

If the dispute cannot be resolved informally, you and Memdia agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (except for disputes under EUR 500, which may be brought in small claims court) shall be resolved by binding arbitration, rather than in court.

Arbitration shall be conducted in accordance with the rules of a recognized arbitration institution in the European Union. The arbitration shall be conducted in English, and the seat of arbitration shall be determined by the arbitration institution.

13.3 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes or claims within the court's jurisdictional limits (generally claims under EUR 500).

13.4 Class Action Waiver

13.5 Arbitration Costs

Each party shall bear its own costs and attorneys' fees in any arbitration. Arbitration fees shall be shared equally unless the arbitrator determines otherwise based on the circumstances of the case.

14. Termination

14.1 Termination by You

You may terminate your account at any time by deleting your account through the Service settings or by contacting us at hbilgic1992@gmail.com. Upon termination:

• Your right to access the Service will immediately cease
• Active subscriptions will not be refunded for the remaining period
• Your data will be retained for 30 days (to allow for account recovery) and then permanently deleted

14.2 Termination by Memdia

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

• You violate these Terms or our Acceptable Use Policy
• Your conduct may harm Memdia, other users, or third parties
• We are required to do so by law
• We discontinue the Service

14.3 Effect of Termination

Upon termination, the following provisions of these Terms shall survive: Sections 6 (User Content), 8 (AI Disclaimer), 9 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), and 15 (Governing Law).

15. Governing Law

These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the European Union, without regard to its conflict of law principles.

For users located in Turkey, these Terms shall be interpreted in a manner consistent with applicable Turkish consumer protection laws where such laws provide greater protection to the user.

Nothing in these Terms shall deprive you of the protection afforded by mandatory consumer protection laws in your country of residence.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Memdia regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

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

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us to be effective.

16.4 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 without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, government actions, or infrastructure failures.

16.6 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

17. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

By using Memdia, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.