Terms of Service | Memoralise

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you”, “your”, “User”) and Memoralise Pty Ltd (ABN pending) (“Memoralise”, “we”, “us”, “our”), a company registered in Australia.

By accessing or using the Memoralise platform at memoralise.com and any associated applications (collectively, the “Service”), you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

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

2. Description of Service

Memoralise is an encrypted digital legacy vault that enables users to securely store, manage, and conditionally release personal information, documents, messages, and other digital assets to verified legacy contacts. The Service includes:

Encrypted vault storage for documents, messages, photos, videos, and other files.
Identity verification (100-point verification) for users and legacy contacts.
Configurable release conditions that determine when and how vault data is released to designated legacy contacts.
A verification and proof process for triggering legacy releases.
An administrative dashboard for managing your account, vault, and legacy contact settings.

The Service is provided on an “as is” and “as available” basis. We may modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable.

3. Account Registration

To use the Service, you must:

Be at least 18 years of age.
Provide accurate, current, and complete information during registration.
Maintain the accuracy of your account information and update it promptly if it changes.
Keep your login credentials, passwords, and recovery codes confidential and secure.
Notify us immediately at security@memoralise.com if you suspect unauthorised access to your account.

You are solely responsible for all activity that occurs under your account. Memoralise is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

We may require you to complete identity verification (via AU10TIX) before granting access to certain features of the Service. Failure to complete verification may limit your ability to use the Service.

4. Subscription Plans & Billing

4.1 Plans

The Service is available under the following subscription tiers:

Free Trial — Limited access to core features for a defined trial period. No payment information required to start.
Pro — Full access to vault storage, legacy contact management, and release functionality for individual users.
Family — All Pro features with additional capacity for multiple family members under a single billing account.

Detailed pricing, storage limits, and feature comparisons are available on our Pricing page.

4.2 Billing

All payments are processed securely by Stripe. By subscribing to a paid plan, you authorise Memoralise to charge your designated payment method on a recurring basis (monthly or annually, depending on your selected billing cycle).

4.3 Auto-Renewal

Paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be notified via email at least 7 days before your subscription renews.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation:

Your subscription will remain active until the end of the current billing period.
You will have 90 days after the end of your billing period to access and export your vault data.
After the 90-day grace period, your account and vault data will be permanently deleted.

4.5 Refunds

Refund requests are handled on a case-by-case basis. Please contact billing@memoralise.com for refund enquiries. Australian Consumer Law rights are not affected by this policy.

5. User Responsibilities

When using the Service, you agree to:

Provide accurate and truthful data in your vault. The Service is designed for legitimate personal legacy planning purposes.
Use the Service only for lawful purposes. You must not upload, store, or transmit any content that is illegal, fraudulent, defamatory, obscene, or otherwise objectionable.
Not use the Service to store, transmit, or distribute any prohibited content, including but not limited to: content that infringes intellectual property rights; malicious software or code; content that promotes violence, terrorism, or child exploitation.
Maintain valid and current contact information for your designated legacy contacts, as this information is essential for the release process.
Not attempt to circumvent, disable, or interfere with the security features of the Service.
Not use automated systems (bots, scrapers, crawlers) to access the Service without our prior written consent.

6. Data Encryption & Security

Memoralise employs a zero-knowledge architecture for vault data. This means:

Your vault data is encrypted before it is stored, using keys that Memoralise does not have access to.
We cannot access, read, or recover your encrypted vault data.
You are solely responsible for safeguarding your recovery codes. If you lose your recovery codes, we cannot recover your vault data.

Additional security measures include AES-256 encryption at rest, TLS 1.3 encryption in transit, AWS KMS key management, and multi-factor authentication (MFA). For full details, please review our Privacy Policy.

Important: Memoralise is not liable for any loss of data resulting from the loss of recovery codes, compromised credentials, or other user-side security failures.

7. Legacy Contacts & Release Conditions

7.1 Configuring Legacy Contacts

You may designate one or more legacy contacts who will receive access to specified vault data upon the occurrence of defined release conditions. You are responsible for:

Providing accurate contact information for each legacy contact.
Configuring release conditions (e.g., proof of death, incapacitation, or other triggers you define).
Informing your legacy contacts of their designation and the general process they will need to follow.

7.2 Release Process

When a release is triggered, Memoralise will verify the proof documents submitted by the requesting party. This verification process is designed to prevent unauthorised access and may include:

Identity verification of the legacy contact (via AU10TIX).
Review of proof documents (e.g., death certificate, medical certificate, court order).
Administrative review by our verification team.

7.3 Access Window

Upon successful verification, legacy contacts are granted a 90-day access window to retrieve the released vault data. After 90 days, access is revoked.

7.4 Limitation

Memoralise is not liable for delays in the release process caused by incomplete or insufficient proof documents, failed identity verification, or other verification requirements. We are also not liable for disputes between users and their legacy contacts.

8. Intellectual Property

Our Property: The Service, including its design, code, branding, trademarks, documentation, and all related intellectual property, is owned by Memoralise Pty Ltd and is protected by Australian and international intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our prior written consent.

Your Content: You retain all rights, title, and interest in the content you upload to your vault. By using the Service, you grant Memoralise a limited, non-exclusive licence to store, process, and transmit your content solely for the purpose of providing the Service (including releasing data to your legacy contacts as configured). Due to our zero-knowledge architecture, we cannot and do not access your encrypted vault content.

9. Limitation of Liability

To the maximum extent permitted by applicable law, including Australian Consumer Law:

Memoralise, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service.
Our total aggregate liability for all claims arising from or related to the Service shall not exceed the total amount you have paid to Memoralise in the 12 months preceding the claim.
We are not liable for any loss of data resulting from user error, including but not limited to loss of recovery codes, failure to maintain accurate legacy contact information, or failure to configure release conditions correctly.

The Service is not a substitute for legal advice. Memoralise does not provide legal, financial, tax, or estate planning advice. We strongly recommend consulting with qualified professionals regarding your estate planning needs. The Service is a secure storage and conditional release tool, not a legal instrument.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified by agreement.

10. Termination

10.1 Termination by You

You may delete your account at any time through your account settings or by contacting support@memoralise.com. Upon account deletion, your data will be permanently removed within 30 days, subject to legal retention obligations.

10.2 Termination or Suspension by Memoralise

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

You violate these Terms or any applicable law.
Your account is involved in fraudulent, abusive, or illegal activity.
You fail to pay subscription fees when due after reasonable notice.
Continued provision of the Service to you would pose a security risk to us or other users.

Where practicable, we will provide you with notice and an opportunity to remedy the breach before terminating your account. Upon termination for cause, you may not be entitled to a refund.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of laws principles. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia for any dispute arising from or related to these Terms or the Service.

12. Dispute Resolution

In the event of a dispute arising from or related to these Terms or the Service, the parties agree to the following resolution process:

Good faith negotiation — The parties will first attempt to resolve the dispute through direct, good faith negotiation for a period of not less than 30 days.
Mediation — If the dispute cannot be resolved through negotiation, either party may refer the dispute to mediation administered by a mutually agreed mediator in Melbourne, Victoria. The costs of mediation shall be shared equally.
Litigation — If mediation fails to resolve the dispute within 60 days, either party may commence legal proceedings in the courts of Victoria, Australia.

Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

13. General Provisions

Entire Agreement — These Terms, together with our Privacy Policy, constitute the entire agreement between you and Memoralise regarding the Service.
Severability — If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver — The failure of Memoralise to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment — You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14. Contact Us

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

Email: legal@memoralise.com
General support: support@memoralise.com
Company: Memoralise Pty Ltd
Location: Australia