Terms of Service

Effective date: May 3, 2026

These Terms of Service ("Terms") govern your access to and use of memoripress.com and the MemoriPress photo book service (together, the "Service") provided by MemoriPress ("MemoriPress," "we," "us," or "our"). Please read them carefully. If you do not agree to these Terms, do not use the Service.

1. Acceptance of These Terms

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to both you and that organization.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to use the Service. The Service is offered only to customers in the United States. By using the Service you represent that you meet these requirements and that the information you provide is accurate.

3. Account Registration and Security

To use most features of the Service you must create an account. You agree to (a) provide accurate, current, and complete information when you register and (b) notify us promptly at support@memoripress.com if you suspect any unauthorized use of your account. You are responsible for activity that takes place under your account.

4. Your Content

You own your content. The photos you upload, the captions and text you write, and the book layouts you create (your "User Content") remain yours. We do not claim ownership of any User Content.

License to operate the Service. By uploading or creating User Content, you grant MemoriPress a limited, worldwide, royalty-free license to host, store, copy, transmit, display, modify (only as needed to fit the format of the printed book — for example to crop, rotate, or render to PDF), and otherwise process your User Content for the sole purpose of providing the Service to you, including printing your book through our fulfillment partner and shipping it to you. This license ends when you delete the relevant content or close your account, except that we may retain a copy as part of our backup retention window described in our Privacy Policy and may retain a record of orders that have already been printed and shipped.

Your representations. You represent and warrant that (a) you own or have all rights and permissions necessary in your User Content to grant the license above and to have it printed, (b) your User Content does not infringe anyone else's copyright, trademark, publicity, privacy, or other rights, and (c) any people identifiable in the photos have given you the consents required to use their image in this way.

Removal. We may remove User Content that we reasonably believe violates these Terms, the Acceptable Use rules below, or applicable law. We are not obligated to monitor User Content but reserve the right to do so.

5. Acceptable Use

You agree not to use the Service to:

• Upload, print, or distribute content that is illegal, infringing, defamatory, obscene, sexually explicit material involving minors, or that incites violence or discrimination.
• Harass, threaten, dox, or impersonate anyone.
• Upload malware, attempt to compromise the Service, scrape the Service, reverse engineer it, or interfere with other users' use of it.
• Use the Service to violate someone else's intellectual property, privacy, or publicity rights.
• Resell, sublicense, or commercially redistribute the Service except for printing books for your own use or as a gift to others.

6. Orders and Payments

• Pricing and currency. Prices are listed in U.S. dollars and may change at any time. The price applicable to your order is the price displayed at checkout when you place that order.
• Payments. Payments are processed by Stripe. By placing an order you authorize Stripe to charge the payment method you provide for the total amount shown at checkout, including any taxes and shipping fees.
• Sales tax. We collect sales tax where required by law and display it before you confirm your order.
• Order acceptance. Your order is an offer to buy. We may decline or cancel an order at our discretion, including for suspected fraud, content violations, pricing errors, or stock issues. If we cancel an order before fulfillment, we will refund any amount charged.
• Refunds. Refunds are governed by our Refund Policy, which is incorporated into these Terms.

7. Shipping and Fulfillment

Books are printed and shipped by RPI Print, our fulfillment partner, using their carrier partners. Estimated production and shipping times shown on the Service are estimates only and are not guaranteed. Risk of loss and title to a printed book pass to you when the carrier picks the book up from the printer, consistent with the standard shipment contract under U.C.C. § 2-509(1)(a). If a book is damaged or lost in transit, see our Refund Policy — we generally replace damaged books at no charge with photo evidence.

8. Intellectual Property

MemoriPress, the MemoriPress name and logo, the Service software, the website design, and all related content (other than User Content) are owned by MemoriPress or its licensors and are protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for the purpose of creating and ordering photo books for personal use. We do not grant you any other rights, express or implied.

9. Third-Party Services

The Service relies on third parties — including Stripe, RPI Print, Resend, Tigris, and Fly.io — to operate. Their services are governed by their own terms and privacy policies. We are not responsible for the practices of third parties beyond what is described in our Privacy Policy.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMORIPRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure, that any defect will be corrected, or that the Service will meet your specific requirements. Print color, paper, and finish may vary slightly between orders within normal commercial tolerances; this variance is not a defect.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MEMORIPRESS, ITS OWNERS, OR ITS PERSONNEL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO MEMORIPRESS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the limits above may not apply to you in full.

12. Indemnification

You agree to defend, indemnify, and hold harmless MemoriPress and its owners and personnel from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your User Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any law or any third party's rights.

13. Termination

You may close your account at any time by emailing support@memoripress.com from the address on your account. We may suspend or terminate your account, and/or your access to the Service, at any time and without notice if we reasonably believe you have violated these Terms, the Acceptable Use rules, or applicable law, or if continued service would expose us or other users to legal or security risk. Sections 4 (your representations), 8, 10, 11, 12, 14, 15, and 16 survive termination.

14. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Subject to Section 15 below, you and MemoriPress agree that any lawsuit arising out of or related to these Terms or the Service must be filed exclusively in the state or federal courts located in Saratoga County, New York, and you and MemoriPress consent to the personal jurisdiction of those courts.

15. Dispute Resolution

Informal resolution first. Before filing a lawsuit, you agree to first contact us at support@memoripress.com with a written description of the dispute and a proposed resolution, and to give us at least 30 days to try to resolve it informally.

If we can't work it out. Any dispute that is not resolved informally may be brought in the courts identified in Section 14. We have intentionally not required arbitration or waived your right to participate in a class action. You retain whatever rights you have under applicable law to bring an individual or class claim in court.

16. Changes to These Terms

We may modify these Terms from time to time. When we do, we will update the "Effective date" at the top of this page. If the change is material, we will give you reasonable advance notice — for example, by email or a notice on the Site — before the change takes effect. Your continued use of the Service after the effective date is your acceptance of the updated Terms. If you do not agree to the updated Terms, stop using the Service before the effective date.

17. Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy and Refund Policy, are the entire agreement between you and MemoriPress regarding the Service and supersede any prior agreements on the same subject.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Severability. If a provision is held unenforceable, the remaining provisions stay in effect, and the unenforceable provision will be modified to the minimum extent needed to make it enforceable while preserving its intent.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.
• No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and MemoriPress.
• Force majeure. We are not liable for any failure or delay caused by events outside our reasonable control, including natural disasters, internet outages, government action, labor disputes, or carrier failures.

18. Contact

Questions about these Terms? Email support@memoripress.com.