DRAFT — REQUIRES LAWYER REVIEW BEFORE LAUNCH
This is a working draft. It is not legally binding in its current form. A licensed attorney must review and refine the wording before this document is published as the Terms of Service for Mnem.
Mnem — Terms of Service
Last updated: (set on lawyer review) Effective date: (set on publication)
By accessing or using Mnem (operated at https://mnem.live, the "Service"), you ("User", "you") agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service.
1. Service Description and Disclaimer
Mnem provides recording infrastructure for publicly broadcast live streams. Mnem does not host, own, or commercially license user-recorded content. Users are solely responsible for compliance with the terms of service of any source platform from which content is recorded. Mnem is not affiliated with, endorsed by, or sponsored by any social media platform.
Mnem provides software tools; it does not act as a content distributor or publisher of recorded material.
2. Eligibility and Age Requirement
You must be at least 18 years old to use the Service. By creating an account, you represent and warrant that you are 18 or older. Accounts found to belong to users under 18 will be terminated upon discovery, and no refunds will be issued.
3. User Responsibility Acknowledgment
By using the Service, you acknowledge and agree:
- You are solely responsible for the content you record and how you use it.
- You must have permission to record content from any creator before using the Service to do so.
- Recordings produced through the Service are for your personal, non-commercial use only.
- You will not redistribute, repost, sell, license, or otherwise commercially exploit recorded content.
- You will respect creators' rights under applicable copyright law.
- You are responsible for compliance with the Terms of Service of any source platform from which you record content.
You also acknowledge the foregoing in the in-application first-run modal before adding your first creator (see legal/first-run-modal.md for the modal text). Your acknowledgment is logged with your account ID, timestamp, IP address, user agent, and a hash of the modal version you saw.
4. Refund Policy
All sales are final under the conditions described below. The full refund policy is published at https://mnem.live/refund-policy and is incorporated by reference; this section summarizes its key terms.
- Archive Unlock purchases are non-refundable immediately upon the first playback, view, or any other access of any recording within the unlocked archive.
- Subscription fees are non-refundable for completed or partial billing periods. No pro-rated refunds are issued for mid-period cancellations.
- Subscriptions automatically renew until cancelled. Cancellation is effective at the end of the then-current billing period.
- Refunds for verified technical failures (e.g., a service outage that prevented you from accessing purchased content) are evaluated case-by-case at Mnem's sole discretion.
5. Chargeback Policy
Filing a chargeback or payment dispute for any reason other than verified unauthorized use of your payment method will result in:
- Immediate and permanent termination of your Mnem account;
- Forfeiture of all unlocked content and any remaining subscription period;
- A permanent ban on the email address and the payment-method fingerprint used at signup, preventing future Mnem accounts;
- Recovery of chargeback fees from the disputing party, including through collections.
If you experience a billing problem, contact support@mnem.live before disputing the charge with your bank. The vast majority of billing issues are resolved within 24 hours.
6. Auto-Renewal Disclosure
Subscriptions are billed in advance on a recurring basis at the amount and interval shown at checkout. Your subscription will automatically renew at the same amount and interval until you cancel it. You may cancel at any time in your Account Settings. Cancellation is effective at the end of the then-current billing period. No refunds are issued for partial periods.
The auto-renewal terms are disclosed:
- At checkout, before payment is collected;
- In each receipt email;
- On the Account Settings page;
- In this section of these Terms.
7. DMCA Safe Harbor Compliance
Mnem complies with the Digital Millennium Copyright Act ("DMCA"). Mnem's designated DMCA agent is reachable at dmca@mnem.live. Full agent information, takedown procedure, counter-notice procedure, and Mnem's repeat-infringer policy are published at https://mnem.live/dmca-policy and are incorporated by reference.
- Response SLA: Mnem will act on properly formatted takedown notices within 24–48 hours of receipt.
- Repeat infringer policy: Three (3) valid DMCA strikes within any 90-day rolling window will result in permanent account termination. Strikes expire from the rolling count 90 days after issuance.
8. Vault Continuity Disclaimer
Mnem provides best-effort archive availability. Archive access is contingent on continued service operation and your active subscription. Mnem does not guarantee perpetual access to any specific recording.
Mnem reserves the right to remove specific creator archives upon receipt of valid takedown notices, court orders, or determinations by Mnem's compliance review. Refunds for unlocks affected by such removals are evaluated case-by-case at Mnem's sole discretion.
9. Account Suspension and Termination
Mnem may suspend or terminate your account, with or without notice, for any of the following:
- Filing a chargeback (as described in Section 5);
- Accumulation of DMCA strikes (as described in Section 7);
- Other violations of these Terms;
- Fraud indicators or attempted abuse of the unlock or subscription system;
- Use of the Service for impersonation, harassment, or unlawful activity.
No refunds are issued upon termination for cause.
10. Cancellation Grace Period
Upon voluntary cancellation of your subscription, your vault becomes read-only and downloadable for 30 days, after which the recorded content stored on Mnem's infrastructure is deleted. Files you downloaded to your own device during the active subscription remain yours; Mnem makes no claim on them.
11. Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MNEM EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, MNEM SHALL NOT BE LIABLE FOR:
- Any loss of recorded content, including content lost due to service outages, third-party platform changes, takedown notices, or account termination;
- Any consequences of your redistribution, reposting, or other commercial use of recorded content;
- Indirect, incidental, special, consequential, or punitive damages of any kind;
- Damages exceeding, in the aggregate, the greater of $100 USD or the amount you paid Mnem in the 12 months preceding the event giving rise to the claim.
12. Arbitration and Governing Law
All disputes arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration. You and Mnem agree:
- No class actions. Disputes will be brought only in an individual capacity.
- Texas law governs, without regard to its conflict-of-laws principles.
- Venue: Arbitration shall be conducted in Harris County, Texas, or by remote proceeding if both parties agree.
- This arbitration agreement does not preclude either party from seeking injunctive relief in a court of competent jurisdiction for intellectual property infringement.
13. Modification of Terms
Mnem may update these Terms from time to time. Material changes will be communicated to active subscribers at least 30 days before taking effect, via email to the address on file and prominent notice in the application. Your continued use of the Service after the effective date of the modified Terms constitutes acceptance.
14. Contact
Questions about these Terms: support@mnem.live
Privacy questions: privacy@mnem.live
DMCA notices: dmca@mnem.live
Disputes: disputes@mnem.live