Terms, cancellation and withdrawal

Who we are

• MemoryProof is made and run by Simon Bechtel Engineering, a sole trader registered in Poland (CEIDG), ul. Kolejowa 43/279, 01-210 Warszawa, Poland. Tax number (NIP): 5273185113. EU VAT number: PL5273185113.
• You can reach us in the app (Send feedback, in You), by email at hello@memoryproofapp.com or by phone at +48 798 644 899.
• These terms cover using MemoryProof — in a browser and in the iPhone and Android apps — and buying MemoryProof Membership.
• You must be at least 16 to use MemoryProof, in every country, in a browser and in the apps. To buy a membership on our website you must be at least 18. Purchases in the App Store or Google Play follow their rules for younger account holders — a parent may need to approve them.
• In US states with app-store age laws, the App Store or Google Play tells the app your age group. If you're 16 or 17 there, you use MemoryProof with a parent's consent, given through the store. A parent can withdraw it; the app then locks until they agree again. If the store tells the app that you're under 16, the app is locked. On the locked screen you can still delete your account and your data.
• On our website, you buy MemoryProof Membership from us. The payment is handled by Sold through Link, LLC, part of Stripe, so your receipt says “Sold through Link”. In the iPhone and Android apps, you buy it through Apple or Google (see “Buying in the iPhone or Android app”).

What you get

• The free version, always: your daily tests and each test's score, your last 30 days as a chart, tagging your days, connecting Oura, Apple Health or Health Connect, the library and exporting all your data.
• MemoryProof Membership adds: your usual range and overall score, your full history and the long-term line, lab values, experiments, and how your tags and your sleep compare with your scores.
• Nothing you have recorded is ever deleted or hidden because of your plan. You can export all of it at any time.

The free month

• Your first 30 days include everything in MemoryProof Membership. They count from your first completed check-in, or from the day you create your account if that comes first.
• You don't give any card details for it, and it never turns into a payment by itself. After the 30 days you simply have the free version, unless you decide to buy a membership.
• If you buy a membership during your free month, you keep the free days you have left. They are added after the period you pay for: buy a year on day 10, and you get the full year plus the remaining 20 free days. This is the same on our website and in the iPhone and Android apps.
• Renewals don't change these free days. If you cancel, your membership stays on until the end of the period you have paid for, plus these free days.
• If your purchase is refunded, for example because you withdraw from it or use the money-back guarantee, these free days end with it.

Buying on our website: the subscription and its price

• On our website, MemoryProof Membership costs €8.49 a month or €84 a year. These prices include VAT.
• In the United States: $9.39 a month or $92 a year, tax included.
• If Stripe's payment page shows the price in your own currency, that is the euro price at Stripe's exchange rate, which includes Stripe's conversion fee; the page shows the rate and the fee. You can switch to EUR there and pay exactly the euro price. The currency you choose stays for the whole subscription.
• Sold through Link, LLC (Stripe) takes the payment, handles the VAT and emails your receipts. We never see your card number and store no card details.
• You pay for each month or year in advance.
• It renews automatically: at the end of each month or year it starts again for the same length, until you cancel. In euros (in the United States: in US dollars) it renews at the same price. In another currency, each renewal is the euro price at Stripe's exchange rate on that day, so the amount changes with the rate.
• The contract is made when you tap Pay and subscribe on Stripe's payment page, after you have ticked the box there. With it you agree to these terms; the box also names our Privacy Notice, which tells you how we handle your data.

How to cancel a subscription bought on our website

• You can cancel at any time in the app: You ▸ Manage or cancel subscription. Or, without logging in, on our website: Cancel contracts here (memoryproofapp.com/cancel/), at the foot of every page. You can also write to us.
• After you cancel, your membership stays on until the end of the month or year you have already paid for, plus any free days you kept from your free month. Then you have the free version, with all your data.
• Outside the 14-day right of withdrawal and the 30-day money-back guarantee below, a period you have already paid for is not refunded.
• Deleting your account also cancels a subscription bought on our website; a subscription bought through Apple or Google keeps running until you cancel it there.

Your right to withdraw from a purchase on our website — 14 days, full refund

• You can withdraw from the contract within 14 days of buying, without giving any reason. The 14 days count from the day after the day you bought, and end at the end of the 14th day; if that day is a Saturday, a Sunday or a public holiday, they end at the end of the next working day.
• The easiest way: in the app, under your plan in You, tap Withdraw from contract (shown for as long as you can withdraw). It shows which contract you withdraw from and where we send the confirmation, and you can add your name. Without logging in, you can also use Withdraw from contract here on our website (memoryproofapp.com/withdraw/), at the foot of every page. Or send us a clear statement by email or letter to the address above — you can use the form below, but you don't have to.
• It is enough to send your withdrawal before the 14 days are over.
• You get back the full amount you paid — also for the days you already used your membership — within 14 days of our receiving your withdrawal, the same way you paid, at no cost to you. Your membership then ends, and you keep the free version and all your data.
• We confirm your withdrawal by email, with what you declared and the date and time we received it.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)
— To Simon Bechtel Engineering, ul. Kolejowa 43/279, 01-210 Warszawa, Poland, hello@memoryproofapp.com:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): MemoryProof Membership,
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*) Delete as appropriate.

It helps us find your purchase if you also give the email address of your account.

30-day money-back guarantee — for your first purchase on our website

• This is our own promise, on top of your rights under the law: for your first purchase on our website you have 30 days to withdraw from the contract, instead of 14. Your 14-day right of withdrawal by law (above) and your rights if the membership is faulty stay exactly as they are.
• It covers your first purchase of MemoryProof Membership on our website, monthly or yearly. It applies once per customer, also if you have more than one account. Every later purchase has the 14-day right of withdrawal.
• You have 30 days. They count from the day after the day you bought and end at the end of the 30th day. If the 30th day is a Saturday or Sunday, you have until the end of Monday.
• How: the same way as a withdrawal — in the app, under your plan in You, with Withdraw from contract, shown for the whole 30 days; on our website with Withdraw from contract here; or by email to hello@memoryproofapp.com. You don't need to give a reason.
• You get back everything you paid for this membership — also a renewal charged within the 30 days — the same way you paid, at no cost to you, within 14 days of your request. Your membership ends at once. You keep the free version and all your data, and we confirm it by email.
• It does not cover purchases in the iPhone or Android app: Apple or Google takes those payments, and their refund rules apply (see “Buying in the iPhone or Android app”).
• The guarantee is given by Simon Bechtel Engineering (address above).

Buying in the iPhone or Android app

• In the iPhone app you buy MemoryProof Membership through Apple (App Store), in the Android app through Google (Google Play). Apple or Google charges you, at the price the store shows in your country, under its own terms.
• It renews automatically at the end of each month or year until you cancel.
• To cancel on iPhone or iPad: Settings ▸ your name ▸ Subscriptions, at least 24 hours before the current period ends. On Android: Google Play ▸ Payments & subscriptions ▸ Subscriptions. Your membership stays on until the end of the period you have paid for, plus any free days you kept from your free month.
• Refunds, and the 14-day right of withdrawal in the EU, for a purchase in the app go through Apple (reportaproblem.apple.com) or Google Play (Google Play's refund page), under their own rules. The Withdraw from contract button in the app and the 30-day money-back guarantee are for purchases on our website only.
• If you buy in the app before you have an account, the purchase moves to your account when you sign up.
• One subscription from Apple or Google works with one MemoryProof account. Your membership then works wherever you sign in to that account. In the app, Restore purchases finds a subscription you bought with your Apple or Google account.

How a purchase works

• On our website: in MemoryProof, tap See what's included (for example in You), tick I'm 18 or older and choose the yearly or the monthly plan. Stripe's payment page opens; it says “Sold through Link”. Enter your payment details and tick the box there. With it you agree to these terms; the box also names our Privacy Notice, which tells you how we handle your data. Then tap Pay and subscribe. After that you're back in MemoryProof, and your membership is active.
• In the iPhone or Android app: tap a plan. Apple's or Google's purchase sheet opens, and you confirm the purchase there.
• Correcting mistakes: before you pay, Stripe's payment page shows the plan and the price including VAT (in the US: including tax), and you can still change anything you entered. To choose another plan, go back to MemoryProof with the arrow at the top of the payment page or your browser's back button — nothing is charged. In the apps, close the purchase sheet without confirming.
• The contract text: with your account, we keep which version of these terms you agreed to and when, and the plan, price and date of each purchase. We don't keep a separate copy of the contract text for you. This page always shows the current version, with its date at the top. To keep the version you agree to, save or print this page before you buy.
• Languages: the contract languages are English and German. These terms exist in both.

If something doesn't work

• If MemoryProof Membership does not work as described, you have the rights the law gives you for faulty digital services (the legal guarantee) — in addition to cancelling and withdrawing. Tell us with Send feedback or by email.

What you need

• MemoryProof runs in an up-to-date web browser on a phone, tablet or computer, as an app added to your home screen, or as the MemoryProof app for iPhone or Android.
• It needs an internet connection to create your account, to save your data to it and to use it on more than one device. Your tests are saved on your device first and sent to your account when you are online.
• Connecting Oura needs your own Oura account. Apple Health works in the iPhone app, Health Connect in the Android app. Reminders need a MemoryProof account and notifications allowed on your device — in a browser on iPhone and iPad, only in the app added to the Home Screen.

Not a medical device, not medical advice

• MemoryProof is a general wellbeing tool. It is not a medical device and does not diagnose, screen for, predict or monitor any disease or condition.
• Your scores are your own data, for your own interest. They can't tell you whether you have a medical problem.
• The library reports what studies found. It is not medical advice and not a recommendation to take or stop anything. We never sell supplements.

Your data

• How we handle your data is described in the Privacy Notice (in the app: You ▸ Your data ▸ Read the Privacy Notice). We never sell your data and never share it with advertisers.

If you use the iPhone or iPad app

• These terms are an agreement between you and Simon Bechtel Engineering only — not with Apple.
• You get a non-transferable license to use the MemoryProof app on Apple devices that you own or control, as allowed by the Usage Rules in Apple's Media Services Terms and Conditions.
• We alone provide maintenance and support for the app. Apple has no duty at all to provide any.
• We are responsible for any warranties for the app, whether given by us or by law, as far as they apply. If the app fails to meet a warranty, you can tell Apple, and Apple will refund the price you paid for the app. As far as the law allows, Apple has no other warranty duty for the app; any other claims, losses or costs from such a failure are our responsibility.
• We, not Apple, deal with any claims by you or anyone else about the app or your use of it — including product liability claims, claims that the app doesn't meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws, also about the app's use of Apple Health (HealthKit).
• If anyone claims that the app, or your having or using it, infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not in a country that is under a US Government embargo or that the US Government has designated as a “terrorist supporting” country, and that you are not on any US Government list of prohibited or restricted parties.
• Questions, complaints or claims about the app go to us: Simon Bechtel Engineering, ul. Kolejowa 43/279, 01-210 Warszawa, Poland, hello@memoryproofapp.com, +48 798 644 899.
• When you use the app, you must also follow any third-party terms that apply, such as your mobile network's.
• Apple and Apple's subsidiaries are third-party beneficiaries of these terms. Once you accept these terms, Apple has the right to enforce them against you as a third-party beneficiary.