Language & Acceptance Notice: If this Policy is translated into any language other than English, in the event of a conflict, the English language version shall govern to the fullest extent permitted by applicable laws. By using the Platform, you agree to these Terms & Conditions and our Privacy Policy. If you do not accept these terms, you may not download, use, or access any portion of the platform.
General Provisions & Revisions
These Terms are between you and myMemory Vault Co. only. myMemory Vault Co. is solely responsible for the Platform. We may revise and update these Terms & Conditions in our sole discretion, and will post any updates to the Terms on the Platform. Your continued use of our Platform, or any other service provided through the Platform, means that you accept and agree to the modified Terms & Conditions.
A. Disclaimer
The Platform is not a substitute for the professional judgement of an attorney, mediator or other professional. We do not give legal advice, nor do we provide legal services. You acknowledge that your reliance upon the Platform is solely at your own risk.
B. License Grant; Site Access; Information You Provide
Subject to these Terms, we hereby grant, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download the mobile application and use the Platform. As a condition of your use of the Platform, you warrant that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.
All content included as part of the Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree that you will not copy, modify, alter, revise, paraphrase, display, store, timeshare, sublicense, publish, transmit, sell, rent, lease or otherwise transfer or distribute any content, in whole or in part, found on the Platform or any portion thereof, or create derivative works thereof, except as specifically authorized herein. You further agree not to modify in any way, or delete, any warnings, notices, liability limitations, or other license provisions contained on the Platform.
You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. In the event of any third-party claim that the Platform infringes that third party’s intellectual property rights, myMemory Vault Co. will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
All information you provide to us through the Platform must be current, accurate, and complete. If we at any time discover any error or omission in the information you provide to us, we may, at our option, terminate your right to access and use the Platform. You represent and warrant that you have all rights necessary to receive, use, transmit, and disclose all data that you use in any way with the Platform.
C. Subscription and Cancellation
A subscription to the Platform can be purchased through the Site (the “Subscription”). Your use of the Platform is subject to your payment of a subscription fee, inclusive of applicable taxes (the “Subscription Fee”) for the term selected (the “Subscription Period.”) By purchasing a Subscription, you authorize myMemory Vault Co. or its service provider to charge you via your selected payment method immediately. You may enjoy our free 30-day trial and as such, there is a no refund policy for our paid subscription plan.
Your Subscription will automatically renew for additional Subscription Period of the same length unless you cancel the auto-renewal. You may cancel the auto-renewal of a Subscription through your account settings, or by contacting customer service at info@mymvgateway.com.
Upon expiration of your Subscription, you will no longer have access to your account. Thereafter, a renewal payment is required before further access to the Platform is granted.
D. User Content on the Platform
To the extent portions of the Platform allow you to comment or otherwise post regarding content on the Site (“User Content”), you may not post User Content that:
- Violates any copyright, trade mark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
- Is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically, or otherwise objectionable or offensive; inappropriate; or inflammatory;
- You know (or reasonably should know) is false, deceptive, or misleading;
- Contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, passwords, or other authentication methods;
- Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or
- Violates any applicable local, state, national, or international law.
By posting User Content on the Platform, you represent and warrant that the posting of your User Content does not violate these Terms & Conditions or applicable laws. myMemory Vault Co. does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality of User Content. We reserve the right to review, alter, edit, or remove any User Content, in whole or in part, at our sole discretion.
UNDER NO CIRCUMSTANCES SHALL myMEMORY VAULT CO. OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE PLATFORM.
E. Security and Updates
A password or another form of authentication (“Authentication Method”) is required to access and use the Platform. You are solely responsible for:
- Maintaining the strict confidentiality of the Authentication Method assigned to or created by you;
- Instructing any individual to whom you disclose your Authentication Method not to allow another person to use your Authentication Method to access the Platform without your express permission;
- Any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain strict confidentiality; and
- Promptly informing us in writing of any need to deactivate an Authentication Method due to security concerns.
We are not liable for any harm related to authorization, disclosure or theft of your Authentication Method. You agree to immediately notify us of any unauthorized use of your Authentication Method. You will be liable for any use of the Platform through your Authentication Method until you notify us of any security breach.
myMemory Vault Co. may from time to time provide mobile application updates (including upgrades, bug fixes, patches, and new features). Updates will be deemed part of the mobile application and subject to these Terms.
F & G. Security Protocols & Transport Encryption
MV makes available the following security features, procedures, and tools:
- Security Fact Sheet including 2-Factor Authentication process
- Corporate Information Security Policy
- Network Access Control Policy
- Business Continuity and Disaster Recovery Plan
From time-to-time, MV assesses its infrastructure and applications for vulnerabilities and makes every effort to remediate those that could impact the security of user data.
Transport Encryption
MV uses industry standard encryption to protect user data in transit, generally referred to as Transport Layer Security (“TLS”) or Secure Socket Layer (“SSL”) technology. If your mail service provider supports TLS, your email will be encrypted in transit, both to and from the MV platform.
H & I. Notices and Communications
MV may provide notices by email (to the email address associated with your account) or postings on the MV website(s) related to the affected MV Service.
Any legal notice to MV must be delivered by email to info@mymvgateway.com. If you are unable to deliver notice via email, you may send written notice to:
myMemory Vault Co. Inc.
45 – 209 Wicksteed Ave.
Toronto, Ontario, Canada, M4G 0B1
Attention: Legal Notice
J. Sanctions and Geographic Restrictions
MV operates its platform in countries as authorized by Canadian and United States (“U.S.”) law and the laws of the jurisdiction in which the platform is hosted. In particular, the MV platform may not be:
- Exported or re-exported into any countries that are subject to Canadian and U.S. economic sanctions; or
- Provided to or used by anyone on the Treasury Board of Canada or U.S. Department of the Treasury’s lists of Foreign Sanctions Evaders or Specially Designated Nationals, or the Canadian Department of Trade and Commerce and U.S. Department of Commerce Denied Persons, Unverified, or Entity lists.
By using the platform, you represent and warrant that you are not located in any such country or on any such list. You are responsible for compliance with applicable export control and economic sanctions when traveling across international borders.
K. Governing Law and Severability
These Terms and conditions shall be governed in all respects by the laws of the Province of Ontario, Canada, as they apply to contracts entered into and performed entirely within Ontario.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of the Terms shall remain in full force and effect.
L, M & N. User Data, Ownership & Data Portability
L. User Data Ownership
MV does not own user data. Creating memories and uploading content to the MV platform does not change that content’s ownership or copyright status. If the data was yours to begin with, it remains yours after being uploaded to the MV platform.
By using the platform, you grant MV necessary operational permissions (such as backing it up, transmitting it across secure networks, indexing it for searching, and displaying it on your devices) solely to run and deliver the services.
M. Data Protection
Every memory created in the MV platform is private by default. Memories are stored in secure data centers with redundant servers, storage devices, and off-site backups. We employ 2-factor authentication, SSL/TLS encryption, and strict internal credentials. No one at MV will ever ask you for your password.
N. No Data Lock-in (Portability)
There is no data lock-in with MV. You can export your data at any time. Our software allows users to export memories and vault content in human-readable HTML as well as fully documented, machine-readable XML format.
O. Children & Minors
The MV platform is not directed to minors. Any use by minors should only be done with the guidance, supervision, and express consent of their parents or legal guardians. MV relies on parents and guardians to ensure minors use the platform only if they understand their rights and responsibilities.
P & Q. Feedback & Confidential Personal Information
By submitting feedback, you grant MV a royalty-free, perpetual, irrevocable, worldwide license to use and incorporate your suggestions into the platform.
Handling of Confidential Information
The platform enables you to transmit, store, and receive confidential personal information. You represent and warrant that you will comply with all privacy and data protection laws applicable to you regarding the gathering and transmission of confidential information, and that you hold all necessary legal consents to store and disclose such information.
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF CONFIDENTIAL PERSONAL INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE OR SERVICES.
R, S & T. Disclaimers, Limitation of Liability & Indemnity
R. Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS, AND YOUR USE IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ACCESS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES.
S. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MV OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES). IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE LESSER OF $250 CDN OR THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
T. Indemnification
You agree to defend, indemnify, and hold harmless myMemory Vault Co., its directors, officers, and employees against any claims, damages, liabilities, and expenses (including legal fees) arising from: (1) your breach of these Terms; (2) use of the Platform by you or anyone using your credentials; or (3) any claim that your content violates the intellectual property or privacy rights of a third party.
U, V & W. Term, Termination & Dispute Forum
These Terms remain in effect until your subscription terminates or your account is closed. Paragraphs A, B, G, H, I, J, K, R, S, T, and W shall survive termination.
Dispute Forum & Time Limitation: Any claim or dispute relating to the Platform must be filed within one (1) year after the claim arose, or be forever barred. You agree to submit to the exclusive personal jurisdiction of the provincial and federal courts located in the City of Toronto, Ontario, Canada.
X. What Happens to My Account When I Die?
“Trusted Contact(s)” who have been assigned to your MV account may contact MV in order to request access or take over the account, subject to MV’s formal verification process.
As a general rule, MV deletes accounts after 60 days of non-payment. In the event of death, designated Trusted Contacts have 60 days to contact MV to make arrangements to access the deceased member's vault and decide whether to maintain the subscription or export the vault content to an external storage location.
If there are no assigned Trusted Contacts on your account, MV will not provide your information or vault content to anyone—including next of kin—unless we determine that we are legally compelled to do so by a valid court order.
Y. MV Partner Program
MV works with partner organizations to offer platform benefits to their employees, customers, or members. If an organization sponsors a free account via a unique promo code, MV invoices the organization directly.
If an individual terminates their employment or relationship with the sponsoring organization, the partner will no longer pay for that subscription. MV will notify the user via SMS or email to update their payment method. Failure to update billing will result in account deletion after 3 months of non-compliance.
Z. User Account Deletion Policy
Memory Vault provides users with the ability to delete their account and associated personal data directly within the app.
Option 1: In-App Deletion
- Open the Memory Vault App
- Navigate to Settings
- Select Privacy & Data Management
- Tap Delete My Account
- Confirm your request
Option 2: Email Deletion Request
You may also submit a deletion demand by emailing: support@mymvgateway.com (or support@memoryvault.com) with the subject line "Account Deletion Request" from your registered email address.
Deletion requests are processed within 30 days. Certain limited metadata may be retained where required for regulatory compliance, fraud prevention, or security audit logs.
Terms & Conditions for ID Verification and Proof of Life Services
Applicable to Subscribing Business Entities & Participating Organizations • Powered by Plaid Inc.
1. Service Scope & Delivery
Provider supplies digital Proof of Life and identity verification platform capabilities, APIs, and dashboards, including document capture, biometric facial comparison, liveness detection, and timestamped verification records delivered to the Participating Organization.
2. Participating Organization Responsibilities
The Participating Organization warrants that it holds a valid legal basis and has obtained all legally mandated express consents from End Users to collect, process, and transmit verification data. The Participating Organization must inform users of the collection purpose, processing details, and retention terms.
3. Advisory Nature of Results
Verification results provided by MV and Plaid Inc. are advisory in nature. Provider does not determine legal eligibility, benefit entitlement, or provide compliance certification. The Participating Organization retains sole accountability for its acceptance, onboarding, or rejection decisions.
4. B2B Liability Limitation
To the maximum extent permitted by law, Provider’s aggregate liability to a Participating Organization or its End Users under this Agreement shall not exceed CDN $100 paid in the preceding 12 months.
Exhibit A • Plaid Inc. End Client Flow Down Terms
These terms are mandated by Plaid Inc. and govern all use of Plaid verification services incorporated into the MV platform:
1. Restrictions
End Clients will not, and will not assist any third party to: (1) reverse engineer, decompile, or disassemble Plaid Services; (2) modify or create derivative works; (3) make Plaid services available to unauthorized third parties; (4) sell, license, or time-share the services; (5) publish benchmark performance results; or (6) create substitute services.
FCRA Notice: Plaid is not a “consumer reporting agency” and Plaid-Provided Data is not a “consumer report” under the Fair Credit Reporting Act (FCRA). You may not use Plaid Services or data as part of any consumer report under the FCRA.
2. Information Security & Data Protection
Clients accessing Financial Institution (FI) data must maintain an approved, comprehensive written Information Security Program adhering to industry standards (e.g., SOC 2, NIST 800-53, or ISO 27002). In the event of any Security Breach involving customer data, Plaid must be notified within twelve (12) hours at security@plaid.com.
3. Product Specific Exhibit • IDV & Monitor Services
- Role Designation: When processing Identity Verification (IDV) Data, the Participating Organization or Partner acts as a Controller, MV acts as a Processor, and Plaid Inc. acts as a Subprocessor.
- Autofill Restriction: Neither Partner nor End Client will enable or use the "autofill" functionality of IDV Services if located outside the United States.
- Gramm-Leach-Bliley Act (GLBA): Uses of IDV Services are certified to comply with Section 6802(e) of the GLBA.
Contact & Legal Notices
For questions or formal inquiries regarding these Terms and Conditions, contact:
myMemory Vault Co. Inc.
Corporate Legal Inquiries: info@mymvgateway.com
Technical & Customer Support: support@mymvgateway.com
Address: 45 – 209 Wicksteed Ave., Toronto, Ontario, Canada, M4G 0B1