Terms of Service

Effective Date: May 1, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Memorycard LLC, a Texas limited liability company ("Memorycard," "we," "us," or "our"). By accessing or using the Memorycard application, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms. Your acceptance is recorded when you check the Terms of Service checkbox during onboarding, along with the version of the Terms you accepted and the date of acceptance.

If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility and Age Requirements

The Service is intended for users who are at least 13 years of age. During onboarding, you will be asked to provide your birth month and year so we can verify your eligibility. We do not store your date of birth. Only an age bracket designation ("minor" or "adult") is retained.

If you are under 13: You may not use the Service. If our age verification determines you are under 13, your account will be immediately and automatically deleted in compliance with the Children's Online Privacy Protection Act (COPPA).

If you are between 13 and 17: You may use the Service, but your profile will be set to private by default and cannot be changed to public. Your age bracket is set permanently at the time of account creation and cannot be changed. You represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

Age verification is based on self-attestation. We reserve the right to terminate accounts if we have reason to believe a user has misrepresented their age.

3. Description of Service

Memorycard is a social videogame tracking platform that allows users to log, review, rate, and discuss videogames. The Service is available on iOS, Android, and the web. Game catalog data is sourced from the IGDB database.

4. Account Registration

To use the Service, you must create an account. You may register using an email address and password, or through third-party authentication providers including Apple, Google, and Discord.

Email registration requires a valid email address and a password of at least 8 characters. You must verify your email address via a 6-digit one-time code before your account is activated.

Third-party sign-in (Apple, Google, Discord) will provide us with your email address and, in some cases, your name for profile pre-fill. We do not import profile photos, friend lists, or other data from these providers.

During onboarding, you must also provide a username (3 to 20 characters, lowercase letters, numbers, and underscores only) and a display name. You may optionally upload a profile picture.

You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Keep your login credentials confidential and not share them with any third party.
• Notify us immediately of any unauthorized access to or use of your account.

You are solely responsible for all activity that occurs under your account, whether or not authorized by you.

5. User Content

5.1 Content Types

The Service allows you to create and share the following types of content (collectively, "User Content"):

• Profile information: display name, bio (up to 160 characters), pronouns, and profile picture (up to 5 MB; JPEG, PNG, WebP, or GIF)
• Library entries: games you are playing, want to play, or have played, along with optional play time and status tracking
• Thoughts (reviews): written reviews of up to 5,000 characters, with optional spoiler tags
• Ratings: numeric scores from 0.5 to 5.0 per game
• Lists: curated game lists with a title (up to 100 characters), description (up to 500 characters), and up to 250 games per list (maximum 20 lists per user)
• Comments: responses to thoughts or lists (up to 1,000 characters each, limited to 5 comments per target per 24-hour period)
• Hearts (likes): on thoughts, lists, and comments
• Favorite games: up to 4 pinned games on your profile
• Play sessions: logged play history

You retain ownership of your User Content.

5.2 License Grant

By posting User Content on the Service, you grant Memorycard a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your User Content in connection with operating and providing the Service. This license exists only for as long as your User Content remains on the Service and terminates when you delete your User Content or your account.

5.3 Content Visibility

• User profiles are private by default. You may change your profile to public (unless you are a minor, in which case your profile remains private). Approved followers can view a private profile's content.
• Lists are public by default but can be set to private.
• Thoughts, library entries, activities, favorites, and play sessions inherit your profile's visibility setting.
• Comments and hearts are visible if the parent content is visible.
• Thought drafts, notifications, blocks, reports, and feedback are private and visible only to you (and to administrators where applicable).

You may also choose to hide your library from non-followers or hide your profile from search results.

5.4 Content Standards and Moderation

You agree that your User Content will not:

• Violate any applicable law, regulation, or third-party right.
• Contain material that is defamatory, obscene, harassing, threatening, hateful, or discriminatory.
• Contain slurs, threats of violence, or terms associated with child sexual abuse material.
• Impersonate any person or entity or misrepresent your affiliation with a person or entity.
• Contain unsolicited advertising, spam, or promotional material.
• Contain viruses, malware, or any other harmful code.
• Infringe upon the intellectual property rights of any third party.

We enforce content standards through a two-layer moderation system:

• Automated moderation: Content including usernames, display names, bios, reviews, list titles, list descriptions, and comments is screened at the time of submission. Content containing prohibited terms is automatically rejected. Content containing terms that require contextual review is flagged for manual review.
• Manual review: Flagged content is placed in a moderation queue for administrator review.

We reserve the right to remove any User Content at our sole discretion, for any reason, including but not limited to violations of these Terms or conduct we deem harmful to the Service or its users.

6. Social Features

The Service includes the following social features:

• Following: You may follow other users. Follow requests to private profiles require approval.
• Blocking: You may block other users. Blocking is bidirectional. Blocked users cannot see your content or interact with you, and existing follows in both directions are automatically removed.
• Reporting: You may report users, thoughts, lists, or comments for spam, harassment, inappropriate content, impersonation, or other reasons.
• No direct messaging: The Service does not include private or direct messaging between users.

7. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms.
• Misrepresent your age during onboarding.
• Attempt to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service.
• Use automated means (bots, scrapers, crawlers) to access the Service without our prior written consent.
• Circumvent rate limits or other technical restrictions.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Harass, bully, stalk, intimidate, or threaten any other user.
• Create multiple accounts for deceptive or abusive purposes.
• Reverse engineer, decompile, or disassemble any portion of the Service.
• Attempt to modify your age bracket after it has been set.

8. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Memorycard LLC and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Videogame titles, cover art, logos, and other related intellectual property displayed on the Service are sourced from the IGDB database and belong to their respective owners. Memorycard does not claim ownership of any third-party intellectual property.

9. Copyright Infringement and DMCA Policy

Memorycard respects the intellectual property rights of others and expects its users to do the same. We comply with the Digital Millennium Copyright Act (DMCA) and will respond to valid notices of alleged copyright infringement.

9.1 Filing a DMCA Takedown Notice

If you believe that content on the Service infringes your copyright, you may submit a written notice to our designated DMCA agent containing:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing, including its location on the Service (e.g., URL or screenshot) with enough detail for us to locate it.
• Your contact information, including name, address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

9.2 Counter-Notification

If you believe your content was removed or disabled by mistake or misidentification, you may submit a written counter-notification to our DMCA agent containing:

• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal courts in Travis County, Texas, and that you will accept service of process from the person who provided the original DMCA notice or their agent.

9.3 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat copyright infringers at our sole discretion.

9.4 DMCA Agent

DMCA notices and counter-notifications should be sent to:

10. Third-Party Services

The Service integrates with third-party services for authentication, hosting, analytics, error monitoring, and game catalog data. Your use of third-party authentication providers (Apple, Google, Discord) may be subject to their own terms and privacy policies. We are not responsible for the practices of any third-party service providers. For a complete list of third-party services and the data shared with each, see our Privacy Policy.

11. Account Termination and Deletion

11.1 Termination by Memorycard

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease.

11.2 Account Deletion by You

You may permanently delete your account at any time through the account settings. Deletion requires you to type your username to confirm. Account deletion is immediate and irreversible. There is no grace period, deactivation state, or undo option.

Upon deletion:

• Your account and all associated data are permanently and irreversibly deleted from our systems via cascading hard deletion.
• This includes your profile, library entries, ratings, thoughts, lists, comments, hearts, follows, favorites, play sessions, notifications, drafts, and feedback.
• Comments you made on other users' content will no longer be visible.

11.3 Survival

The following sections survive termination of these Terms: Sections 5.2 (License Grant, to the extent content was shared prior to deletion), 8 (Intellectual Property), 9 (DMCA Policy), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 16 (Dispute Resolution and Arbitration), and 17 (Governing Law).

12. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Memorycard does not warrant that the Service will function uninterrupted, secure, or error-free, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEMORYCARD LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL MEMORYCARD'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100.00).

14. Indemnification

You agree to indemnify, defend, and hold harmless Memorycard LLC, its officers, directors, members, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Service and updating the effective date and version number. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms. We track which version of the Terms each user has accepted.

16. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

16.1 Informal Resolution

Before initiating any formal dispute proceeding, you and Memorycard agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") informally. The party raising the Dispute must send a written description of the Dispute, along with the relief sought, to the other party. For Disputes you raise, send your notice to contact@memorycard.gg. We will send any notice to the email address associated with your account. Both parties agree to negotiate in good faith for at least thirty (30) days from the date the notice is received. If the Dispute is not resolved within that period, either party may proceed as described below.

16.2 Binding Arbitration

If a Dispute is not resolved through informal negotiation, you and Memorycard agree that it will be resolved through binding individual arbitration and not in court, except for Disputes that qualify for small claims court. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. The arbitration will be conducted by a single arbitrator, in the English language, and will take place in Travis County, Texas, or, at your election, remotely via videoconference or telephone.

The arbitrator will have exclusive authority to resolve all Disputes, including the scope, enforceability, and arbitrability of this Section 16. The arbitrator may award the same relief that a court could, including declaratory or injunctive relief, but only to the extent required to satisfy the individual claim.

Payment of fees: If your claim is for $10,000 or less, Memorycard will reimburse your filing fee and pay all arbitration fees unless the arbitrator finds the claim frivolous. For claims above $10,000, filing and arbitration fees will be allocated according to AAA rules.

Exceptions to arbitration: Either party may bring a claim in small claims court in Travis County, Texas (or the county where you reside) if the claim qualifies. Either party may also seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.

16.3 Class Action and Jury Trial Waiver

YOU AND MEMORYCARD AGREE THAT EACH MAY BRING DISPUTES ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Memorycard agree otherwise in writing, the arbitrator may not consolidate or join more than one person's claims and may not preside over any form of a class, consolidated, or representative proceeding.

YOU AND MEMORYCARD EACH WAIVE THE RIGHT TO A JURY TRIAL.

If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision (other than the jury trial waiver) shall be null and void, and the Dispute shall be decided by a court.

16.4 Opt-Out Right

You may opt out of this arbitration provision by sending written notice to contact@memorycard.gg within thirty (30) days of first accepting these Terms. Your notice must include your name, username, email address associated with your account, and a clear statement that you wish to opt out of this arbitration provision. If you opt out, you and Memorycard may each pursue Disputes in court, subject to Section 17 (Governing Law). Opting out will not affect any other provision of these Terms.

16.5 Changes to This Section

If Memorycard makes a material change to this Section 16, you may reject the change by sending written notice to contact@memorycard.gg within thirty (30) days of the change. If you reject a material change, you will be bound by the version of this Section 16 that was in effect immediately prior to the change.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, any legal action or proceeding shall be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of such courts.

18. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Memorycard with respect to the Service and supersede all prior agreements.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.

Notices. We may provide notices to you via the email address associated with your account or through in-app notifications. You may contact us as described in Section 19.

19. Contact Information

If you have any questions about these Terms, please contact us at: