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Terms of Service

Last Updated: January 2025

Welcome to MemoirX.

MemoirX was founded on the belief that love, legacy, and meaningful wishes should never be reduced to transactions. These Terms of Service ("Terms") provide clarity and structure while preserving the heart of our mission.

These Terms govern your access to and use of the MemoirX website, client portal, and services operated by MemoirX, LLC, a Missouri limited liability company ("MemoirX," "we," "our," or "us").

By creating an account or using our services, you agree to these Terms.

1. Overview of Services

MemoirX provides legacy messaging and coordinated delivery services, including but not limited to:

  • Scheduled handwritten letters and mailed correspondence
  • Digital message storage (video, audio, written)
  • Milestone or event-based deliveries
  • Coordinated experiences (including travel or third-party vendor arrangements)
  • Compassionate access services

MemoirX facilitates meaningful personal deliveries but does not provide legal, financial, medical, or estate planning services.

2. Eligibility & Minor Use

There is no minimum age requirement to create a MemoirX account.

If a user is under 18 years of age:

  • A parent or legal guardian is responsible for supervising account activity.
  • Any payment must be authorized by the legal cardholder.
  • The supervising adult assumes responsibility for the minor's use of the services.

MemoirX is not liable for unauthorized payment use by minors.

3. Account Responsibility

You are responsible for:

  • Providing accurate contact information
  • Maintaining correct recipient details
  • Safeguarding login credentials

MemoirX is not responsible for delivery issues resulting from inaccurate or outdated information submitted by you.

4. Our Commitment to Wishes & Responsible Stewardship

MemoirX exists to honor meaningful wishes with compassion and integrity.

We proudly provide complimentary services to individuals who are terminally ill, and we are committed to ensuring that personal legacy messages are never withheld due to financial hardship.

If a client passes away before completing payment for certain services:

  • Personal legacy messages and stored content will be delivered as intended.
  • MemoirX will work collaboratively with the family or designated legacy contact to determine a responsible and fair path forward regarding any remaining balance associated with physical goods or third-party vendor services.

Possible solutions may include:

  • Adjusting the scope of arrangements
  • Flexible payment timing
  • Application of available credits
  • Vendor coordination regarding refunds or modifications
  • Other mutually agreed resolutions made in good faith

MemoirX does not operate as a lender or financial guarantor of third-party expenses. However, our priority remains honoring the client's intent in a sustainable and responsible manner.

Our goal is never to create financial pressure during moments of grief. We exist to serve meaningful wishes with integrity.

5. Cancellation, Refunds & One-Time Setup Fees

Clients may cancel services at any time through the website portal or by contacting us.

If an event or milestone passes (such as a birthday, Sweet 16, anniversary, or planned experience):

  • Funds may be credited to the account
  • Transferred to another service
  • Or refunded to the original payment method

Refunds are handled in good faith and may be subject to third-party vendor policies where applicable.

One-Time Setup Fee (Non-Refundable)

Any initial one-time setup or onboarding fee is non-refundable. This fee covers:

  • Administrative processing
  • Client portal setup
  • Secure storage allocation
  • Initial account configuration
  • System onboarding and preparation

Because these services are performed immediately upon account activation, the one-time setup fee cannot be refunded.

This structure allows MemoirX to responsibly manage administrative costs while continuing to operate with a compassion-first approach.

6. Guaranteed Delivery Commitment

If a delivery is scheduled for a specific date — including posthumous deliveries — MemoirX guarantees that the item will be prepared and shipped in time to arrive by the selected date.

This guarantee applies provided that:

  • Accurate recipient information has been provided
  • Required verification (if applicable) has been received
  • No extraordinary force majeure event prevents fulfillment

In the rare event of unforeseen circumstances beyond our control (such as carrier-wide disruptions or natural disasters), MemoirX will make reasonable and compassionate efforts to resolve the situation.

7. Verification of Passing

For posthumous deliveries, MemoirX may request reasonable confirmation before releasing stored content. This may include:

  • Notification from the designated legacy contact
  • A death certificate (if available)

Formal probate documentation is not required.

If conflicting information is received, MemoirX reserves the right to delay delivery until clarification is obtained.

8. User Content & Ownership

You retain ownership of all submitted content.

By submitting content, you grant MemoirX a limited license to:

  • Store
  • Reproduce
  • Prepare
  • Deliver

Content solely for fulfilling your instructions.

You agree not to upload content that:

  • Is unlawful
  • Infringes intellectual property rights
  • Contains illegal threats or instructions
  • Violates privacy laws

MemoirX reserves the right to refuse unlawful material.

9. No Legal or Estate Planning Services

MemoirX is not a law firm, estate planning provider, financial advisor, or trust administrator.

Our services are personal legacy expressions and do not replace wills, trusts, or other formal legal instruments.

Clients are encouraged to consult licensed professionals for legal or financial matters.

10. Limitation of Liability

To the fullest extent permitted under Missouri law:

MemoirX shall not be liable for indirect, incidental, special, emotional, or consequential damages arising from:

  • Delivery timing
  • Content interpretation
  • Recipient reactions
  • Third-party vendor services
  • Family disputes

Total liability for any claim shall not exceed the total amount paid by the client to MemoirX within the twelve (12) months preceding the claim.

11. Force Majeure

MemoirX is not liable for delays or failures caused by events beyond reasonable control, including but not limited to:

  • Natural disasters
  • Government actions
  • Internet outages
  • Postal carrier disruptions
  • Vendor closures

12. Indemnification

You agree to indemnify and hold harmless MemoirX, LLC, its members, employees, and contractors from any claims, damages, or liabilities arising from:

  • Content you submit
  • Inaccurate information provided
  • Disputes among recipients or family members
  • Allegations that submitted content violates third-party rights

13. Dispute Resolution & Binding Arbitration

Any dispute arising out of or relating to these Terms shall first be addressed through good-faith discussion.

If unresolved, disputes shall be resolved through binding arbitration in the State of Missouri.

You agree to waive:

  • The right to a trial by jury
  • The right to participate in class-action litigation

Arbitration allows disputes to be handled privately and efficiently.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Missouri.

15. Changes to These Terms

MemoirX may update these Terms periodically. Continued use of the services after updates constitutes acceptance of the revised Terms.

16. Contact Information

If you have questions about these Terms of Service, please contact: