Terms of service
Last updated: July 8th, 2021
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://memo.fm website (the "Service") operated by Memo.fm ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a yearly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Memo.fm cancels it. You may cancel your Subscription renewal by contacting Memo.fm customer support team or directly from your dashboard.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Memo.fm with accurate and complete billing information including full name, address, zip code, and a valid payment method information. By submitting such payment information, you automatically authorize Memo.fm to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Memo.fm will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Memo.fm, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Memo.fm will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
All requests for refunds that we recieve within 24 hours of the purchase time will be accepted. Certain refund requests for Subscriptions after this time window may be considered by Memo.fm on a case-by-case basis and granted in sole discretion of Memo.fm.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Memo.fm.
Memo.fm has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Memo.fm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Memo.fm and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Memo.fm, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Memo.fm its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Memo.fm ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Memo.fm or any person for whom Memo.fm is responsible, and even if Memo.fm has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
This policy is updated from time to time. The latest version is published on this page.
If you have any questions about this policy, please email contact us.
We gather and use certain information about individuals in order to provide products and services and to enable certain functions on this website.
We also collect information to better understand how visitors use this website and to present timely, relevant information to them.
What data we gather
Memo.fm is used in two different ways. The first is by account owners (Account Owners) and the second is the people who send video messages (End Users) to the account owners.
For Account Onwers, we may collect the following information:
- Contact information including email address and address
- Website usage data
- Other information pertaining to special offers and surveys
For End Users, we may collect the following information:
- Contact information including email address
- Website usage data
- Audio clips submitted
Information submitted by End Users is only accessable by us (Memo.fm) and the Account Onwer the information is intended for. Our policy is that we (Memo.fm) do not access these messages unless required for diagnostic purposes while solving a technical issue.
How we use this data
Collecting this data helps us understand what you are looking from the company, enabling us to deliver improved products and services.
Specifically, we may use data:
- For our own internal records
- To improve the products and services we provide
- To contact you in response to a specific enquiry
- To customise the website for you
- To send you promotional emails about products, services, offers and other things we think might be relevant to you.
- To contact you via email for market research reasons.
Cookies and how we use them
What is a cookie?
A cookie is a small file placed on your computer's hard drive. It enables our website to identify your computer as you view different pages on our website.
Cookies allow websites and applications to store your preferences in order to present content, options or functions that are specific to you. They also enable us to see information like how many people use the website and what pages they tend to visit.
- Analyse our web traffic using an analytics package. Aggregated usage data helps us improve the website structure, design, content and functions.
- Identify whether you are signed in to our website. A cookie allows us to check whether you are signed in to the site.
- Test content on our website. For example, 50% of our users might see one piece of content, the other 50% a different piece of content.
- Store information about your preferences. The website can then present you with information you will find more relevant and interesting.
- To recognise when you return to our website. We may show your relevant content, or provide functionality you used previously.
- Use retargeting ads on other platforms such as Facebook/Twitter/Google/LinkedIn
Cookies do not provide us with access to your computer or any information about you, other than that which you choose to share with us.
However, please note that doing this may affect how our website functions. Some pages and services may become unavailable to you.
To learn more about cookies and how they are used, visit All About Cookies.
We will never lease, distribute or sell your personal information to third parties unless we have your permission or the law requires us to.
Any personal information we hold about you is stored and processed under our data protection policy, in line with the Data Protection Act 1998.
We will always hold your information securely.
To prevent unauthorised disclosure or access to your information, we have implemented strong electronic security safeguards.
We also follow stringent procedures to ensure we work with all personal data in line with the Data Protection Act 1998.
Links from our site
Our website may contain links to other websites.
Please note that we have no control of websites outside the memo.fm domain. If you provide information to a website to which we link, we are not responsible for its protection and privacy.
Always be wary when submitting data to websites. Read the site’s data protection and privacy policies fully.
Data Protection Officer
Under the regulation, ‘Memo.fm’ does not require a Data Protection Officer however, our senior data controller and GDPR practitioner can be contacted on:
Email: [email protected]
The data we will process on your behalf include:
- Email address
- IP Address
Our Legal Basis for Processing your Personal Data
We will process your data securely under the following legal basis:
We require a name, email address, and IP address for secure identification and correspondence.
We require contact details to notify on your usage of the service
Legitimate interests pursued by us or third parties we use, are as follows:
Your contact details may be shared with some third parties who provide services that support the services we provide to you. These details are not shared furthermore.
Special Categories of Personal Data
We do not store any 'special' personal data such as driving license, passport, or national insurance number.
‘Memo.fm’ will not pass on your data to third parties without first obtaining consent. The following third parties will receive your personal data for the following purposes as a part of processing activities:
Stripe for payments - https://stripe.com/gb/privacy
Postmark for sending emails - https://wildbit.com/privacy-policy/
DigitalOcean for hosting and back-ups - https://www.digitalocean.com/legal/privacy/
Google for analytics - https://policies.google.com/privacy
Rollbar for error monitoring - https://docs.rollbar.com/docs/privacy-policy
‘Memo.fm’ will process personal data for a maximum of 7 years to coincide with HMRC and accounting records.
Your Rights as a Data Subject
As a data subject, you will have the following rights:
Right of access – you have the right to request a copy of the information that we hold about you.
Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
Right of portability – you have the right to have the data we hold about you transferred to another organisation.
Right to object – you have the right to object to certain types of processing such as direct marketing.
Right to judicial review: in the event that ‘Memo.fm’ refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in clause 3.6 below.
All of the above requests will be forwarded on should there be a third party involved in the processing of your personal data.
In line with a Subject Access Request Procedure and Subject Access Request Form, ‘Memo.fm’ provide the appropriate ‘System Access Request’ from upon request.
Please send any initial complaints to: [email protected]
In the event that you wish to make a complaint about how your personal data is being processed by ‘Memo.fm’ (or its third parties), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority which is the ICO (www.ico.org.uk). You can report a concern directly with the ICO, if ‘Memo.fm’ fails to handle your complaint in an appropriate manner: https://ico.org.uk/concerns/
Specific Online Privacy Statement
Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as:
“any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
‘Memo.fm’ accepts any of the following forms of ID when information on your personal data is requested:
- Driving licence
- Another form for ID which leaves no doubt of the data owner
If you have any questions about these Terms, please contact us.