Legal

Terms of Service

These Terms of Service constitute a legally binding agreement between you and Memo. Please read them carefully before using the service.

Effective June 30, 2026

Last updated July 31, 2026

1. Agreement to Terms

These Terms of Service ("Terms") are entered into by and between you ("you," "your," or "User") and Memo ("Memo," "we," "us," or "our") and govern your access to and use of memo.ly, app.memo.ly, and all related websites, applications, APIs, features, and services (collectively, the "Service"). By accessing or using the Service, creating an account, or clicking to accept these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy, each incorporated herein by reference. If you do not agree, you must not access or use the Service.

2. Definitions

"Content" means any templates, brand assets, documents, text, images, code, data, or other materials you upload, create, store, or transmit through the Service.
"Customer Data" means Content and account information you provide or generate through the Service, excluding aggregated or de-identified data derived therefrom.
"Workspace" means the organizational environment within which you and authorized collaborators access the Service.
"Third-Party Services" means products, platforms, or services not operated by Memo that you connect to or use alongside the Service.

3. Eligibility and Authority

The Service is intended for business and professional use. You must be at least thirteen (13) years of age to use the Service. The Service is not directed to children under 13, and we do not knowingly permit such use. If you access the Service on behalf of an organization, you represent and warrant that you have full legal authority to bind that organization to these Terms, and "you" includes that organization.

4. Description of the Service

Memo is an email design platform that enables users to design, review, validate, collaborate on, and export branded email content. Memo creates the email; you send it through the platform you already use. Memo does not operate as an email service provider for bulk delivery, does not manage contact lists or audiences, does not run marketing automations, and does not guarantee inbox placement, deliverability, legal compliance of your campaigns, or rendering in every email client. Features, limits, and availability may vary by plan and may change over time.

5. Accounts, Access, and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account or within Workspaces you administer. You must promptly notify us of any unauthorized access or security breach. Memo may suspend or restrict access to protect the Service, other users, or Memo, including when we reasonably believe credentials have been compromised.

6. Your Content and License Grant

As between you and Memo, you retain all right, title, and interest in and to your Content. You grant Memo a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, process, and transmit your Content solely as necessary to provide, maintain, secure, and improve the Service for you and as otherwise permitted by these Terms and our Privacy Policy. You represent and warrant that you have all rights necessary to provide Content and that your Content and use of the Service do not violate any law, third-party right, or these Terms.

7. Intellectual Property

Memo and its licensors own all right, title, and interest in and to the Service, including all software, interfaces, designs, trademarks, documentation, and other materials made available by Memo, excluding your Content. Except for the limited rights expressly granted herein, no rights are granted by implication or otherwise. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the Service except as expressly permitted by applicable law or written authorization from Memo.

8. Subscriptions, Billing, and Payment

Paid plans, trials, renewals, taxes, refunds, and payment disputes are governed by our Billing and Refunds policy, incorporated by reference. When billing is enabled, payment processing is handled by Stripe or another designated processor. Memo stores subscription state from verified processor events. Paid subscriptions renew automatically until canceled in accordance with the billing policy. Failure to pay may result in suspension or limitation of Service features.

9. Your Sending and Compliance Obligations

You are solely responsible for how you use exported or handoff email content, including recipient consent, anti-spam and marketing laws (such as CAN-SPAM, CASL, and analogous laws), list hygiene, unsubscribe mechanisms, promotional disclosures, intellectual property clearance, accessibility of sent campaigns, and compliance with your sending platform terms. Memo provides design and quality tools only and does not assume your obligations as a sender, controller, or marketer.

10. Acceptable Use

Your use of the Service must comply with our Acceptable Use Policy. Violations may result in immediate suspension or termination without refund, to the extent permitted by law.

11. Third-Party Services and Integrations

The Service may interoperate with Third-Party Services such as authentication providers, payment processors, catalog integrations, or export destinations. Your use of Third-Party Services is governed solely by those providers' terms and privacy policies. Memo does not control and is not responsible for Third-Party Services, their availability, security, or data practices. Connected integrations act on your behalf using credentials you authorize.

12. Artificial Intelligence Features

Memo may offer AI-assisted drafting or similar features. AI output is generated automatically, may be inaccurate, incomplete, or off-brand, and is provided for assistance only. You must review and approve all AI output before use. Memo makes no warranty regarding AI accuracy, originality, or fitness for any purpose. Unless separately agreed in writing, Memo does not represent that AI providers exclude your inputs from model training.

13. Beta and Experimental Features

Certain features may be labeled alpha, beta, limited, preview, or experimental. Such features are provided "as is," may be modified or discontinued at any time without notice, and may be subject to additional limitations or separate terms.

14. Suspension and Termination

We may suspend, limit, or terminate your access to the Service immediately if you breach these Terms or the Acceptable Use Policy, fail to pay amounts due, pose a security risk, engage in fraudulent activity, or if required by law. You may stop using the Service at any time. Upon termination, your right to access the Service ceases. Sections that by their nature should survive termination will survive, including Sections 6 (to the extent of licenses granted), 7, 9, 12, 15 through 21, and this Section 14.

15. Disclaimers

THE SERVICE AND ALL CONTENT, OUTPUT, AND MATERIALS PROVIDED BY MEMO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEMO DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MEMO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEMO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF MEMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEMO'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID MEMO FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE FOREGOING LIMITATIONS APPLY EXCEPT TO THE EXTENT PROHIBITED BY LAW.

17. Indemnification

You will defend, indemnify, and hold harmless Memo and its officers, directors, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your Content, (b) your exported or sent campaigns, (c) your sending practices or marketing activities, (d) your violation of these Terms or applicable law, or (e) your use of Third-Party Services, except to the extent finally determined to result from Memo's gross negligence or willful misconduct.

18. Dispute Resolution; Binding Arbitration

Before initiating arbitration or litigation, you agree to contact us at legal@memo.ly and attempt in good faith to resolve the dispute informally for at least thirty (30) days. Except for claims seeking injunctive relief for unauthorized use or intellectual property infringement, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Montana or, if you reside outside the United States, by video conference, unless the parties agree otherwise. The arbitrator may award relief only to the extent permitted under these Terms. Judgment on the award may be entered in any court having jurisdiction.

19. Class Action and Jury Trial Waiver

YOU AND MEMO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND MEMO WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.

20. Governing Law and Venue

These Terms are governed by the laws of the State of Montana, United States, without regard to conflict-of-law principles. Subject to the arbitration provisions above, the state and federal courts located in Montana will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction in those courts.

21. General Provisions

Entire Agreement. These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and Memo regarding the Service and supersede all prior agreements on the subject.
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
No Waiver. Failure to enforce any provision is not a waiver of future enforcement.
Assignment. You may not assign these Terms without Memo's prior written consent. Memo may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Force Majeure. Memo is not liable for delay or failure due to events beyond its reasonable control.
Export Compliance. You may not use the Service in violation of U.S. export control or sanctions laws.
U.S. Government Rights. The Service is commercial computer software. Government use is subject to restricted rights.

22. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms and revising the effective date above, and where required, by additional notice. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service.

23. Contact

Questions about these Terms may be directed to legal@memo.ly or hi@memo.ly.