Terms of Service

1. Service Provider

MemorySparks is operated by:

Hans Leonel Jurado Munoz
Lima, Peru
Email: hansleonel@icloud.com

2. Subscription Information

2.1 Subscription Tiers

MemorySparks offers the following auto-renewable subscription options:

• Weekly Subscription: $3.99 USD per week
• Monthly Subscription: $12.99 USD per month
• Annual Subscription: $79.99 USD per year

Note: Prices may vary by region and are subject to change with notice.

2.2 Premium Features

Premium subscriptions provide access to:

• Unlimited personalized AI-generated stories using Google Gemini
• AI-generated artistic cover images via OpenAI (gpt-image-2), with optional image-to-image transformations of your own photo
• Audio narrations of your stories via Fish Audio (text-to-speech)
• On-device video composition combining cover image and audio narration
• Access to all genres: Romantic, Adventure, Mystery, Fantasy, Horror, Sci-Fi, and more
• Ad-free experience
• PDF export and sharing capabilities
• Enhanced story customization options
• Local storage of unlimited stories
• Image upload for story context (up to 20MB per image)

2.3 Auto-Renewal Terms

IMPORTANT - Apple Auto-Renewal Requirements:

• Payment will be charged to your iTunes Account at confirmation of purchase
• Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the renewal price
• Subscriptions may be managed by you and auto-renewal may be turned off by going to your iTunes Account Settings after purchase
• Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription

3. Cancellation and Refund Policy

3.1 How to Cancel

You can cancel your subscription at any time through your iTunes Account Settings:

1. Open the Settings app on your iOS device
2. Tap your name at the top
3. Tap "Subscriptions"
4. Select MemorySparks
5. Tap "Cancel Subscription"

3.2 When Cancellation Takes Effect

• Cancellation takes effect at the end of your current billing period
• You will retain access to premium features until the end of the paid period
• No partial refunds are provided for the current subscription period

3.3 Refund Policy

Refunds are handled exclusively by Apple, not by MemorySparks.

To request a refund:

1. Visit Apple's refund request page: https://support.apple.com/en-us/118223
2. Sign in with your Apple ID
3. Select the MemorySparks purchase
4. Choose your reason and submit

Important Notes:

• Refunds are at Apple's sole discretion (typically within 14 days of purchase)
• MemorySparks cannot guarantee refund approval
• For technical issues, please contact us first at hansleonel@icloud.com

4. License Grant

Subject to your compliance with these Terms, MemorySparks grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on devices you own or control
• Access and use the App for your personal, non-commercial use

4.1 Restrictions

You may NOT:

• Use the App for commercial purposes without our written permission
• Modify, reverse engineer, decompile, or disassemble the App
• Remove any copyright or proprietary notices
• Transfer, sublicense, or sell your license to use the App

5. Content Ownership

5.1 MemorySparks Intellectual Property

The App, including its code, design, trademarks, and technology, is owned by Hans Leonel Jurado Munoz and protected by intellectual property laws.

5.2 AI-Generated Content (Stories, Images, Audio)

• Stories are generated by Google Gemini AI based on your input.
• Cover images are generated by OpenAI (gpt-image-2) when you request an "AI image".
• Audio narrations are generated by Fish Audio's text-to-speech models.
• Video files are composed locally on your device combining the above.
• All AI-generated content is provided "as-is" for your personal use. We make no warranties regarding accuracy, originality, fitness for any particular purpose, or freedom from third-party claims. AI outputs may contain inaccuracies, may resemble pre-existing works, and may not be entirely unique.
• You may not claim exclusive copyright over AI-generated content. Where local law applies copyright to AI outputs at all, your rights are limited to personal, non-commercial use of the specific output produced for you.

5.3 User-Provided Content

You retain ownership of:

• Memory text you provide
• Images you upload

By using MemorySparks, you grant us a license to use your input solely to:

• Generate stories via Google Gemini AI
• Generate AI cover images via OpenAI when you request that feature
• Generate audio narrations via Fish Audio when you request that feature
• Provide and improve our service
• Comply with legal obligations

Each of the above only occurs after you provide explicit, in-app consent the first time you use that feature, as required by Apple App Review Guideline 5.1.2(i).

6. Prohibited Uses

You agree NOT to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Upload illegal, harmful, or offensive content
• Share your account credentials with others
• Use automated systems (bots, scrapers) to access the App
• Generate content that violates the rights of others
• Attempt to circumvent security features or subscription verification
• Interfere with or disrupt the service

6.1 Specific to AI Image Generation

When using the AI image generation feature (powered by OpenAI), you additionally agree NOT to:

• Generate images depicting real, identifiable individuals without their explicit consent — this includes celebrities, public figures, and private persons. The image-to-image feature must only be used with photos of yourself or photos for which you have obtained the subject's consent.
• Generate sexually explicit content, nudity, gore, hate symbols, or content depicting violence against real people.
• Generate images of minors in any context that could be construed as harmful, sexualized, or exploitative.
• Generate content that violates OpenAI's Usage Policies, which apply to all images created through the gpt-image-2 model regardless of where they are eventually displayed or shared.
• Use generated images to deceive, defame, harass, or impersonate any person.

Violations may result in immediate suspension of access to AI features and/or termination of your account.

6.2 Specific to Audio and Video Generation

• You are responsible for any audio narrations and videos you create and share. You may not use these features to defame, harass, or impersonate any person, nor to spread misinformation.
• Although video composition runs entirely on your device and we never receive a copy, you remain bound by all applicable laws regarding the content you produce and distribute.

7. Service Availability

• We strive to provide reliable service but do not guarantee uninterrupted access
• We may perform maintenance that temporarily affects availability
• We reserve the right to modify or discontinue features with reasonable notice
• We may suspend or terminate accounts that violate these Terms

8. Third-Party Services

MemorySparks uses the following third-party services:

• Google Gemini AI: For story generation and image analysis (terms)
• OpenAI: For AI cover image generation via the gpt-image-2 model (usage policies, privacy)
• Fish Audio: For text-to-speech audio narration (terms, privacy)
• RevenueCat: For subscription management
• Supabase: For authentication and data storage
• Apple App Store: For payment processing

Your use of these services is subject to their respective terms and privacy policies. Where a third-party policy (such as OpenAI's Usage Policies) imposes additional restrictions on permitted uses, those restrictions apply to your use of the corresponding feature in MemorySparks.

9. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your data.

Key Points:

• Memory text and images are sent to Google Gemini AI for story generation (with your explicit consent the first time)
• Story text and optional photos are sent to OpenAI for AI cover image generation (with your explicit consent the first time)
• Story text is sent to Fish Audio for audio narration (with your explicit consent the first time)
• Video composition runs entirely on your device — no video data leaves your phone
• None of our processors use your data to train AI models
• Payment information is handled exclusively by Apple
• Stories are stored locally on your device
• We do not sell your data to third parties

10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

We disclaim all warranties, express or implied, including:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of content

We do not guarantee that:

• The App will be error-free or uninterrupted
• Defects will be corrected
• The App is free from viruses or harmful components
• AI-generated stories will meet your expectations

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability is limited to the amount you paid in the last 12 months, or $100 USD, whichever is less
• We are NOT liable for indirect, incidental, consequential, punitive, or special damages
• We are NOT liable for loss of data, profits, revenue, or business opportunities
• We are NOT liable for actions of third-party services (Google, Apple, RevenueCat, Supabase)

12. Indemnification

You agree to indemnify and hold harmless MemorySparks, Hans Leonel Jurado Munoz, and our affiliates from any claims, damages, liabilities, and expenses arising from:

• Your violation of these Terms
• Your use of the App
• Content you provide or generate
• Your violation of any rights of another party

13. Age Requirements

• You must be at least 13 years old to use MemorySparks (17+ in some regions)
• If you are under 18, you must have parental or guardian consent
• We comply with COPPA (Children's Online Privacy Protection Act)

14. Modifications to Terms

We reserve the right to update these Terms at any time. Changes will be effective:

• Material Changes: 30 days after notice via email or in-app notification
• Minor Changes: Immediately upon posting

Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.

15. Modifications to Service and Pricing

• We may modify features, functionality, or pricing with reasonable notice
• Price changes for existing subscriptions will be communicated at least 30 days in advance
• You may cancel if you do not agree to price changes

16. Termination

16.1 By You

• Cancel subscription through iTunes Account Settings
• Request account deletion at hansleonel@icloud.com

16.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent activity
• Use the App in a manner that harms others or the service

16.3 Effect of Termination

• Your license to use the App ends immediately
• You must stop using the App
• Local data on your device is not automatically deleted
• No refunds for unused subscription time (unless required by law)

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of Peru (Lima), without regard to conflict of law principles.

17.2 Dispute Resolution

1. Informal Resolution: Contact us at hansleonel@icloud.com to resolve disputes informally
2. Negotiation Period: Allow 30 days for good-faith negotiation
3. Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration in Lima, Peru
4. Class Action Waiver: You agree to resolve disputes individually, not as part of a class action

17.3 Jurisdiction

Exclusive jurisdiction for any disputes: Courts of Lima, Peru

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MemorySparks.

20. Contact Information

For questions, concerns, or requests regarding these Terms:

Hans Leonel Jurado Munoz
Lima, Peru
Email: hansleonel@icloud.com
Response Time: Within 7 business days

21. Apple-Specific Terms

If you downloaded MemorySparks from the Apple App Store:

• These Terms are between you and MemorySparks, not Apple
• Apple has no obligation to provide support for the App
• Apple is not responsible for the App or its content
• Apple is a third-party beneficiary of these Terms
• You must comply with Apple's App Store Terms of Service

Important Links

• Privacy Policy
• Contact Support
• Request Refund from Apple