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Memsy Terms of Service

Last Updated: July 12, 2026

Welcome to Memsy! These Terms of Service ("Terms") govern your access to and use of the Memsy mobile application, web application, platform, and related Software-as-a-Service (SaaS) features (collectively, the "Service").

The Service is owned and operated by Memsy, a company registered under the laws of the Republic of Kenya. By creating an account, accessing, or using Memsy, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Eligibility and Account Creation

  • Age Requirement: You must be at least 16 years old to use Memsy. By creating an account, you represent and warrant that you meet this age requirement. If you are under 18 years of age, you acknowledge that you are using the Service with the consent of your parent or legal guardian.

  • Account Security: You are entirely responsible for maintaining the confidentiality and security of your login credentials. You agree to notify us immediately of any unauthorized access to or use of your account.

  • Accurate Information: You agree to provide and maintain accurate, current, and complete registration information at all times.

2. The Mutual Licensing Model (SaaS & User Content)

A. Our License to You (Right to Access the SaaS)

Subject to your ongoing compliance with these Terms and the timely payment of any applicable subscription fees, Memsy grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use our SaaS platform via a web browser or authorized mobile application. This license is granted strictly for your personal or internal business purposes and automatically terminates if your subscription ends or your account is cancelled.

B. Your License to Us (Right to Host Your Data)

  • Ownership: "User Content" refers to any text, data, files, information, images, or other media you upload, store, or process within Memsy. You retain full ownership, copyright, and all intellectual property rights to your User Content.

  • Limited License Grant: To operate a cloud-based SaaS platform, Memsy must host, back up, transmit, and display your data. Therefore, you grant Memsy a worldwide, non-exclusive, royalty-free, fully paid-up license to host, store, transmit, modify, reformat, and display your User Content solely for the purpose of delivering, operating, maintaining, securing, and improving the SaaS platform features for you. Memsy does not acquire any ownership rights to your data, nor do we sell your data to third parties.

3. Acceptable Use and Restrictions

You agree not to, and will not permit any third party to:

  • Use Memsy to violate the laws of the Republic of Kenya or any applicable international regulations.

  • Upload, share, or process content that is illegal, defamatory, harmful, fraudulent, or infringes upon another person's privacy or intellectual property rights.

  • Reverse engineer, decompile, disassemble, or attempt to extract the source code or underlying architecture of the Memsy platform.

  • Deploy automated systems (including scrapers, bots, spiders, or crawlers) that disrupt, stress, or compromise the performance, stability, and availability of our cloud servers.

4. Subscriptions, Fees, and Payments

  • Billing Tiers: Memsy offers its SaaS features via recurring subscription tiers. Fees are payable in advance on a monthly or annual billing cycle as selected during checkout.

  • Local Taxes: All listed fees are exclusive of statutory taxes, including Value Added Tax (VAT) or Digital Service Tax (DST), which will be calculated and appended at the point of payment where required under Kenyan tax laws.

  • Renewals and Cancellation: Subscriptions automatically renew at the end of each billing period unless you cancel your plan through your Memsy account dashboard or respective app store settings prior to the renewal date.

5. Privacy and Data Protection

  • Compliance: Memsy processes all personal data and User Content in strict compliance with the Kenya Data Protection Act, 2019.

  • Teen Data Safeguards: Because Memsy allows users aged 16 and older, we deploy heightened data security measures to safeguard the privacy of teenage users. Please read our comprehensive Privacy Policy to understand how your data is collected, minimized, encrypted, and securely processed.

6. Disclaimers and Limitation of Liability

  • "As Is" Service: Memsy is provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, express or implied, regarding uninterrupted server uptime, complete data permanence, or freedom from occasional software bugs. You are encouraged to maintain independent backups of critical data.

  • Limitation of Liability: To the maximum extent permitted by the laws of Kenya, Memsy, its directors, and employees shall not be liable for any indirect, incidental, special, or consequential damages, or any loss of profits, revenue, or data arising out of your use of, or inability to use, the SaaS platform.

7. Governing Law and Dispute Resolution (Arbitration)

  • Governing Law: These Terms, and any dispute or claim arising out of or in connection with them, shall be governed by, and construed exclusively in accordance with, the laws of the Republic of Kenya.

  • Amicable Settlement: In the event of any dispute, misunderstanding, or breach arising from these Terms, the parties shall first attempt to resolve the issue amicably through good-faith direct negotiations within thirty (30) days.

  • Arbitration: If direct negotiations fail, the dispute shall be referred to and finally resolved by binding arbitration in Nairobi, Kenya. The arbitration shall be conducted in accordance with the Kenyan Arbitration Act, 1995 (as amended) by a single arbitrator mutually agreed upon by the parties. If the parties fail to agree on an arbitrator within fourteen (14) days, the arbitrator shall be appointed by the Chairman of the Chartered Institute of Arbitrators (Kenya Branch). The language of the arbitration proceedings shall be English.

8. Changes to These Terms

We reserve the right to modify or update these Terms at any time to reflect updates to our software functionalities or shifting legal landscapes. If a change is material, we will provide you with at least fourteen (14) days' notice via an in-app alert or email notification. Your continued use of Memsy after the new terms take effect constitutes your binding acceptance of the revised Terms.

9. Contact Us

If you have any questions, legal notices, or feedback regarding these Terms, please reach out to us at:

  • Email: memsysolutions@gmail.com

  • Official Website: www.memsy.ent