Terms of Service

1. Introduction & Acceptance

Welcome to Memento AI. These Terms of Service ("Terms") constitute a legally binding agreement between you and [Company Name], a company registered and operating under the laws of Switzerland, with its registered office at [Company Address] ("we," "us," or "our").

Memento AI is a care support tool designed to help families caring for loved ones living with Alzheimer's disease and related dementias. The Service provides features such as patient profile management, care timelines, memory photo organisation, voice recording analysis, AI-powered care guidance, and collaborative sharing among family members.

By accessing or using Memento AI, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must not use the Service. Your continued use of Memento AI following any changes to these Terms constitutes acceptance of those changes.

2. Definitions

The following definitions apply throughout these Terms:

  • "Service" refers to the Memento AI web application, including all its features, content, and functionality accessible through the platform.
  • "User" means any individual who creates an account on Memento AI and uses the Service, whether as a primary caregiver or an invited member of a Care Circle.
  • "Patient" refers to the person receiving care whose health profile, observations, and related information are managed within the Service.
  • "Care Circle" means the group of authorised Users who have been granted access to view or manage a specific Patient's data within the Service.
  • "Health Data" means any data relating to the Patient's physical or mental health condition, including observations, notes, photos, voice recordings, and any AI-generated analysis related to such data.
  • "AI Features" refers to all automated analysis, recommendations, summaries, and responses generated by artificial intelligence technologies integrated into the Service, including but not limited to photo analysis, voice recording analysis, and the AI care chat.

3. Account Registration & Security

To use Memento AI, you must create an account using one of the supported authentication methods: Google Sign-In, Apple Sign-In, or email and password registration. You must provide accurate, current, and complete information during the registration process and keep your account details up to date.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at [Contact Email] if you suspect any unauthorised access to or use of your account. Each individual may maintain only one account on the Service.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, are being used fraudulently, or are in violation of these Terms. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Description of Services

Memento AI provides the following features to support families in caring for loved ones with Alzheimer's disease:

  • Patient Profile Creation and Management: Create and maintain a detailed care profile for your loved one, including personal information, medical background, preferences, and care needs.
  • Care Timeline: Record daily observations, notes, and flagged concerns in a chronological timeline to track changes and patterns over time.
  • Memory Photo Management: Upload and organise photos with optional AI-powered analysis to support reminiscence and care documentation.
  • Voice Recording with AI Analysis: Record voice entries with optional AI analysis to help identify patterns and document verbal observations.
  • AI Care Chat: An AI-powered chat interface that provides general care guidance, informational responses, and supportive suggestions based on the Patient's profile and history.
  • Care Circle Collaboration: Invite family members and trusted caregivers to join a shared Care Circle, enabling collaborative access to the Patient's care information.
  • Data Export: Download a complete export of your Patient's data in a portable format for your personal records or to share with healthcare providers.

We may modify, expand, or discontinue any features of the Service at our discretion. We will make reasonable efforts to notify Users of significant changes that affect core functionality.

5. AI Features Disclaimer

IMPORTANT -- PLEASE READ CAREFULLY:

All AI-powered features within Memento AI, including photo analysis, voice recording analysis, the AI care chat, and any generated summaries or recommendations, are provided strictly for informational purposes only.

  • Memento AI is NOT a medical device. It has not been approved, cleared, or certified by any medical regulatory authority, including Swissmedic or the European Medicines Agency.
  • The Service is NOT diagnostic. It does not diagnose, treat, cure, or prevent any disease or medical condition, and no AI output should be interpreted as a clinical assessment.
  • The Service is NOT a substitute for professional healthcare. It does not replace the advice, diagnosis, or treatment provided by qualified physicians, neurologists, geriatricians, or other healthcare professionals.
  • AI analysis may contain inaccuracies, false positives, or false negatives. Artificial intelligence systems have inherent limitations and can produce incorrect, incomplete, or misleading outputs.
  • AI-generated suggestions should NEVER replace professional medical advice. Any observations, patterns, or recommendations provided by the AI must be independently verified with a qualified healthcare provider before acting upon them.
  • We make no warranty regarding the accuracy, completeness, reliability, or timeliness of any AI-generated output. You rely on such outputs entirely at your own risk.

In the event of a medical emergency, contact your local emergency services (144 in Switzerland) immediately. Do not rely on Memento AI for emergency guidance.

6. User Obligations

By using Memento AI, you represent and agree that:

  • You have the legal authority, right, or consent necessary to enter, manage, and share the Patient's personal and health data within the Service. This may include being a legal guardian, holding power of attorney, or having the Patient's explicit informed consent.
  • All information you provide through the Service is accurate, truthful, and up to date to the best of your knowledge. You will promptly update any information that becomes inaccurate.
  • You will use the Service solely for its intended purpose of supporting family-based care for persons with Alzheimer's disease or related dementias.
  • You will not use the Service for any unlawful purpose or in any manner that could harm other Users, the Patient, or the integrity of the Service.

The following uses are expressly prohibited:

  • Commercial redistribution, resale, or sublicensing of any part of the Service or its content.
  • Reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Service.
  • Uploading malicious content, including viruses, malware, or any code designed to interfere with the operation of the Service.
  • Using the Service for unauthorised surveillance or monitoring of any individual without proper legal authority and consent.
  • Attempting to gain unauthorised access to other Users' accounts, data, or any systems or networks connected to the Service.

7. Data & Privacy

Your privacy is important to us. The Service processes personal data, including particularly sensitive Health Data as defined under Swiss law. Our collection, use, storage, and protection of your personal data are governed by our Privacy Policy, which forms an integral part of these Terms.

By using Memento AI, you acknowledge that your data, including Health Data, may be transferred to and processed on servers located in the United States. Such cross-border data transfers are conducted in accordance with the requirements of the Swiss Federal Act on Data Protection (nDSG), including the use of appropriate safeguards to protect your data.

We strongly encourage you to read our Privacy Policy in full to understand how your data is handled, what rights you have, and how you can exercise those rights. For any data-related questions, please contact us at [Contact Email].

8. Intellectual Property

The Memento AI application, including its source code, design, user interface, graphics, logos, and all related documentation, is the exclusive property of [Company Name] and is protected by Swiss and international intellectual property laws. All rights not expressly granted to you under these Terms are reserved.

You retain full ownership of all content you create, upload, or enter into the Service, including photos, notes, voice recordings, and any other personal data. By using the Service, you grant [Company Name] a limited, non-exclusive, non-transferable, revocable licence to process, store, and display your content solely for the purpose of providing and improving the Service. This licence terminates when you delete your content or your account.

Content generated by AI Features (such as analysis results, summaries, or suggestions) is not claimed as original intellectual property by either party. Such AI-generated content is provided as part of the Service and is subject to the disclaimers set out in Section 5 above.

9. Health Data Special Provisions

Under the Swiss Federal Act on Data Protection (nDSG), health-related data is classified as particularly sensitive personal data ("besonders schützenswerte Personendaten") and is subject to heightened protection requirements. Memento AI processes Health Data in accordance with these requirements.

By creating a Patient profile and entering Health Data into the Service, you provide your explicit consent to the processing of such data for the purpose of providing care support features. This consent covers the storage, analysis (including AI-powered analysis), display, and sharing of Health Data within your designated Care Circle.

Health Data entered into the Service is used solely for the purpose of supporting family-based care. It is not sold, rented, or shared with third parties for marketing or commercial purposes. Processing is limited to what is necessary to deliver the Service as described in these Terms.

You may withdraw your consent and request the deletion of Health Data at any time by using the account deletion feature in Settings or by contacting us at [Contact Email]. Please note that withdrawal of consent does not affect the lawfulness of processing carried out prior to the withdrawal. Further details on data processing limitations and your rights are provided in our Privacy Policy.

10. Care Circle & Data Sharing

The Care Circle feature allows a primary User to invite other family members or trusted caregivers to collaboratively access a Patient's care information. The primary User initiates sharing by generating an invite code, which the invited person uses to join the Care Circle.

The primary User (the person who created the Patient profile) is responsible for managing Care Circle membership and controlling who has access to the Patient's data. The primary User may assign one of two access levels to each invited member:

  • Full Access: The member can view all Patient data and contribute new entries, including timeline observations, photos, and voice recordings.
  • Viewer: The member can view Patient data but cannot add, edit, or delete any entries.

The primary User may revoke a member's access at any time through the Settings page. When access is revoked, the member will immediately lose the ability to view or interact with the Patient's data within the Service. However, please be aware that revoking access does not retroactively remove information that the member may have already viewed, copied, or otherwise retained outside the Service.

By inviting members to your Care Circle, you confirm that you have the authority to share the Patient's data with those individuals and that such sharing is in the best interest of the Patient's care.

11. Limitation of Liability

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by Swiss law, [Company Name] disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by applicable law, [Company Name] shall not be liable for:

  • Any medical decisions, care actions, or health outcomes that are based in whole or in part on AI-generated output, analysis, or suggestions provided through the Service.
  • Loss or corruption of data beyond what is recoverable through reasonable backup measures maintained by [Company Name].
  • Service interruptions, downtime, or unavailability, whether planned or unplanned, including interruptions caused by third-party service providers.
  • Actions, omissions, or conduct of Care Circle members or any third party in connection with their use of or access to the Service.
  • Any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, regardless of the theory of liability.

In any event, the total aggregate liability of [Company Name] arising out of or in connection with these Terms or your use of the Service shall not exceed the total fees paid by you to [Company Name] in the twelve (12) months preceding the event giving rise to the claim, or CHF 100 (Swiss Francs one hundred), whichever is greater.

Nothing in these Terms shall limit or exclude liability where such limitation or exclusion is not permitted under mandatory provisions of Swiss law, including liability for intentional misconduct ("Absicht") or gross negligence ("grobe Fahrlässigkeit").

12. Termination & Data Deletion

You may terminate your account and stop using the Service at any time by accessing the account deletion option in the Settings page. No advance notice is required. Upon account deletion, we will remove your personal data from our active systems within thirty (30) days, subject to any legal retention obligations.

If you are the sole owner of a Patient profile (i.e., the only member of the Care Circle), the Patient's data will be permanently deleted along with your account. If other Care Circle members remain, the Patient's data will be retained for the benefit of those remaining members, and ownership responsibilities will transfer accordingly.

[Company Name] reserves the right to suspend or terminate your account, with or without notice, if we reasonably determine that you have violated these Terms, engaged in fraudulent or abusive conduct, or if required to do so by law. In such cases, we will make reasonable efforts to notify you and provide an opportunity to export your data before deletion, unless doing so would be impractical or prohibited by law.

Sections of these Terms that by their nature should survive termination (including but not limited to Sections 5, 8, 11, and 13) will remain in effect after your account is terminated.

13. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Any dispute, controversy, or claim arising out of or in connection with these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the competent courts of [Canton], Switzerland. Notwithstanding the foregoing, [Company Name] retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

The Swiss Federal Act on Data Protection (nDSG), as revised and effective from 1 September 2023, applies to all processing of personal data in connection with the Service. Users located outside of Switzerland may also be entitled to protections under their local data protection laws.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

14. Changes to Terms

[Company Name] reserves the right to modify, amend, or replace these Terms at any time. When we make material changes, we will update the "Last updated" date at the bottom of this page and notify you through an in-app notification within the Service.

We will provide reasonable advance notice of significant changes that affect your rights or obligations. Your continued use of the Service after receiving notification of changes constitutes your acceptance of the revised Terms. If you do not agree with any changes, you should discontinue your use of the Service and delete your account.

We recommend reviewing these Terms periodically to stay informed about how your use of Memento AI is governed. The most current version of these Terms will always be available within the application.

15. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us using the information below:

  • General inquiries and terms-related questions: [Contact Email]
  • Data protection and privacy inquiries: [Contact Email]
  • Mailing address: [Company Address]

We aim to respond to all enquiries within a reasonable timeframe. For data protection requests, including access, rectification, or deletion of personal data, we will respond within the timeframes required by the Swiss Federal Act on Data Protection (nDSG).

Last updated: February 2026

Memento AI by [Company Name]