Terms of Service

MEMENTA TERMS OF SERVICE

Last Updated: July 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING MEMENTA.

By accessing or using Mementa ("the Service", "our Service", "the Platform"), available at mementa.gifts, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.


1. ACCEPTANCE OF TERMS

By creating an account or using Mementa, you confirm that:
- You are at least 18 years of age or have parental or guardian consent
- You have read, understood, and agree to be bound by these Terms
- You will comply with all applicable local, state, national, and international laws
- The registration information you provide, including your email address, is accurate and belongs to you

We may require you to verify your email address before you can sign in. You are responsible for maintaining access to the email account you register with.


2. DESCRIPTION OF SERVICE

Mementa is a gift discovery and curation platform that helps users:
- Find and organize gift ideas
- Create questionnaires (called "Keepsakes") to gather insights about gift recipients
- Receive AI-powered gift recommendations based on questionnaire responses
- Browse and save products from various third-party merchants
- Track important dates and receive occasion reminders
- Subscribe to email updates about new features and curated collections

IMPORTANT: Mementa is a LINK AGGREGATION AND DISCOVERY SERVICE ONLY.


3. THIRD-PARTY MERCHANT DISCLAIMER

*** CRITICAL - PLEASE READ CAREFULLY ***

3.1 NO DIRECT SALES
Mementa DOES NOT:
- Sell any products directly
- Handle, ship, or fulfill any orders
- Process payments for products
- Maintain inventory
- Warranty or guarantee any products
- Have control over product availability, pricing, or quality

3.2 REDIRECTION TO THIRD-PARTY MERCHANTS
When you click on a product link, you will be redirected to a third-party merchant website (such as Amazon, Etsy, Target, and others). Any purchase you make is:
- A direct transaction between YOU and the THIRD-PARTY MERCHANT
- Subject to that merchant's terms, conditions, and policies
- NOT a transaction with Mementa

3.3 NO LIABILITY FOR MERCHANT ISSUES
Mementa is NOT responsible for:
- Product quality, accuracy of descriptions, or images
- Pricing errors or price changes
- Shipping, delivery, returns, or refunds
- Customer service disputes with merchants
- Product safety, recalls, or defects
- Any damages arising from products purchased through linked merchants

All product questions, complaints, returns, and warranty claims must be directed to the merchant from whom you purchased the product.


3.4 PRICING AND AVAILABILITY
Prices, availability, and product details shown on Mementa are collected from merchant sites and refreshed periodically, but they can change at any time and may occasionally be out of date. The price and availability shown on the merchant's own site at the time of purchase always control. We are not responsible for differences between the price shown on Mementa and the price charged by the merchant.

4. AFFILIATE DISCLOSURE

Some links on Mementa are affiliate links. This means Mementa may earn a commission if you click a link and make a purchase from a third-party merchant, at no additional cost to you. Affiliate relationships never influence which products we consider suitable for a recipient. This disclosure is made in accordance with the United States Federal Trade Commission guidelines.


5. AI-GENERATED RECOMMENDATIONS

5.1 HOW IT WORKS
Mementa uses artificial intelligence, including large language models provided by third-party AI providers, to analyze questionnaire responses and generate gift suggestions. The on-site gift finder ("Help me choose") also uses AI: the preferences you enter there are processed by our AI provider to produce suggestions, whether or not you are signed in.

5.2 NO GUARANTEES
AI-generated recommendations:
- Are suggestions only and may be inaccurate, incomplete, or unsuitable
- Do not constitute professional advice of any kind
- Should be evaluated with your own judgment before making a purchase
- May occasionally reference products that are unavailable or priced differently than shown

5.3 YOUR RESPONSIBILITY
You are solely responsible for any purchasing decisions you make based on AI-generated suggestions.


6. ACCOUNTS AND SECURITY

6.1 ACCOUNT RESPONSIBILITY
You are responsible for:
- Maintaining the confidentiality of your password
- All activity that occurs under your account
- Notifying us promptly at support@mementa.gifts if you suspect unauthorized access

6.2 SECURITY MEASURES
To protect the Service and its users, we employ measures including rate limiting (including strict request limits on AI-powered features), bot protection challenges, email verification, login protections, and standard browser security headers. Attempting to bypass, probe, or defeat these measures is prohibited.

6.3 SUSPENSION AND TERMINATION
We may suspend or terminate accounts that violate these Terms, abuse the Service, or create risk or legal exposure for Mementa or other users. You may stop using the Service and request deletion of your account at any time by contacting support@mementa.gifts.


7. USER CONTENT AND CONDUCT

7.1 YOUR CONTENT
You retain ownership of the content you submit, including recipient profiles, questionnaire questions, notes, and wishlist selections. You grant Mementa a limited license to store, process, and display that content solely to operate and improve the Service.

7.2 INFORMATION ABOUT OTHER PEOPLE
The Service allows you to store information about gift recipients and to invite others to answer questionnaires. When you do this, you confirm that:
- You have an appropriate personal relationship with the people whose information you store
- You will not store sensitive personal information about others without their consent
- You will use collected responses only for personal gift-giving purposes

7.3 PROHIBITED CONDUCT
You agree NOT to:
- Use the Service for any unlawful purpose
- Submit false, misleading, defamatory, or abusive content
- Harvest or collect information about other users
- Use bots, scrapers, or automated tools to access the Service
- Attempt to gain unauthorized access to accounts, systems, or data
- Interfere with or disrupt the Service or its infrastructure
- Resell or commercially exploit the Service without written permission


8. EMAIL COMMUNICATIONS

8.1 TRANSACTIONAL EMAIL
By creating an account you agree to receive service-related emails such as verification links, security codes, and important account notices. These are necessary to operate the Service.

8.2 MARKETING EMAIL AND NEWSLETTER
Marketing emails and the newsletter are optional. Every marketing email includes an unsubscribe link, and you may unsubscribe at any time without affecting your account.


9. INTELLECTUAL PROPERTY

The Mementa name, logo, design, and all platform content created by us are the property of Mementa and are protected by applicable intellectual property laws. Product names, images, and trademarks shown in listings belong to their respective owners and are displayed for identification purposes only.


10. 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.


11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMENTA AND ITS OWNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PURCHASED FROM THIRD-PARTY MERCHANTS. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF FIFTY DOLLARS (USD 50) OR THE AMOUNT YOU PAID TO MEMENTA IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.


12. INDEMNIFICATION

You agree to indemnify and hold harmless Mementa and its owners from any claims, damages, losses, and expenses (including reasonable attorney fees) arising from your use of the Service, your content, or your violation of these Terms.


13. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the State of Michigan, United States, without regard to its conflict of law principles. Any dispute arising from these Terms or the Service shall be resolved in the state or federal courts located in Michigan, and you consent to the jurisdiction of those courts. Before filing any claim, you agree to first contact us at support@mementa.gifts and attempt to resolve the dispute informally for at least thirty (30) days.


14. CHANGES TO THESE TERMS

We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date and may require you to accept the new Terms before continuing to use the Service. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.


15. CONTACT

Questions about these Terms:
Email: support@mementa.gifts
Website: mementa.gifts