Terms of Service

Last updated: 6/8/2026 · These terms govern the contract between you and Memsy. Please read them carefully; by starting a subscription you accept them.

1. Scope, parties and definitions

(1) These Terms of Service (“Terms”) govern your use of the service available at memsy.app and memsy.chat (“Memsy”, “we”, “us”) and all contracts for a Memsy subscription and the creation and delivery of individually produced photo books. Memsy is provided by the operating company identified in our Legal Notice, where you will also find the full provider details including company name, address and authorised representatives.

(2) A “customer” is any consumer who enters into a contract with Memsy, i.e. a natural person acting for purposes outside their trade, business or profession. (3) The version of these Terms in force at the time of contract formation applies. Conflicting or supplementary terms of the customer do not become part of the contract unless we expressly agree in text form.

2. What Memsy does

(1) Memsy is a subscription service that creates a personal photo book in several steps: (a) it automatically collects photos from a WhatsApp group you designate or from a direct WhatsApp conversation with the service; (b) an algorithmic / AI-assisted pre-selection proposes the most suitable images for each book; (c) you can adjust the selection, order and cover image in your account area; (d) at each billing cycle’s cut-off the final selection is turned into a print-ready hardcover book; (e) the book is produced via a print and logistics partner and shipped to the address you provide.

(2) At sign-up you choose a delivery cadence (monthly, quarterly, biannual or annual) and a book style (format, cover, layout); available specifications and any surcharges are shown on the website. (3) The AI-assisted pre-selection is a non-binding suggestion. Final responsibility for the photos included rests with you, who can review and change the selection until the cut-off.

3. Eligibility, account and contract formation

(1) You must be at least 18 years old and have full legal capacity. (2) A working WhatsApp account is required for photo collection; your use of WhatsApp is additionally subject to that provider’s terms, over which we have no control. (3) You must provide complete and accurate details (in particular shipping address and contact data) and keep them up to date.

(4) The display of subscriptions on the website is an invitation to treat, not a binding offer. Your binding offer is made when you complete checkout and confirm payment via our payment processor (Stripe). The contract is formed when we confirm the order (usually by email) or begin performance. (5) During checkout you expressly acknowledge that the service begins immediately and that printed books are non-refundable (see Section 6). We make the contract text (order data and these Terms) available in the confirmation email and/or your account area; the contract language is English (German for German-language orders).

4. Prices and payment

(1) The prices shown on the website at the time of order apply, including any applicable taxes and standard shipping to the listed delivery countries. (2) Charges recur in advance on the cadence you selected and are processed by Stripe, whose payment terms additionally apply. Memsy never stores your full card number. (3) If you fall into arrears, we may suspend the service until payment is made and, after an unsuccessful reminder, terminate the subscription for cause. (4) Discount and promotional codes are redeemable only within the stated period and subject to the applicable promotion conditions; no retroactive credit or cash payout is possible.

5. Billing cycle, cut-off and production

(1) Each billing cycle has a cut-off date shown in your account area. Until the cut-off you can add or remove photos, edit the selection and order, and choose the cover image. (2) At the cut-off the current selection is finalised and the book goes into production; changes to that book are no longer possible thereafter. (3) If a cycle has too few suitable photos at the cut-off, we may postpone printing or skip the cycle and will inform you. (4) The shipping address stored at the cut-off is decisive for production and delivery.

6. Subscription term, cancellation and refunds

(1) Your subscription has no minimum term and renews automatically for the chosen interval until cancelled. You can cancel at any time from your dashboard under Settings → Subscription or by emailing hey@memsy.chat. Cancellation takes effect at the end of the current billing period; any book already in production is finished and shipped, after which no further charges or books are generated.

(2) Every Memsy book is custom-made to your order from photos shared in your private WhatsApp group. For this reason all printed books are final sale and are not eligible for return, exchange or refund once production has started. This disclosure is provided in advance of purchase to comply with state-level requirements including California Civil Code § 1723 and New York General Business Law § 218-a. (3) Defective or damaged books are covered: contact us within 14 days of delivery for a free reprint or refund. The full policy is on our Refund & Cancellation Policy page.

7. Delivery and transfer of risk

Delivery is made to the address you provide within the listed delivery countries. Stated delivery times are estimates and begin when the book is handed to the print and logistics partner; reasonable minor deviations do not entitle you to withdraw. For consumers, the risk of accidental loss or deterioration passes only upon hand-over to you.

8. Content and image rights

You represent and warrant that you hold all necessary rights in the photos shared in your WhatsApp group and used in your Memsy book, and that you have the consent of every person depicted, including the consent of a parent or legal guardian for any minors. Memsy acquires no commercial rights in your photos and uses them only to produce your book. You will indemnify Memsy against third-party claims arising from a culpable breach of these warranties, including reasonable legal costs.

9. Acceptable use

You will not submit content that is unlawful, infringing, sexually explicit, or that depicts minors in a sexualised manner. Every uploaded image is automatically screened by an AI moderation service; suspected CSAM is reported to NCMEC as required by US federal law. We may exclude clearly impermissible content from processing and, in cases of serious or repeated breach, terminate the contract for cause.

10. Privacy and service availability

(1) The processing of personal data and photos is governed by our Privacy Policy. (2) We aim for high availability but do not guarantee a specific uptime; maintenance, third-party outages (e.g. WhatsApp, payment, print or logistics providers) and force majeure may cause temporary limitations. We may continue to develop the service and adjust features as long as the core benefit — the regular creation and delivery of a photo book — is preserved.

11. Limitation of liability

To the maximum extent permitted by applicable law, Memsy’s aggregate liability arising out of or in connection with the service is limited to the amounts paid by you to Memsy in the twelve months preceding the event giving rise to the claim. This limitation does not apply to liability that cannot be limited by law (such as for gross negligence, intentional misconduct, or injury to life, body or health). Liability for data loss is limited to the typical recovery effort that would have arisen with regular, risk-appropriate back-ups by you.

12. Changes, governing law and disputes

(1) We may update these terms; material changes are communicated by email at least 30 days before they take effect, and you may cancel before a material change applies. (2) These terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods; mandatory consumer-protection rules of your country of residence remain unaffected. (3) The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr. Memsy is not obliged and not willing to participate in out-of-court dispute resolution before a consumer arbitration board. (4) Should individual provisions be invalid, the remaining provisions stay in force.

Service provider pursuant to § 5 DDG: Quincom Ecommerce, FZCO, Dubai Silicon Oasis, Dubai, United Arab Emirates. Full provider details are available in our Legal Notice.