Mems / Legal
Terms of service
These terms apply when you use Mems or ask us to produce and deliver physical photo prints.
1. Agreement and eligibility
By creating an account, accepting these terms in the app or placing an order, you agree to these terms and our Privacy Policy. You must be at least 18 and legally able to enter a contract. If you do not agree, do not use the Service.
2. The Service
Mems helps you choose, prepare and order physical 6×4-inch photo prints. Features may include exact-photo selection, local recommendations, optional people matching, scheduled packs, automatic pack preparation, payments, print production and delivery. iOS controls when background tasks run, so recommendations and reminders may be delayed or require you to open the app.
3. Your photos and permissions
You keep ownership of your photos. You give us and our print, hosting and processing providers a limited licence to copy, crop, process, transmit and print the photos only as needed to provide, secure and support the Service.
You must have the right to use every photo and any person’s likeness in the ways you select. Do not submit unlawful, abusive, exploitative, infringing or privacy-invasive material. For photos of children or people who cannot consent for themselves, you must hold any permission required by law. We may reject or cancel an order where reasonably necessary for safety, law or provider requirements.
4. Packs, prices and orders
The app shows the print count, cadence, price in Australian dollars, delivery details and any material charges before you confirm. Current pack prices may change, but a change will not alter an order already paid. Scheduled packs are purchases of physical goods; they are not App Store digital subscriptions.
An order is accepted when we confirm successful payment and acceptance for fulfilment. If we cannot fulfil an order, we may cancel it and refund the affected amount. You are responsible for checking photo selection, crop preview and delivery address before confirmation.
5. Payments and automatic printing
Stripe processes card and Apple Pay transactions. If you save a payment method and enable automatic printing, you authorise us to charge the displayed price for each pack at your selected weekly, fortnightly or monthly cadence after the notice and review period shown in the app. Charges continue per eligible pack until you disable automatic printing or change your settings. See the Automatic Payments and Cancellation Policy.
You can skip an eligible pack or disable automatic printing before the charge deadline shown in the app. Turning it off stops future automatic charges; it does not cancel a pack already charged or in production. Failed payments may pause the pack and require you to confirm or update payment.
6. Delivery, defects and refunds
Delivery estimates are estimates, not guarantees. Risk in physical prints passes to you on delivery, subject to rights that cannot be excluded by law. Personalised prints generally cannot be resold, but this does not limit rights for goods that are damaged, defective, materially different from the approved order or not delivered. Our Delivery, Refunds and Reprints Policy explains how to report an issue.
7. Accounts
Provide accurate information, protect access to your device and account, and notify us promptly of unauthorised use. You may delete your account through Settings in the app. We may suspend access where reasonably necessary to protect users, investigate misuse, comply with law or address a material breach. We will give notice where reasonably practicable.
8. Intellectual property
Except for your photos and content, Mems and its software, design, text and branding belong to us or our licensors. We grant you a personal, limited, revocable, non-transferable right to use the app for its intended purpose. You must not circumvent security, reverse engineer where prohibited, scrape, resell, disrupt or misuse the Service.
9. Service availability
We aim to provide a reliable Service, but availability can be affected by iOS, networks, cloud providers, payment providers, printing facilities and delivery carriers. Back up important photos independently; Mems is not a photo-backup service.
10. Consumer guarantees and liability
Nothing in these terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law. Where permitted by law, we are not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by your breach, incorrect address, unavailable source photo or misuse of the Service. Any permitted limitation is subject to your non-excludable consumer rights.
11. Changes and ending the Service
We may change these terms prospectively. Material changes will be notified in the app or require renewed acceptance. You can stop using Mems and delete your account at any time. Sections that by their nature should continue—including payment obligations for completed orders, ownership, consumer rights and dispute provisions—survive termination.
12. Law and disputes
These terms are governed by the laws of New South Wales, Australia. Courts with jurisdiction there may hear disputes, but this does not deprive you of mandatory protections or a right to bring a claim elsewhere under applicable consumer law. Please contact us first so we can try to resolve the issue.
13. Contact
Email [email protected].