The Memory Collective – Terms of Service
Effective Date: November 12, 2025
Last Updated: November 12, 2025
Welcome to The Memory Collective (“TMC,” “we,” “us,” or “our”). By accessing, purchasing from, or using www.thememorycollective.co (the “Website”) or any related products and services (collectively, the “Services”), you agree to these Terms of Service (“Terms”). Please read them carefully. If you don’t agree, please don’t use the Website or Services.
1. About Our Services
The Memory Collective provides educational resources, membership programs, and professional storytelling services designed to help individuals and families preserve personal and family histories through Recorded Oral Storytelling (ROS) and related legacy projects.
Our Services are intended primarily for personal and family use. However, organizations, partners, or representatives may also use or distribute the Services with The Memory Collective’s prior written permission or under an approved partnership or licensing agreement.
2. Age Restrictions
Our Website and Services are intended for use by adults 18 years of age or older. Some content may include discussions of sensitive topics such as trauma, abuse, sexuality, or substance use.
Minors may participate in storytelling projects under the direct supervision of a parent or legal guardian who holds the account. Parents and guardians are solely responsible for determining whether content is appropriate for any minor and for overseeing their use.
We do not knowingly allow minors to create independent accounts or submit personal information without parental consent.
3. Acceptance of Terms
By creating an account, making a purchase, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, members, and users.
4. Intellectual Property
All materials available through the Website—including text, videos, graphics, logos, designs, and software—are owned or licensed by The Memory Collective and are protected under copyright, trademark, and related laws.
User Content means any audio, video, text, photo, or other materials you upload or record through your TMC account. You retain ownership of your User Content and represent that you have the necessary rights to upload and share it.
Any materials created by TMC on your behalf (for example, edited video compilations or branded deliverables) remain TMC’s intellectual property. Storytellers always retain ownership of their original stories and may optionally grant TMC limited rights to use excerpts for promotional or educational purposes with separate written consent.
5. User Conduct and Prohibited Content
You agree not to use the Website or Services in ways that are unlawful, abusive, defamatory, or disruptive, or that violate the rights or privacy of others. Specifically, you may not upload or share content that is:
• Derogatory, hateful, harassing, or discriminatory toward any individual or group
• Pornographic, obscene, or otherwise inappropriate
• Infringing on intellectual property rights
• Misleading, fraudulent, or impersonating another person
We reserve the right to restrict or remove content that violates these Terms or applicable law.
You’re also responsible for keeping your login information secure. If you share your account with others, you accept full responsibility for their actions while using your account.
6. Emotional and Psychological Disclaimer
Our materials are designed to support reflection and storytelling, not therapy or counseling.
By participating in storytelling activities, you acknowledge that some topics may bring up strong emotions or difficult memories. You agree that you participate voluntarily and at your own discretion.
The Memory Collective is not responsible for any emotional distress, relational conflict, or psychological injury that may occur as a result of engaging with our content or Services.
7. Disclosure of Criminal or Harmful Acts (1-on-1 Services Only)
In rare cases, a client participating in a professional 1-on-1 service may voluntarily share information that indicates involvement in or knowledge of a serious crime, such as child abuse, sexual assault, or other acts of violence.
While The Memory Collective respects the privacy of all storytellers, we cannot guarantee confidentiality in situations where we reasonably believe a person may be in danger or where disclosure is necessary to comply with the law.
This clause applies only to professional 1-on-1 projects in which a TMC representative is directly involved in recording or reviewing a client’s stories. It does not apply to private membership accounts where TMC has no access to user content.
8. Health Information and HIPAA Disclaimer
From time to time, users may choose to record or document personal health or medical information within their projects or Life Summaries.
TMC is not HIPAA-certified and does not provide any special data protections for medical or health-related information. If you choose to include such details, you do so voluntarily and at your own discretion. Please avoid including sensitive medical information you do not wish to share.
9. Family and Shared Use
The Memory Collective encourages families to work together on storytelling projects. A single membership may be shared among immediate family members for the purpose of recording or managing joint stories.
You may share access within your household or with close relatives, as long as all users follow these Terms and use the account responsibly. Future membership versions may include individual family logins (“seats”), which will be governed by the same Terms.
10. Privacy and Data Practices
Your privacy matters to us. We will never knowingly sell or rent your personal data.
Please review our Privacy Policy for details on how we collect, use, and protect your information.
TMC uses trusted third-party platforms (such as web hosting, storage, and payment processors) to operate the Services. While we take care in selecting reliable partners, we are not responsible for outages, data loss, or security incidents originating from those third-party services.
11. Payments, Renewals, and Cancellations
Memberships and subscriptions are billed in advance, either monthly or annually, based on your selection. You may cancel anytime through your account settings. Your membership will remain active until the end of the current billing period.
Pre-paid memberships (for example, annual plans) are non-refundable after 30 days unless required by law.
12. Refund Policy
• Memberships & Subscriptions: 30-day refund period from purchase date. No refunds after 30 days or for partially used subscription terms.
• 1-on-1 Services: Refunds handled case-by-case. Partial refunds may be granted if some work remains incomplete. No refunds for projects canceled or delayed by the client beyond the original project timeline.
• Special Circumstances: If a storyteller passes away or cannot continue, remaining time may be transferred to another storyteller.
13. Termination and Account Deletion
You can cancel your account anytime through your dashboard.
If a payment fails, TMC will attempt to notify you via the email address on file. If payment isn’t received within the grace period outlined in our policies, your account may be suspended or permanently deleted, along with all associated data.
While we make reasonable efforts to send notices, delivery may be affected by spam filters, outdated contact information, or technical errors. TMC is not liable for data loss resulting from nonpayment, communication failures, or account inactivity.
If TMC terminates an account for violating these Terms, the user may lose access to all data and materials without refund.
Data Access After Cancellation
When a membership or account is canceled, access to user-generated content may end immediately. TMC currently does not provide an automatic export or download feature for project data. Users who wish to retain copies of their materials should do so before cancellation. Once an account is deleted, all associated data may be permanently removed and cannot be recovered.
14. Data Access and Legacy Planning
It is the user’s responsibility to inform trusted family members or beneficiaries about how to access the information stored in their TMC account. Instructions for this process can be found within the Legacy Planning chapter of the Membership Guide Book.
15. Accessibility, Downtime, and Errors
We strive to keep our Website and Services available and functional at all times, but occasional downtime, errors, or data interruptions may occur. We can’t guarantee uninterrupted access, and we’re not liable for losses caused by such interruptions.
16. Disclaimer of Warranties
The Website and Services are provided “as is” and “as available.” TMC makes no representations or warranties regarding the accuracy, reliability, or suitability of its content or services. You use the Website and Services at your own risk.
17. Limitation of Liability
To the fullest extent permitted by law, The Memory Collective, its owners, employees, contractors, or partners shall not be liable for any indirect, incidental, consequential, or special damages—including emotional distress, data loss, or lost profits—arising from your use of or inability to use the Website or Services.
Our total cumulative liability, for any reason and regardless of form of action, shall not exceed the total amount you paid for Services in the 12 months preceding the claim.
18. Third-Party Services
TMC integrates with certain third-party tools and platforms (e.g., Stripe, MailerLite, Zoom, cloud storage providers). We do not control and are not responsible for the content, functionality, or security of those platforms. Use of third-party services is subject to their own terms and policies.
19. Modifications to Terms
We may update or modify these Terms at any time. Updated versions will be posted on this page, and continued use of the Website or Services after updates means you accept the revised Terms.
20. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Indiana, United States.
Before pursuing formal legal action, both parties agree to attempt good-faith mediation to resolve any dispute. If mediation fails, disputes will be handled exclusively in the courts of Indiana.
21. Entire Agreement
These Terms, along with our Privacy Policy and any service-specific agreements, form the entire agreement between you and The Memory Collective. They replace any prior understandings or communications about the Services.
Questions or Concerns
If you have questions about these Terms, please contact us at support@thememorycollective.co.