The use of Memoriia implies full and unconditional acceptance of these Terms. This document is valid in all applicable jurisdictions, including the European Union (GDPR), Brazil (LGPD), California USA (CCPA), Mexico (LFPDPPP), Argentina (Law 25.326), and other consumer protection regulations in force globally.
Not a medical or emergency service: Memoriia is a tool for reminders and alerts. She does not provide diagnosis, treatment or medical advice, and she does not replace seeing a health professional. Watch alerts are based on the data your device sends and are not a diagnosis: a watch may miss a fall, or flag one that didn't happen. In an emergency, call your country's emergency services. Memoriia alerts the person you chose, but it does not replace 911, 112 or any emergency service.
User data (§2): If the user loaded incorrect information, it is their responsibility.
Attempt ≠ outcome (§3): Memoriia promises to try — not that the person will answer the phone.
Biometric = reference (§3b): Watch alerts are not medical diagnoses. False positives and negatives are inherent in the technology.
GPS = complementary (§3b): It is not a certified tracking system. The guardian receives alerts so they can act if they consider it necessary. Memoriia imposes no obligation on them to act and does not hold them responsible for what happens.
Third parties (§4): If WhatsApp, Telnyx, the watch or Google Maps fail, it is not Memoriia's responsibility.
Limited damages (§5): Maximum reimbursement = 3 months of paid subscription.
Global compliance (§6): GDPR · LGPD · CCPA/CPRA · LFPDPPP · Law 25.326 · PDPA · UU PDP.
UNCITRAL Arbitration (§12): No litigation in costly adversarial courts.
Stripe (§7): Memoriia does not touch or store card data.
Memoriia is a proactive notification technology platform that operates through WhatsApp messaging and automated phone calls. The service acts exclusively as a communication intermediary configured by the User themselves.
The User explicitly acknowledges that Memoriia:
Is NOT a medical device and is not approved as such under any health regulation (FDA, ANMAT, ANVISA, EMA, COFEPRIS or equivalents).
Is NOT an emergency service. In case of a real emergency, the User must contact local emergency services (911, 112 or the corresponding number for their country).
Is NOT a mental health, psychological or therapeutic support service.
Does NOT replace medical, pharmaceutical or any licensed health professional supervision.
Is a personal productivity tool, functionally equivalent to an electronic agenda with proactive alert capability.
2. Responsibility for Content
The User is the sole and exclusive responsible party for:
The accuracy, truthfulness and relevance of all content entered on the platform.
The consequences derived from incorrect, incomplete or outdated information loaded into the system.
Obtain the explicit consent of any third parties whose data they enter, especially those designated as Guardian.
Health-related use: If the User uses Memoriia to manage medication or treatment reminders, they acknowledge that this tool is a complementary support and never a substitute for professional medical care.
The effectiveness of the protocol depends on the accuracy of the data entered (valid, active number with network coverage).
Memoriia cannot guarantee that the Guardian will respond, take action or be available when receiving the notification.
By designating a Guardian, the User declares that they have informed that person and obtained their consent.
Critical limitation: Memoriia guarantees the technical attempt to execute the configured protocol. She does NOT guarantee the human result of it.
Only what's critical: The guardian alert is triggered only in critical situations: unconfirmed health reminders, watch alerts (fall, pulse out of range) or leaving the safe zone. Your regular reminders and appointments are never shared with anyone.
3b. Biometric and Geolocation Features — Specific Conditions
The biometric monitoring (Smartwatch) and geolocation (safe zone) features are optional services added to the base service. Enabling them involves specific conditions of use, responsibility and consent that the User expressly accepts when turning them on.
Biometric Monitoring — Conditions of Use and Responsibility
By activating the biometric monitoring function via smartwatch, the User declares understanding and accepting that:
Not a certified medical device: The biometric data received by Memoriia (BPM, ECG, temperature, accelerometer) comes from the User's smartwatch. Memoriia does not certify, validate or guarantee the clinical accuracy of that data. The smartwatch is not a certified medical device either, unless its manufacturer expressly states otherwise.
Configured thresholds are reference values: Predefined alert values (e.g. BPM >130, BPM <45, fall detected) are general reference technical parameters, not medical diagnoses. A biometric alert does NOT equal a diagnosis or confirmed medical emergency.
False positives and negatives: The system can generate alerts from sudden movements, sensor interference or watch hardware failures, as well as NOT generate alerts for real events if the watch doesn't transmit data. The User accepts this intrinsic limitation of the technology.
The escalation protocol is complementary: Memoriia executes the protocol (WhatsApp → Call → Guardian) for a biometric alert, but CANNOT determine if the situation requires real medical intervention. This determination is the exclusive responsibility of the User, Guardian and/or local emergency services.
Watch manufacturer's responsibility: Any failure, inaccuracy or interruption in biometric data transmission is the responsibility of the device manufacturer, not Memoriia. See §4 on third-party infrastructure failures.
Revocable consent: The User can turn off biometric monitoring at any time by sending "DISABLE BIOMETRIC" to Memoriia. The withdrawal takes effect immediately and does not affect the other services contracted.
Jurisdictions with special regulation: In the EU (Art. 9 GDPR), Brazil (Art. 11 LGPD), California (CPRA §1798.121), Mexico (Art. 9 LFPDPPP), Argentina (Art. 7 Law 25.326), Indonesia (UU PDP), Thailand (PDPA 2019), South Africa (POPIA Art. 26), Canada (PIPEDA) and Australia (APP 3): the User confirms having given explicit, specific and informed consent to the processing of biometric data as a special/sensitive category of personal data.
Geolocation and Safe zone — Conditions of Use and Responsibility
By turning on the Safe zone feature (GPS safe zone monitoring), the guardian and the holder of the monitored device expressly accept that:
GPS accuracy: Geolocation accuracy depends on the device hardware, network coverage and surrounding conditions (buildings, interference). Memoriia does not guarantee exact metric accuracy. The configurable safe zone radius has an inherent technical margin of error.
Not a certified security system: Memoriia is not a person location system certified by public security authorities. She does not replace search and rescue services or dedicated emergency GPS systems.
Dual responsibility of the Guardian: The guardian who turns on the safe zone expressly declares: (a) that they have informed the device holder about the monitoring of their location; (b) that they have obtained their free and informed consent, or can prove legitimate legal representation in the case of people with reduced capacity or minors.
Minors and persons with diminished capacity: The guardian activating GPS monitoring of a person unable to consent on their own declares acting as legal guardian or representative, assuming full legal responsibility for such activation in their jurisdiction.
Zone detection failures: If the family member's device loses GPS signal, runs out of battery, or the transmission system fails, Memoriia may not detect a safe zone exit. The guardian accepts that Memoriia cannot guarantee real-time detection in degraded connectivity conditions.
Alerts with nearby health centers: Information about nearby medical centers comes from the Google Maps API in real time. Memoriia does not verify the availability, operating capacity or specialty of those centers. This information is for guidance only, not a medical referral.
Jurisdictions with special geolocation regulation: In the EU (GDPR recital 75 + Art. 9), Brazil (LGPD Art. 11), California (CPRA §1798.121), Mexico (Art. 16 LFPDPPP) and Indonesia (UU PDP): continuous geolocation of people is considered sensitive or high-risk data. The guardian confirms having an adequate legal basis (the holder's consent or legal representation) for its processing.
Withdrawal: The guardian can turn off the safe zone at any time from the settings. The device holder can request deletion of their location data by writing to contact@memoriia.io. Memoriia will delete that data within a maximum of 30 days.
Specific biometric/GPS exemption: Bremen Core LLC will not be liable for any physical, psychological, economic or other damage arising from: (a) inaccuracies in biometric watch data; (b) GPS detection failures; (c) false positives or negatives from the alert system; (d) delays in notifying the guardian; (e) guardian inaction upon receiving an alert. Memoriia's maximum liability in these cases is limited to the amount paid by the User in the last three (3) months.
4. Liability Limitation for Third-party Failures
Provider
Exemption
Meta / WhatsApp
Global outages, API changes, regional blocks, account suspension.
Telnyx
Call delivery failures, rate changes, service interruptions.
Supabase / Cloud
Database interruptions, data loss due to cloud provider failures.
Incorrect information about nearby health centers, failures in the location API.
User's Device
No battery, no signal, airplane mode, phone off, deactivated number.
Force Majeure
Natural disasters, wars, pandemics, massive internet outages, governmental acts.
5. Full Exemption from Damages
To the maximum extent permitted by applicable law, Memoriia and Bremen Core LLC shall not be liable for any damages, including without limitation:
Direct, indirect, incidental, special, punitive or consequential damages.
Loss of data, revenue, profits or business opportunities.
Physical, psychological or health damages derived from the use or inability to use the service.
Economic losses derived from reminders not delivered or delivered late.
Damages derived from incorrect, late or non-generated biometric or GPS alerts.
Maximum liability amount: In exceptional cases, Memoriia's maximum accumulated liability shall be limited to the total amount paid by the User during the last three (3) months prior to the damage-causing event.
6. Privacy, Personal Data and Global Compliance
The processing of personal data, including biometric and geolocation data, is governed by Memoriia's Privacy Policy, which forms an integral part of these Terms.
Jurisdiction
Legal Basis
GDPR (EU/UK)
Explicit consent (Art. 6.1.a) + Contract execution (Art. 6.1.b). Art. 9.2.a for biometric and GPS data.
LGPD (Brazil)
Holder's consent + contract execution (Art. 7, II and IX). Art. 11-I for sensitive data.
CCPA / CPRA (California)
We do not sell data. Opt-in required for biometric data and precise geolocation (§1798.121).
LFPDPPP (Mexico)
Express consent for sensitive data (Art. 9). Full privacy notice available.
Law 25.326 (Argentina)
Free, express and informed consent of the holder (Art. 7).
PDPA / UU PDP (SE Asia)
Explicit consent prior to processing of health and biometric data.
The User has the right to access, rectification, deletion, portability, objection and withdrawal of consent. To exercise them: contact@memoriia.io. Response within 30 business days at most.
7. Subscription and Payment Conditions
Payments are processed exclusively by Stripe, Inc. Memoriia does not store credit or debit card data.
Subscriptions renew automatically unless the User cancels before the renewal date.
No refunds are offered for partial periods, unless the legislation of the User's country expressly requires it.
Memoriia reserves the right to modify prices with a minimum of 30 days notice.
Right of withdrawal (EU): Users residing in the EU have 14 calendar days to withdraw from the contract (Directive 2011/83/EU).
8. Acceptable Use and Prohibitions
It is strictly prohibited to use Memoriia to:
Send illegal, abusive, threatening, defamatory or obscene content.
Harass, stalk or contact third parties without their consent.
Attempt to access other users' accounts or breach the system's security.
Fraudulent, deceptive or phishing activities.
Biometrically or GPS monitoring persons without their consent or without legitimate legal representation.
Resell, sublicense or transfer access to third parties without express authorization.
9. Modifications to the Service and Terms
Modifications will be notified with a minimum of 15 days notice via WhatsApp.
Continued use of the service after notification implies acceptance of the new Terms.
If the User does not accept the modifications, they must cancel their subscription before the effective date.
10. Intellectual Property
All content, design, code, brand, logos, trade name and technology of Memoriia are the exclusive property of Bremen Core LLC. The User receives only a limited, non-exclusive, non-transferable and revocable license to access the service in accordance with these Terms.
11. Minor Accounts
Memoriia is not intended for people under 18. By using the service, the User declares that they are of legal age. If Memoriia detects that a minor has created an account, she will delete it immediately along with all associated data. Using biometric or GPS features to monitor minors requires proof of legitimate legal representation. If you set up a minor's watch, you declare that you are their parent or legal guardian.
12. Applicable Law, Jurisdiction and Dispute Resolution
This agreement is governed by the laws of the State of Wyoming, United States, without prejudice to the mandatory consumer protection regulations of the User's country of residence.
Stage
Mechanism
Timeframe
1
Direct mediation between the parties
30 days
2
Formal mediation with agreed independent mediator
60 days
3
International arbitration under UNCITRAL Rules, Spanish, remote modality
—
4
Local jurisdiction (EU and Brazil: courts of the User's place of residence)
—
To the extent permitted by law, the User waives the right to participate as a plaintiff or class member in any class action against Memoriia or Bremen Core LLC.
13. Final Provisions
Partial nullity: If any clause is declared null, the rest of the document remains in full force.
Complete agreement: This document replaces any prior communication or agreement between the parties.
Language: The Spanish version is the reference version. In case of conflict with versions in other languages, this version shall prevail.
