Terms of Use

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to create or own a Kioku account. The service is not directed to children under 13. If you create content involving a child, you must be an adult with the legal authority and any permission needed to upload, store, and publish that content.

2. Accounts and security

You must provide accurate account information and keep it reasonably up to date. You are responsible for activity under your account and for keeping your account credentials and memory passwords confidential. Notify us promptly if you believe your account or content has been accessed without permission.

You may not share an account in a way that defeats plan limits, use another person's account without authorization, or attempt to access accounts, memories, or systems you are not permitted to access.

3. Your content and permissions

You retain ownership of the content you submit to Kioku. You grant Kioku a non-exclusive, worldwide, royalty-free license to host, store, copy, encode, transmit, display, and otherwise process your content only as reasonably necessary to operate, secure, moderate, improve, and provide the service you request. This license ends when the content is deleted, except for reasonable backup periods, legal obligations, and copies previously shared outside Kioku.

You represent and agree that:

• you own the content or have all rights needed to use it on Kioku;
• you have permission to use and publish the names, images, voices, recordings, personal stories, and other information of people shown or heard in the content;
• content involving a child is submitted only by an adult with the necessary parental, guardian, or other legal authority;
• your content and use of Kioku do not violate privacy, publicity, copyright, trademark, or other rights; and
• the information you provide is not knowingly false or misleading.

4. Public access and password protection

Published memories are public by default. You may instead require a password or turn public access off. Public memories can be viewed without signing in by anyone who receives or discovers the link or QR code. Public links may be forwarded, posted, indexed, downloaded, recorded, copied, or reshared by others.

Password protection requires visitors to enter the memory password before Kioku displays protected content. Password protection reduces access but does not guarantee secrecy or prevent an authorized viewer from copying or redistributing content. You are responsible for deciding whether public or password-protected sharing is appropriate.

Turning public access off prevents Kioku's public Memory page from displaying the Memory until access is enabled again. Resetting a sharing link can invalidate older Kioku links and QR codes, but neither control can retrieve copies, screenshots, downloads, recordings, or reposts that were already made outside Kioku.

Scheduled memories may remain unavailable before their release date. Once released, they are public by default unless password protection is enabled or public access is turned off.

5. Collections and guest contributions

Published memory albums are public. Album owners are responsible for the album's content, invited contributors, sharing settings, and publication decisions. Guest contributors must have rights to the material they submit and must follow the disclosure and consent choices shown on the upload page.

Collection owners and Kioku may approve, reject, hide, or remove guest submissions. A private review note will not be intentionally published unless the contributor separately approves it for publication.

6. Prohibited content and conduct

You may not use Kioku to upload, publish, solicit, or distribute:

• content you do not have the right or permission to use;
• unlawful, exploitative, abusive, threatening, harassing, hateful, or intentionally deceptive material;
• sexual or exploitative content involving minors, non-consensual intimate content, or material that violates another person's safety or privacy;
• malware, phishing, spam, scams, or unauthorized advertising;
• content or activity that infringes intellectual-property or other legal rights; or
• attempts to disrupt, reverse engineer, bypass, overload, scrape, or misuse Kioku's systems, limits, moderation, or security features.

7. Content review and enforcement

Kioku may use automated tools and human review to evaluate content for safety, rights, quality, and compliance. We may delay publication, request changes, restrict access, preserve relevant records, remove content, or suspend accounts when we reasonably believe doing so is necessary to enforce these Terms, respond to reports, protect people, or comply with law.

Review tools can make mistakes. You may contact us to ask that a decision be reconsidered. We are not obligated to host any particular content.

8. Plans, payments, cancellation, and storage

Available plans, prices, billing periods, storage amounts, and features are described at purchase. If you choose a recurring subscription, you authorize recurring charges at the disclosed interval until you cancel. You may manage eligible subscriptions through the account billing tools.

Cancellation generally stops future renewal and does not retroactively refund the current billing period unless required by law or expressly stated at purchase. Taxes and any additional purchase terms will be disclosed when applicable.

When a paid plan is canceled, the plan normally remains active through the current paid billing period and then moves to the Free plan. A downgrade to any plan with lower limits may affect how much content can remain active. Content that fits within the new memory, memory album, and storage limits may remain available.

If your content exceeds the new plan limits, Kioku provides a 30-day grace period to choose what remains active, request a free data archive, or select another plan. Excess content goes offline after that grace period and is scheduled for permanent deletion 90 days after the downgrade. Dates shown in your Account page control for your account. Payment failure, fraud, abuse, legal requirements, or security risks may require different or more immediate restrictions.

Keep your own backup copies of important original files; Kioku should not be your only archive.

9. Scheduled delivery

Scheduled delivery depends on accurate recipient information, email delivery systems, an active and functional service, and other factors outside Kioku's control. We will use reasonable efforts to deliver at the selected time, but we do not guarantee exact timing, receipt, or permanent future availability. Keep independent copies of important memories and review scheduled details periodically.

10. Kioku property

Kioku's software, branding, lantern and seal artwork, layouts, templates, interface, and original service materials are owned by Kioku or its licensors and are protected by applicable laws. These Terms do not transfer ownership of Kioku property to you. You may use exported designs and QR keepsakes for their intended personal use, subject to your plan and these Terms.

11. Service changes and termination

Kioku may add, change, suspend, or discontinue features. We may suspend or terminate access for material or repeated violations, legal risk, nonpayment, security threats, or misuse. When reasonably possible, we will provide notice and an opportunity to export or remove content, but immediate action may be necessary for safety, security, or law.

You may stop using Kioku at any time and may request account deletion through the Account page or by contacting us. Account deletion is different from subscription cancellation. Once a deletion request is verified and processing begins, public memories and memory albums become unavailable, existing QR codes stop working, and active Kioku subscriptions are canceled. You may request a free data archive before deletion is completed.

Kioku provides a 30-day recovery period before permanent account deletion, except where immediate action is requested or required for safety, security, or law. Limited records may remain for legal, financial, fraud-prevention, security, and backup purposes. Terms that by their nature should continue—such as ownership, disclaimers, liability limits, and dispute provisions—survive account closure.

12. Disclaimers

To the fullest extent permitted by law, Kioku is provided “as is” and “as available.” We do not promise uninterrupted operation, permanent storage, error-free moderation, successful delivery, or that content will never be lost, copied, or accessed without authorization. We disclaim warranties that may legally be disclaimed, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of liability

To the fullest extent permitted by law, Kioku and its owner will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost content, profits, opportunities, goodwill, or data arising from the service. Kioku's total liability for claims relating to the service will not exceed the greater of the amount you paid Kioku during the twelve months before the event giving rise to the claim or one hundred U.S. dollars. Some jurisdictions do not allow certain exclusions or limits, so parts of this section may not apply to you.

14. Governing law

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles. Any court proceeding not subject to a legally required alternative forum must be brought in a state or federal court located in Arizona, and you consent to that jurisdiction and venue. Nothing in these Terms limits non-waivable consumer rights.

15. Changes and contact

We may update these Terms by posting a revised version and changing the date above. If a change is material, we will provide additional notice when reasonably appropriate. Continued use after the effective date of revised Terms means you accept them.

Questions, reports, or legal notices may be sent to kiokumemory.app@gmail.com.