Terms of use

1. Purpose and acceptance

The Terms form the contract between you and the publisher of Memoback for the use of the service. You accept them in the app, before your first thought, by ticking the box provided; we record the accepted version and its date. You can read, save or print them on this page at any time.

If you do not accept the Terms, do not use Memoback.

2. Publisher and contact

Memoback is published by Antoine LABORDERIE EI (“we”), whose full details are in the legal notice. For any question: contact@memoback.app. For legal questions and your data: contact@memoback.app.

3. Definitions

• App: the Memoback mobile app for iOS and Android.
• Service: the App, the website memoback.app and the servers that run them.
• Account: your personal space, created by signing in with Apple, Google or Facebook.
• Thought: a note you record, with its text, any audio recording and the information the Service derives from it (category, reminder date).
• Free plan and Premium: the two ways to access the Service, described in section 5 and in the terms of sale.
• You: the individual who uses the Service for personal purposes.

4. Access to the service and account

The Service is for people aged 15 and over. It is meant for personal, non-professional use. You sign in with your Apple, Google or Facebook account; each sign-in account is linked to one Memoback account.

You are responsible for access to your phone and to your sign-in account. Tell us at contact@memoback.app if you think someone else is using your Account.

The Service requires a compatible phone (see the App’s page on the App Store or Google Play) and an internet connection, at your own cost. The free plan is free, with no time limit.

5. Description of the service

Memoback lets you:

• record a thought by voice, in 15 seconds at most, or type it;
• have it transcribed: by your phone’s speech recognition on the free plan, by our servers with Premium (phone recognition is not available on every device or in every language; you can then type your thought);
• see it sorted into a category automatically and browse your thoughts by category;
• get a daily reminder at the time you choose and a reminder at the date found in a thought, if you allow notifications;
• listen to, delete and export your thoughts.

The free plan keeps up to 5 thoughts at a time: to add a sixth, delete one. Premium removes this limit. The App is available in English and French.

Your thoughts are private: they are not published and other users cannot see them.

6. Artificial intelligence

Memoback uses artificial intelligence systems, and tells you so:

• Speech recognition: your phone’s on the free plan; with Premium, the Parakeet TDT 0.6B v3 model, run on our servers in France.
• Categories and dates: the DeepSeek V4.1 Flash language model, used through the OpenCode Go service, assigns a category to each thought and spots time references (“tomorrow morning”, “next Thursday”) to suggest a reminder.

These results are produced automatically, without human review. They can be wrong or incomplete: a wrong transcription, an unsuitable category, a misread date (time zone, ambiguous wording), a missing or shifted reminder. Check important information. Do not rely on Memoback alone for a deadline whose omission could have serious consequences, such as taking medication, a medical appointment or an administrative deadline.

Memoback is not a medical device and gives no medical, legal or financial advice. This processing makes no decision with legal effects for you. How and where it runs is detailed in the privacy policy.

7. Your content

You keep ownership of your thoughts. You grant us, only for as long as they are stored, a free, non-exclusive license to host, reproduce, transcribe and analyze them, solely to provide the Service to you. We use them for no other purpose, do not publish them and do not use them to train artificial intelligence models. This license ends when you delete the thought or your Account.

You are responsible for your content. If a thought contains the voice or information of other people, make sure you have the right to record it. You can get your content back at any time with the data export in the App.

8. Acceptable use

You agree not to:

• store or record illegal content, including child sexual abuse material, content glorifying terrorism, content inciting hatred or violence, or content infringing the rights of others (privacy, copyright, trademarks);
• record, without their consent, words someone speaks privately or in confidence (article 226-1 of the French Criminal Code);
• record sensitive information about another identifiable person (their health, political opinions, religious beliefs, sex life…): none of the exceptions in article 9 of the GDPR would allow Memoback to process that data;
• circumvent the free plan’s limits, payment or the Service’s security measures, including by creating several accounts;
• disrupt or overload the Service, scrape it, or test its security without our written permission;
• decompile or disassemble the App, except where the law allows it (article L. 122-6-1 of the French Intellectual Property Code);
• resell, rent or provide the Service to third parties, or use it commercially without our permission;
• impersonate another person.

9. Reporting illegal content

Memoback stores your content at your request: it is a hosting service under Regulation (EU) 2022/2065 on digital services. We do not monitor thoughts and read them only to handle a report or a rights request, at your request, or where the law requires it; Memoback’s artificial intelligence sorts them for you and is not used for moderation.

Single point of contact for Member State authorities, the European Commission, the European Board for Digital Services and users (articles 11 and 12 of the Regulation): contact@memoback.app, in French or English.

Anyone can report illegal content stored on Memoback to this address (article 16), stating:

• why the content is illegal;
• information to locate it, for example the email address of the Account concerned;
• your name and email address, unless the report concerns a child sexual abuse offence;
• a statement confirming your good-faith belief that the information provided is accurate and complete.

We acknowledge receipt, examine the report diligently and objectively, then tell you our decision and the available remedies. If we remove content or suspend an Account, we give the person concerned our reasons (article 17), and they can challenge the decision by writing to us or before a court. If we become aware of information giving rise to a suspicion of an offence threatening someone’s life or safety, we inform the competent authorities (article 18).

10. Availability and changes to the service

We do our best to keep the Service available at all times but cannot guarantee it: maintenance, outages at our providers, your network or your phone may interrupt it. We provide the updates needed to keep the Service compliant and secure, and may change it to improve it or adapt it to technical or legal developments. Some updates may require a recent version of your phone’s operating system.

11. Account deletion, suspension and end of the service

By you, at any time. Delete your Account in the App’s settings or on the Delete your account page. Deletion is immediate and permanent: your Account, thoughts and recordings are erased, subject to the retention periods set out in the privacy policy. Export what you want to keep first. Deleting your Account does not cancel a Premium subscription: cancel it in your Apple or Google account.

By us. In case of a serious or repeated breach of the Terms (illegal content, fraud, attacks on the Service’s security, circumventing payment), we may suspend or delete your Account, after asking you to stop the breach within a reasonable time, except in an emergency or where the law requires otherwise. A mere mention, in a thought, of sensitive information about another person is not such a breach: delete the thought if you wish or if you are asked to. We give you our reasons for any decision, and you can challenge it.

End of the Service. If we shut Memoback down, we will tell you at least 60 days in advance, in the App and by email, so that you can export your data. A Premium subscription paid for a period after the shutdown is refunded pro rata.

12. Liability

We are liable to you as of right for the proper performance of our obligations. We can be released from all or part of this liability only by proving that the non-performance or improper performance is attributable to you, in particular to use contrary to the Terms, to the unforeseeable and unavoidable act of a third party to the contract, or to force majeure (article L. 221-15 of the French Consumer Code; article 1218 of the French Civil Code for force majeure).

Nothing in the Terms limits the rights you have under the law, in particular the legal guarantee of conformity, or our liability where the law prohibits limiting it.

You are responsible for the content you record and how you use the Service. We advise you to export what matters to you regularly; this advice does not limit our liability.

13. Intellectual property

The App, the website, their texts, graphics, software and the Memoback name belong to the publisher or its licensors. For as long as your Account exists, we grant you a personal, non-exclusive, non-transferable license to use the App on devices you own or control, for your private use. The App’s open-source components remain governed by their own licenses.

14. Apple and Google

The Terms are concluded between you and the publisher, not with Apple or Google. The publisher, not Apple or Google, is responsible for the App and its content, its maintenance and support, and for handling claims about it, including legal compliance, intellectual property and product claims. Apple and Google have no obligation to provide maintenance or support for the App.

If the App downloaded from the App Store fails to conform to an applicable warranty, you may notify Apple, which may refund any price you paid for the App; to the extent permitted by law, Apple has no other warranty obligation regarding it. Your rights against us under the legal guarantee of conformity remain in full.

You represent that you are not located in a country subject to a US Government embargo or designated by the US Government as a “terrorist supporting” country, and that you are not on any US Government list of prohibited or restricted parties. You also comply with the terms of the third-party services you use with the App. Apple and its subsidiaries are third-party beneficiaries of the Terms and may enforce them against you for the App downloaded from the App Store.

15. Personal data

How we process your data, including the sensitive data your thoughts may contain, is described in the privacy policy.

16. Changes to the Terms

We may change the Terms to reflect changes in the Service, the law or case law. We inform you at least 30 days before a significant change takes effect, in the App or by email. When a new version must be accepted, the App shows it to you and asks you to accept it before you can create new thoughts. If you refuse it, you can export your data and delete your Account at no cost.

17. Governing law, complaints and disputes

The Terms are governed by French law. If you live in another EU Member State, this choice does not deprive you of the protection of the mandatory provisions of the law of your country of residence (article 6(2) of Regulation (EC) No 593/2008, “Rome I”).

For any complaint, write to us at contact@memoback.app. If we cannot find a solution, you can use the consumer mediator free of charge: CM2C, https://www.cm2c.net/declarer-un-litige.php (see the terms of sale).

Failing agreement, you may bring the dispute, at your choice, before any court with territorial jurisdiction under the French Code of Civil Procedure or before the court of the place where you lived when the contract was concluded or when the harmful event occurred (article R. 631-3 of the French Consumer Code). If you live in another EU Member State, you may also sue in the courts of your domicile (article 18 of Regulation (EU) No 1215/2012).

18. Language

The Terms are written in French. This English version is a translation; if they differ, the French version prevails, subject to the interpretation most favorable to the consumer (article L. 211-1 of the French Consumer Code).