Memoto Terms of Service

These terms apply from the moment you create an account on memoto.nl or app.memoto.nl and for as long as you use Memoto.

These terms exist in Dutch and in English. If the two texts differ, the Dutch version is binding. If a clause in this English version can be read in more than one way, the reading most favourable to you applies.

What this is about

Memoto is your daily ritual: a short moment for yourself in the morning and in the evening, a companion who writes back, and at the end of every week a memento built from your own words.

What you write remains yours. What Memoto makes from it, you get to keep — even if you stop.

Below you will find what you may expect from us, what we expect from you, and how you can leave at any time. In plain language, because you should be able to read what you are saying yes to.

Article 1 — Who we are and when these terms apply

1.1 Who is Memoto? Memoto is a service of Octadex, the sole proprietorship of Ronald Achtien. Octadex trades under the name Memoto.

Where "we" or "us" appears below, we mean Octadex. Where "you" appears, we mean you as a user.

1.2 What these terms cover. These terms apply to your use of the Memoto web app at app.memoto.nl, to the website memoto.nl and to your subscription. If you later join through an app from the App Store or Google Play, additional rules will apply; we will publish those as a clearly recognisable separate part of these terms.

1.3 When you become bound by them. You agree to these terms when creating your account, by ticking the box "I agree to the terms of service". Before you do so, you can read, save and print the full text. We also include the text in the confirmation e-mail, so you can find it again later.

1.4 Which version applies to you. We keep the full text of every version of these terms, with its version number and date. In your account we record which version you accepted and when. Want to re-read that version? Request it via hallo@memoto.nl and we will send it to you free of charge. An overview of what changed per version is available on memoto.nl.

1.5 Other documents. Our privacy statement explains which data we process, why, and which rights you have. That is a separate document with its own status: you do not "agree" to it, you take note of it. We do not repeat its contents here. For your consent to process what you write, we ask for a separate, unticked checkbox when you set up your account.

1.6 Language. These terms exist in Dutch and in English. In the event of a difference between the two texts, the Dutch version is binding. If you read the English version and a clause can be interpreted in more than one way, the interpretation most favourable to you applies.

Article 2 — What Memoto is, and what it is not

2.1 What you get. Memoto is a personal journal with a companion who writes back. You get:

• a companion who is called Momo by default, but whom you give your own name and tone;
• three short questions every morning: what are you working towards, what will be challenging, what are you happy about — with a message from your companion;
• a reflection on your day every evening, with a score from 1 to 5;
• skipping a day is a normal action with its own button. There are no streaks and no penalty benches;
• moments: loose memories with a title, a note, a feeling, your own topics and optionally a photo or video;
• looking ahead: events and plans with a countdown, and tasks attached to them;
• a conversation with your companion in a chat;
• read-aloud: every message from your companion can be read out loud in the voice you chose;
• at the end of every week, and after closing a plan, a memento: a story from your companion built from what you yourself wrote in that period;
• nudges by push notification or e-mail, at the times you choose — each channel can be switched off, and every e-mail has a one-tap unsubscribe button.

If new features are added later — for example look-backs over a longer period — those are additions; what is listed above is what we promise today.

2.2 Memoto is not care. Memoto is not a medical device, not therapy, not treatment and not counselling. Memoto does not diagnose, does not give treatment advice and does not assess your health.

2.3 The texts come from an AI. The messages, conversations and mementos in Memoto are created by artificial intelligence. They can be wrong or clumsy. They are never a substitute for a conversation with your doctor, a psychologist or a counsellor. More about this in Article 5.

2.4 Memoto is not a helpline. Memoto is not staffed around the clock. We do not monitor your account and we do not read along with what you write. So do not expect us to see when you are not doing well, or to contact you.

2.5 The fixed referral to support services. We have built a fixed referral to support services into the app. It appears automatically when your text contains certain words on a fixed list. This is not an assessment of you or your situation: it is the same pre-written text for everyone, and it works with a simple word list — not with an analysis of your state of mind and not with AI. The referral may fail to appear when you would have wanted it, and may appear when it was not needed at all.

2.6 We do not call anyone in on your behalf. When such words occur, we do not contact you, your doctor, emergency services, the people close to you, or the coach through whom you got to know Memoto. We do not call anyone in on your behalf. That is deliberate: what you write is private, and you decide who you talk to.

2.7 Do you need help right now? In the Netherlands, call 113 or the free number 0800-0113 (day and night, free and anonymous) or chat at 113.nl. Just want to talk: de Luisterlijn (deluisterlijn.nl). In Belgium: Zelfmoordlijn 1813. In immediate danger: 112.

2.8 The coach you may know Memoto through. If you work with a lifestyle or mindset coach who recommended Memoto, that coach is a partner of ours — not a party to this agreement. The coach cannot look into your account and does not see what you write. A coach code gives you a longer trial period and nothing else: the same terms, the same price, the same rights. See also Article 11.

2.9 What you need to use Memoto. Memoto is a web app: it works in a current version of a common browser (such as Chrome, Safari, Firefox or Edge) on your phone, tablet or computer, without installation from an app store — you can add it to your home screen as an app. You need an internet connection and an e-mail address. Push nudges only work if your browser or device supports them and you give permission; e-mail nudges always work.

Article 3 — Memoto is only for people aged 18 and over

3.1 Memoto is intended for persons aged 18 and over.

3.2 When creating an account, you expressly declare that you are 18 or older. That is a separate action, distinct from your agreement to these terms. We record that declaration with the date.

3.3 We do not ask you for identification and we do not estimate your age based on what you write or do. That would itself be an invasion of your privacy.

3.4 What happens if someone turns out to be younger. If we discover that a user is under 18 — for example because it is reported to us or because the user says so — we terminate the account and delete the data. If that account was paid for, we refund the unused part. Afterwards we keep only an irreversibly encoded record of the deletion with the date, so we can show it was carried out.

3.5 Reporting something. Do you think a minor has an account? Let us know via hallo@memoto.nl. We respond within two working days.

Article 4 — Your account

4.1 Signing up. You create an account with your e-mail address. You can sign in in four ways, and you choose which:

• with your Google account;
• with a sign-in link that we send you by e-mail (no password);
• with an eight-digit code from that same e-mail;
• with a password. If you choose this, you must link an authenticator app (two-step verification). A password alone is not enough of a lock on a journal.

4.2 What we ask of you. Keep your e-mail account well secured, preferably with two-step verification: anyone who can access your e-mail can request a sign-in link for your Memoto. Do not forward sign-in links or codes. Keep your password and your authenticator app to yourself.

4.3 One account per person. A Memoto account belongs to one natural person. You do not share your account, you do not use Memoto on someone else's behalf and you do not create an account for someone else. That is not just an agreement: in a journal, the words of two people can no longer be separated afterwards, and that makes providing a copy and deletion impossible.

4.4 If something goes wrong. Do you think someone else can access your account? E-mail us immediately at hallo@memoto.nl. We can then close your active sessions and invalidate outstanding sign-in links.

4.5 What we never do. We never ask you by e-mail or phone for a sign-in link, a code or your password, and we never ask you to enter your details somewhere "for verification". If you receive such a message, it is not from us.

Article 5 — About the AI and your companion

5.1 What your companion says is written by AI. Your companion's messages, the conversations and your mementos are generated by an AI model, based on what you yourself have written and on what you told us when getting started. The voice that reads them aloud is also AI-generated; it is not a recording of a real person. There is no human in between reading your journal to write those texts.

5.2 You are communicating with an AI system. As soon as you write something in Memoto and a message or memento is created for you, an AI system is involved. We tell you this when you get started, the explanation is permanently available under Settings, and you will see a fixed label on every generated text.

5.3 AI sometimes gets it wrong. An AI model can state things that are not true, misunderstand things, or infer something from your words that you did not mean. So do not assume that what it says is factually correct, and verify important things yourself.

5.4 It is not professional advice. Do not treat a message, a chat reply or a memento as advice from a doctor, a psychologist, a counsellor, a lawyer or a financial adviser. Your companion does not interpret how you are doing, does not name complaints or conditions and does not offer treatment — not even if you ask. Do not take decisions based on these texts that you would normally discuss with a professional.

5.5 The conversation has a daily limit. Your companion gives at most twenty replies per day in the chat. That is a deliberate choice: Memoto is a journal with a companion, not an endless chat service, and we do not want you to get stuck to it. The next day the counter simply resets.

5.6 Something not right? Do you feel a message or memento is wrong or does not fit what you wrote? E-mail us at hallo@memoto.nl; we can delete it for you. You never have to keep a text from your companion.

5.7 What we record so it can be checked. For every generated message we record which version of our instructions and which model created it. That way we can later trace how a text came about.

5.8 What you may do with the generated texts. Anything. See Article 6.

Article 6 — What is yours, and what you may do with your mementos

6.1 Your words, photos and videos remain yours. Everything you write in Memoto and all media you add are and remain yours. We do not become their owner and we do not ask you to transfer those rights to us.

6.2 What we do need to make Memoto work. To store, display and safely back up your journal, and to create your companion's messages and mementos from it, we must be able to technically store and process your text and media. For that you grant us a licence: non-exclusive (you keep all rights yourself), free of charge, solely to provide the service to you, and only for as long as your account exists. After deletion of your account this licence continues only for as long as your data remains in our security backups, and ends once those have been automatically replaced.

6.3 We may pass your text to the companies that help us — and to no one else. To write and read aloud your companion's messages, we engage service providers. They may use your content solely to perform that one task for us. Which companies these are and what exactly they do is set out in our privacy statement. We do not sell your data and we do not give it to advertisers.

6.4 We do not train AI models on what you write. Our suppliers are contractually forbidden to do so as well. Should we ever want to offer a separate, voluntary option for this, it will be off by default, it will not be a condition for using Memoto, and saying no will have no consequences whatsoever.

6.5 What Memoto creates for you, you may use without restriction. Your companion's messages, the read-aloud audio and your mementos may be kept, printed, shared and used further as you wish — including after you have stopped using Memoto. We do not restrict this, we cannot revoke this right and we do not charge for it.

6.6 About the rights in AI-generated texts. Under the current state of the law, texts written entirely by an AI model are not protected by copyright, because there is no human author. We therefore claim no copyright in your messages and mementos, and we cannot grant you that right either. What we do give you is set out in 6.5: an unrestricted right of use that we cannot revoke.

6.7 The memento is made from your words. For a memento, your own sentences are summarised, rearranged and supplemented. If you feel the result does not fit what you meant, you can have it deleted (see 5.6). Your moral rights in your own text remain fully yours.

6.8 Our own things remain ours. The name Memoto, our logo, the design of the app, the software and the texts we write ourselves remain ours. You may use Memoto; you may not copy, imitate or resell it.

6.9 You can always get a copy of everything. Your account settings contain the button "Download my journal". It gives you a complete copy of your journal straight away — your texts, media, audio and mementos — in one file: a readable version that also works without Memoto and without internet, plus the same data in a common, machine-readable format. It costs you nothing, you may do it as often as you like, and we will not put anything in your way. If you get stuck, you can still ask us at privacy@memoto.nl.

Article 7 — Photos and videos, and other people in them

7.1 You decide what goes in. You may add photos and videos (up to 50 MB per file) to your moments. What you add is up to you; we do not ask about it and we do not look at it.

7.2 You are responsible for being allowed to store those images. If other people appear in them — your partner, your children, your friends, people at a party — you are the one who judges whether you want to put those images in Memoto. They have no relationship with us. So do not add images of which you know or suspect that the people in them would not want that.

7.3 What you do not add. You do not add imagery that is criminal, in particular no sexual imagery of minors. You also do not add images you received or found from someone else and that you are not allowed to keep or distribute.

7.4 What we do with your media — and above all: do not do. We store your photos and videos and show them to you. We do no facial recognition, we do not determine who appears in them and we do not group people. Your media are not sent to the AI provider. They are kept in shielded storage and can only be reached through a temporary link that expires after one hour.

7.5 Your media stay private. Memoto has no sharing features, no timeline and no audience. What you add is for you. Should that ever change, we will ask you separately, in advance, and with a separate choice.

7.6 Are you in someone else's images? If you appear in a photo or video in someone else's Memoto and want to ask about it, e-mail privacy@memoto.nl. The privacy statement explains what we can and cannot do — we do not search through users' journals, but we can explain how things work and what else you can do.

Article 8 — What you do and do not do

8.1 The starting point. Memoto is a private space for one person. There is nothing to publish and no one reading along. The rules below are therefore short.

8.2 What you do not do.

8.3 Found a security vulnerability? Report it via hallo@memoto.nl. If you report a vulnerability and do not abuse it, we will take no action against you. We will let you know what we do with it.

Article 9 — If things go wrong between us

9.1 We proceed in steps. If you do not comply with Article 7 or 8, we do not immediately do the most severe thing. We work in this order:

1. We let you know and ask you to stop.
2. We temporarily restrict a feature, if that solves the problem.
3. We suspend your account. You can then no longer add anything.
4. We terminate the agreement with one month's notice, and refund the prepaid, unused part for every full remaining month.
5. We terminate the agreement immediately. We only do this in the event of criminal material, fraud or payment fraud, a serious breach of the security of our service or of other users, or a repeated violation after we had already notified you.

9.2 You never lose your journal. In all cases — including suspension or termination — you can download a complete copy of your data (Article 6.9). We never hold your journal hostage to make you do anything.

9.3 We use no grounds other than these. We do not terminate or suspend "without stating reasons". The grounds above are the only ones.

9.4 You can do the same. If we seriously fail and do not resolve it within a reasonable time after you notify us, you can dissolve the agreement. We will then refund what you overpaid. See also Article 15 and Article 19.

Article 10 — Free trial, price and payment

10.1 Try it for free — without payment details. You can try Memoto free for 14 days. If you join through the code of a friend or a coach, it is 30 days. We do not ask you for payment details for this. The read-aloud voice is fully included in the trial.

At the end of your trial period nothing happens automatically: nothing is charged and no subscription starts. So there is nothing to cancel either. Writing does stop then, until you take out a subscription: capturing new days, the messages from your companion, the reading voice and the looks back all need a subscription. Reading back stays open: your journal is still there and you can keep reading and downloading it in the app. What you wrote remains safely stored (Article 16): if you subscribe later, everything will be there again. Signing in always keeps working, also without a subscription, so you can download your data or delete your account (Article 16.2).

10.2 What it costs. Current prices are shown on memoto.nl and before you complete your order, with the total cost per billing period. All prices include VAT. There are no other charges.

10.3 The founders offer. The first one hundred paying members get the founders subscription: an annual subscription of € 49 per year, and you keep that price — it does not go up, not even at a renewal, for as long as your subscription continues without interruption. That is how we thank the people who were there from the start. If you cancel and come back later, the regular prices of that moment apply. While stocks last; memoto.nl shows whether the offer still applies.

10.4 How you pay. Payment runs through Stripe, our payment service provider. You choose a payment method at checkout. Stripe processes your payment details; we ourselves never see or store your card or account number. We do record that payment took place: the amount, the date and the invoice number. Which data Stripe processes is set out in our privacy statement.

10.5 When we charge. The first payment is on the day you take out your subscription. After that, we charge on the same day of the month or year, in advance for the coming period. You receive an invoice for every payment; you can find your invoices in the customer portal (Article 12.5).

10.6 If a payment fails. If a payment fails, we let you know and retry a few times. You get at least 14 days to sort it out. Only after that do we suspend access. Your data remains safely stored during and after that period. We charge you no collection or administration fees unless we have first given you this period.

10.7 Your authorisation. By completing your order, you authorise us to collect, via Stripe, the amounts belonging to your subscription: once per month or once per year, for the amount you saw before ordering, until you cancel.

Article 11 — Inviting friends and coach codes

11.1 Your own friend code. Every customer gets their own eight-character code. You may share it with whomever you like.

11.2 What your friend gets. Anyone who creates an account with your code gets a 30-day trial instead of 14. Nothing else changes for your friend: the same prices, the same terms.

11.3 What you get. If your friend actually starts paying after the trial, you get a discount on your next payment: 10% if your friend takes a monthly subscription, 5% for an annual subscription. If you invite more friends, the discounts add up, to a maximum of 100% of one payment. Discount you have earned remains until it has been applied.

11.4 What the discount is not for. The friend code exists to share Memoto with people you know — not to trade, to spread via discount sites or to use for accounts you control yourself. In case of abuse we may cancel awarded discounts and block the code; we will explain that to you if it happens.

11.5 Coach codes. Coaches and other partners can have their own partner code. For you it works the same as a friend code: a 30-day trial, nothing else different. The coach receives a fee from us based on the revenue that comes in through his or her code, but never sees your name linked to your use and never anything you write (see Article 2.8 and the privacy statement).

11.6 The programme can change. We may change or end the friends programme and the percentages for the future. That never affects discount you have already earned.

Article 12 — Duration, renewal and cancellation

12.1 Monthly subscription. The monthly subscription is entered into for an indefinite period and is billed monthly in advance. You can cancel at any time. The cancellation takes effect at the end of the period you have already paid for; after that no new payment follows. You keep full access to Memoto until that moment.

12.2 Annual subscription. The annual subscription is entered into for a fixed period of twelve months and is billed in advance. Your price is fixed for those twelve months. After those twelve months, the annual subscription is tacitly continued, at the then-current price, again with annual billing — without you being tied to a new fixed period.

12.3 Cancelling after the first continuation. From the moment your annual subscription has been continued for the first time, you can cancel it at any time, with a notice period of no more than one month and without owing any fee. If you prepaid for a period that ends due to the cancellation, we refund the unused part for every full remaining month.

12.4 The founders subscription too. The founders subscription (Article 10.3) is treated the same as the annual subscription, with one difference in your favour: your price of € 49 per year continues to apply for as long as your subscription runs without interruption.

12.5 How you cancel. You cancel via "Cancel subscription" in your account settings; that takes you to the customer portal of our payment provider Stripe, where you cancel in two steps: choose and confirm. You do not have to call us and you do not have to give a reason. If you prefer to e-mail, that is fine too: hallo@memoto.nl.

12.6 What does not happen while you cancel. We do not put screens between you and the cancel button that interrupt your flow. We do not ask you for a reason before you may continue. We offer you an alternative at most once, and that offer is never pre-ticked and never a barrier.

12.7 We confirm every cancellation. Immediately after you cancel, you receive an e-mail with the date your subscription ends and what happens to your data afterwards (Article 16).

12.8 We remind you of a renewal. When your annual subscription is about to renew, we send you an e-mail at least 30 days in advance. It states the date we will charge, the amount, and how to cancel before that date.

12.9 We can cancel too. We can also terminate the agreement, with one month's notice. If we do so without you having failed in your obligations, we refund the prepaid, unused part. Our notice period is never shorter than yours.

Article 13 — Cooling-off period (right of withdrawal)

13.1 You have 14 days to change your mind. You have the right to dissolve the agreement without stating reasons within 14 days of the day you entered into the paid subscription.

13.2 How you do that. You exercise that right with the button "Withdraw from the contract here". It is visible throughout the cooling-off period in your account settings, at the bottom of every page of memoto.nl and in your confirmation e-mail. You then confirm with the button "Confirm withdrawal".

You may also do it another way: with the model withdrawal form in Annex A, or with an ordinary e-mail to hallo@memoto.nl in which you state unambiguously that you are withdrawing.

13.3 We confirm your withdrawal. We confirm receipt without delay by e-mail, including the content of your declaration and the date and time of submission.

13.4 We refund everything. We refund all payments received from you, no later than 14 days after we receive your withdrawal, using the same means of payment you used. There is no cost to you.

13.5 Start right away, without losing anything. When you complete your order, we expressly ask whether we may start immediately, during your cooling-off period. If you say yes, you can use Memoto straight away.

The law allows us to withhold an amount for the part you already used if you later withdraw. We do not do that. If you withdraw within 14 days, you get the full amount back, however much you used Memoto in those days.

13.6 We do not ask you to waive your cooling-off period. Some services have you declare that you lose your right of withdrawal once the service has been delivered. We do not ask that of you. You keep your full 14-day cooling-off period. Should any part of your statutory right of withdrawal nevertheless have lapsed, we grant you the same right under this article.

13.7 During your free trial. The cooling-off period in this article concerns your paid subscription. During the free trial you have not paid anything, so there is nothing to refund; you simply stop, or you do nothing and it expires.

Article 14 — Price changes

14.1 We can change the price. We can change the price of an ongoing subscription. We only do so at a renewal, never during a period you have already paid for.

14.2 You hear about it at least 30 days in advance. We announce a change at least 30 days before it takes effect, by e-mail, stating the old price, the new price and the date on which the new price is first charged.

14.3 You can stop free of charge. If you do not agree with the change, you can end your subscription free of charge up to the day the new price takes effect. If you do, we refund any prepaid, unused part.

14.4 Never during your fixed year. For an annual subscription, a new price only applies from the next contract period. During the fixed twelve-month period and during any ongoing, prepaid period, your price does not change.

14.5 Not in the first three months. We do not raise the price within three months of concluding the agreement. If a government tax or levy changes in that period and this feeds through into the price, you may dissolve the agreement.

14.6 Promotions and introductory prices. A temporary promotional or introductory price applies only for the period stated with the offer. Immediately afterwards, the standard price named with that offer applies. We always state that standard price before you order. The founders subscription is not a temporary promotional price: that price continues to apply for as long as your subscription runs without interruption (Article 10.3), and this article gives us no right to deviate from that.

14.7 We never adjust the price to what we know about you. Everyone sees the same price. We do not use automated decision-making to determine your personal price.

Article 15 — Refunds

15.1 Within your cooling-off period: everything back. If you dissolve within 14 days of entering into your paid subscription, you get the full amount back. See Article 13.

15.2 Cancelling during an ongoing month. If you cancel a monthly subscription halfway through a paid month, you keep access until the end of that month. We do not refund that month, but no new payment follows.

15.3 Cancelling during a prepaid year. If your annual subscription has been continued and you then cancel, we refund the unused part, calculated per full remaining month.

15.4 If we terminate without you having done anything wrong. If we end the agreement without you having failed in your obligations, we refund the prepaid, unused part.

15.5 If the service does not do what we promise. If Memoto does not work as we promised and we do not fix it within a reasonable time, you are entitled to free repair of the shortcoming, a price reduction, or dissolution of the agreement, and we refund what you overpaid. See Article 19.1.

15.6 How you request a refund. Use the withdrawal button in your account settings or e-mail hallo@memoto.nl. We respond within two working days.

15.7 How we refund. Always via the same means of payment you used, unless you expressly agree otherwise. There is never a cost to you.

Article 16 — Stopping, and what then happens to your journal

16.1 Your subscription runs until the end of the paid period. If you cancel, nothing changes until that date. You can simply keep writing.

16.2 After that you can read, but not write. After the end of your paid period, or of your trial period if you do not subscribe, your journal stays readable in the app: your days, your moments and your looks back are still there, and you can download them. What stops is writing and everything your companion does: no new entries, no messages, no reading voice and no new looks back. We say that honestly, so it does not take you by surprise.

Signing in does keep working. You then land on your account page, where you can do four things: take out a subscription, download a copy of everything, delete your account, and read the referral to support services.

16.3 Your data remains safely stored, and you lose nothing. We do not delete your journal when you stop. Everything remains, and:

• if you take out a subscription (again) later, everything will be there again, exactly as you left it;
• you can download a complete copy at any time (Article 6.9), even without a subscription;
• you can delete your account and all data at any time (Article 16.4).

16.4 You delete it yourself, with one button. Your account settings contain "Delete my account and everything in it". You get one screen with the consequences, one offer to download a copy first, and a confirmation of your identity — and then it is gone. There is no waiting period around it and no persuasion screen; we also do not ask you for a reason.

We then delete your account, your entries, your conversations with your companion, your media, your audio, your mementos, your events, plans and tasks and your intake answers. In practice this happens immediately, and in any case within 24 hours. They then disappear from our security backups automatically, as old backups are replaced by new ones; we do not restore deleted data from a backup. Prefer e-mail? Write to privacy@memoto.nl from your account address; that works too.

16.5 What we still keep afterwards. Your invoice and payment data, because tax law requires us to, and an encrypted record that a deletion took place, with the date — so we can prove we did what we promised.

16.6 What you already received remains yours. Copies you requested and everything you saved yourself — including your mementos and audio — you may keep and use without restriction. See Article 6.5.

Article 17 — Availability and maintenance

17.1 What we promise. We do our best to keep Memoto working every day and to store your journal carefully. We store your journal and your media in the European Union, we make backups and we secure your data as described in the privacy statement. To create and read aloud your companion's messages we engage suppliers outside the EU; which ones, and what they retain, is set out in the privacy statement.

17.2 What we do not promise. We do not promise uninterrupted availability or a fixed uptime percentage. Memoto is an app for a daily ritual, not a service with a service-level contract. Outages happen; we fix them as quickly as reasonably possible.

17.3 Maintenance. Sometimes maintenance is needed. Planned maintenance during which Memoto is temporarily unavailable is announced at least 24 hours in advance, and we schedule it outside the morning and evening moments when people use Memoto. In urgent cases — for example to close a security hole — we act immediately and tell you afterwards.

17.4 Components from others. Memoto works with services from others: the AI model, the speech technology, the hosting, the payment service. If one of those services fails, Memoto may temporarily be able to do less on that point. Your journal remains safely stored and retrievable in that case; that is the core we keep standing.

Article 18 — If we change Memoto

18.1 We may change Memoto, but not just like that. We can change Memoto if there is a good reason. That can be:

18.2 It never costs you extra. A change under 18.1 entails no additional costs for you.

18.3 We tell you in time. If something changes to your detriment — other than to a minor extent — we let you know at least 30 days in advance by e-mail, stating what changes, when it takes effect and what it means for you.

18.4 You can then stop free of charge. In the event of such a change, you can dissolve the agreement free of charge within 30 days of the notification or, if later, of the moment of the change. We then refund the prepaid, unused part.

18.5 Or you keep it as it was. If we can offer you the option of continuing to use Memoto unchanged at no additional cost, we will offer you that choice. If you choose it, the right of dissolution in 18.4 lapses.

Article 19 — Liability

19.1 What we stand for. We do our best to make Memoto work well and to keep your journal safe. If the service does not work as you were entitled to expect based on these terms and our information, you have the rights the law gives you: free repair, a price reduction, or dissolution of the agreement with a refund. We do not and cannot limit those rights.

19.2 There is no complaint deadline. You do not have to tell us within a certain period that something is wrong. Feel free to report it quickly — then we can fix it faster — but you lose no rights if you do not.

19.3 What we do not stand for. Memoto is an app for motivation and reflection. Memoto is not care, not therapy and not advice. The texts the AI creates for you can be wrong or incomplete. Do not take decisions based on those texts that you would normally discuss with a professional.

19.4 What we compensate if something does go wrong. If we are liable for damage, our liability per event and per calendar year is limited to the amount you paid us for your subscription in the twelve months before the event, with a minimum of € 100.

19.5 What we do not compensate. We do not compensate indirect damage, such as lost profit, missed savings, missed opportunities or consequential damage in your work or business.

19.6 When the limitations in 19.4 and 19.5 do not apply. Those limitations do not apply:

19.7 Your own copy. We store your journal carefully and you can download a complete copy at any time (Article 6.9). Make use of that option if it matters to you; it is the best protection against loss, for both of us.

19.8 Your responsibility towards others. If someone else brings a claim against us because you violated Article 7 or 8 — for example because you added material to which you had no rights — we can recover from you the damage that results for us, to the extent that damage is attributable to you. We always consult with you first and we do not settle without involving you.

Article 20 — Force majeure

20.1 What force majeure is. Sometimes we cannot meet our obligations due to something beyond our control that is not attributable to us. Think of a prolonged outage at a supplier we cannot reasonably work around, a large-scale failure of internet or power, a cyberattack on infrastructure we do not manage, a government measure, or a natural disaster.

20.2 What happens then. For as long as that situation lasts, we may suspend our obligations. We will let you know as soon as possible what is going on and what you can expect.

20.3 It does not last forever. If the situation lasts longer than 30 days, both you and we may terminate the agreement. We then refund the prepaid, unused part for every full remaining month.

20.4 What force majeure is not. Force majeure is no reason to curtail your statutory rights. If you cannot use Memoto for an extended period, you keep your right to a price reduction or dissolution, even if the cause was force majeure.

Article 21 — If we change these terms

21.1 We can change these terms. We may amend these terms if there is a good reason: changed legislation or case law, a decision of a supervisory authority, a change in the service itself (Article 18), a change at one of our suppliers, or improving readability.

21.2 What we do not do. We do not use this article to unilaterally change the core of the deal: not to make you pay more (Article 14 governs that), not to give you less without following the route of Article 18, and not to stretch the liability arrangement of Article 19 in our favour without giving you something in return.

21.3 You hear about it 30 days in advance. We notify you of a substantive change at least 30 days before it takes effect, by e-mail and with a notice in the app. It states what changes, why, and from when. For a purely editorial change — a typo, a clarification without consequences — we publish the new version with a new version date, without a separate notice.

21.4 You can cancel free of charge. If you do not agree with a substantive change, you can cancel your subscription free of charge up to the day the change takes effect. We then refund the prepaid, unused part for every full remaining month.

21.5 For major changes we ask your agreement again. If a change affects the price, what you get, the liability arrangement or where your data is stored, we ask for a new, active agreement at your next sign-in. Not a banner: a screen where you have to choose.

21.6 Never retroactively. The version that applied at the time of an event continues to apply to that event. A new version applies only to what comes after.

21.7 We record what you accepted. We keep the full text of every version, and for each acceptance we record which version it was and at what moment. A public overview on memoto.nl shows what changed per version and why.

Article 22 — Complaints and disputes

22.1 Not satisfied? Tell us first. E-mail hallo@memoto.nl. Tell us what happened and what you expect from us.

22.2 What we then do.

• Within 2 working days we confirm receipt.
• Within 14 calendar days you receive a substantive answer.
• If that does not work out, you receive a message before those fourteen days with the reason and a new deadline.

22.3 Is it about your data? Then e-mail privacy@memoto.nl. The deadlines of the privacy legislation apply: we respond within one month, with an extension of at most two months if your request is complex. You can also always turn to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) or the Belgian Data Protection Authority (Gegevensbeschermingsautoriteit).

22.4 Can't we work it out? Then you can submit your dispute to the competent court. We are currently not affiliated with any dispute resolution board, and we are not bound by any code of conduct. Should we join one, we will name it here and explain how to reach it.

22.5 Which law applies. This agreement is governed by Dutch law.

22.6 Which court. If you live in the Netherlands, you can go to the Dutch courts. If you live in another country of the European Union — for example Belgium — you retain the protection of the mandatory rules of that country, and you can also bring your dispute before the courts of your own place of residence. We can only summon you before the courts of your place of residence.

Article 23 — Transfer of the agreement

23.1 Why this is here. Memoto is currently provided by Octadex, the sole proprietorship of Ronald Achtien. Memoto may later be placed in a private limited company or another business. We want to be able to do that without it affecting you.

23.2 What we may do. We may transfer this agreement, with all rights and obligations, to another party, provided that party continues Memoto — for example upon conversion into a private limited company, a reorganisation, or an acquisition of Memoto.

23.3 You cooperate in advance. You hereby grant your cooperation to such a transfer in advance. That cooperation is needed to be able to transfer the agreement as a whole.

23.4 What we put up in return.

23.5 What happens to your data. Upon a transfer, your data moves to the new party, which then becomes the data controller. We inform you in advance, with the name of the new controller and where to find its privacy statement. If you do not want that, cancel before the effective date and we delete your data in accordance with Article 16.

23.6 You cannot transfer. You cannot transfer your Memoto account or your subscription to someone else. An account belongs to one person (Article 4.3) and a journal is not transferable.

Article 24 — Final provisions

24.1 If one provision is invalid. If a provision of these terms proves void or voidable, the remaining provisions continue to apply. In place of the invalid provision, an arrangement applies that comes as close as possible to its intent and that is valid. If that is not possible, the law applies.

24.2 This is the whole agreement. These terms, together with what you saw when ordering and our confirmation by e-mail, form the agreement between you and us. Earlier versions of these terms and earlier commitments lapse as a result — except commitments we made to you personally and in writing.

24.3 If we let something pass. If we once do not invoke a provision of these terms, we do not lose that right for a next time.

24.4 Headings. The headings above the articles are there for readability. They do not limit the content of an article.

24.5 Language. See Article 1.6: the Dutch version is binding.

24.6 Version. This is version 2.1 of 1 September 2026. On memoto.nl you will find the overview of all versions and what changed per version.

24.7 Contact. Questions about these terms? E-mail hallo@memoto.nl. We reply within two working days.

Annex A — Model withdrawal form

Only complete and return this form if you wish to withdraw from the contract.

You do not have to use this form. You can also use the button "Withdraw from the contract here" in your account settings or at the bottom of memoto.nl, or simply send us an e-mail.

MODEL WITHDRAWAL FORM

(complete and return this form only if you wish to withdraw from the contract)

— To: Octadex (Memoto), De Tilbarten 49, 9084 CB Goutum, the Netherlands, e-mail hallo@memoto.nl:

— 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 (*)

    .................................................................

— 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.