Terms of use

These terms are the agreement between you and us when you use Wamemba me. We have tried to make them as clear as the rest of the app. Each section starts with a short version. The full text below it is what counts.

Where we are today. Wamemba me is in early testing and is not on sale yet. Parts of these terms describe things that are coming: subscriptions, free trials, gifts and sharing. They apply only once each one is live in the app. We will show you any change to these terms before it applies to you.

The short version

In short: Your sayings are yours. You pay through Apple or Google, you can cancel at any time, and you keep every saying even if you stop paying.

• Your family's words belong to your family. We only look after them for you.
• You pay through the App Store or Google Play. They take the payment, and you cancel there. (Coming.)
• Stop paying and you keep everything. You can still read and export every saying. You just can't add new ones or make new cards.
• No ads. No AI training on your family's words. Real voices only.
• Be kind with what you share. Share only what is yours to share.
• If we ever close Wamemba me, we will give you at least 60 days' notice and a way to take every saying with you.
• Your legal rights stay yours. Nothing here takes away rights the law gives you as a consumer.

1. Who we are, and these terms

In short: Wamemba me is made by The Doxa Way Ltd in the UK. These terms, our privacy policy and the store's rules together make up our agreement.

Wamemba me is provided by The Doxa Way Ltd, a company registered in England and Wales (company number 16744139), at 108 Kings Road, New Haw, Addlestone, KT15 3BH, United Kingdom ("we", "us"). You can reach us at hello@wamemba.me.

Our agreement with you is made up of:

1. these terms;
2. our privacy policy, which explains how we use personal data; and
3. the terms of the store you got the app from (the Apple Media Services Terms, or the Google Play Terms of Service), which cover buying and downloading.

If you don't agree to these terms, please don't use Wamemba me. You can delete the app and ask us to delete your data at any time.

2. Who can use Wamemba me

In short: Grown-ups, for the children in their lives. Not children themselves.

• You must be 18 or over.
• Wamemba me is for keeping the sayings of children you are a parent or guardian of, or that you care for with the agreement of their parent or guardian (for example, as a grandparent or a childminder).
• Wamemba me is not for children to use. Please don't let a child set it up, make an account, or buy anything in it.

3. Your account

In short: The app makes a private account for you. Back it up, or a lost phone can mean lost sayings.

When you first open the app, it makes a private account for you, without a name or a password. Your sayings sync to it from the first one.

Until you back it up, by linking Sign in with Apple, Google (coming) or an email address, the only key to your account is on your phone. If you don't back it up and you lose or reset your phone, we may not be able to give your sayings back to you. Coming: if you subscribed, Restore Purchases in the app will bring your sayings back to a new phone, as long as it uses the same Apple or Google account that paid.

Please keep your phone and your sign-in secure. Tell us at once if you think someone else is using your account.

Unused accounts (coming). If an account never started a free trial or a subscription, we will delete it, with its sayings, 90 days after the app was last opened. If you allow notifications, we will remind you 7 days before. Opening the app keeps it. This doesn't apply to anyone who has ever started a trial or paid. This clean-up is not switched on yet.

4. Your sayings are yours

In short: You own what you save. You let us store it and show it to the people you choose, and nothing more.

Everything you add to Wamemba me (sayings, names, notes, what a word meant, and, when they arrive, voice clips) is your content. You keep every right you have in it. We don't own it, and we never will.

To run Wamemba me, you give us permission to store your content, copy it between your phone and our database, change its format (for example, to make a card), and show it to you and to the people you choose to share it with. This permission is only for running Wamemba me for you. It is free of charge, it covers the world (because your family may be spread across it), and it ends when you delete the content or your account, except for:

• copies in our backups, which are deleted within 7 days;
• cards or links you already sent to other people, which stay where you put them.

We never use your content for advertising, sell it, use it to train AI, or use it in our marketing. If we ever wanted to feature a saying, we would ask you first, for that saying, and you could say no.

5. What you share, and with whom

In short: Share only what is yours to share, and think of the child.

You are responsible for what you add and share. Please:

• share only sayings and clips of children you look after, and only in ways their parents would be happy with;
• use first names and roles ("Dad", "the bus driver") for other people, not full names;
• don't add anything unlawful, hateful, or that could put a child or anyone else at risk;
• don't use Wamemba me to bully, harass or embarrass anyone, including the child whose words they are. One day they'll be old enough to read it.

Shared links and cards (coming). A card or link shows only a first name and age, never a surname or birthday. Anyone who has a link can see that saying, so send it only to people you trust. You can switch a link off at any time. A card picture you've sent is like a photo: we can't take it back from wherever it went.

Family members (coming). If you invite a partner, they get full access to your family's sayings. Grandparents and others you invite as viewers can read the sayings you've shared with them. Only invite people you'd hand the shoebox to.

If we find content that breaks this section, we may remove it, and we may suspend an account that keeps breaking it. Unless the law or a child's safety stops us, we will tell you first and give you a chance to explain.

6. Real voices only

In short: A voice in Wamemba me is always the real person. We will never make an AI copy.

Wamemba me keeps real voices only. We will never use a voice clip to make a synthetic or "cloned" voice, and you must not use Wamemba me to store or share a voice made that way. Record a clip only of a child you look after, and only with their parent's agreement.

7. Subscriptions (coming)

In short: Monthly or yearly, paid through the store, renews until you cancel, and you cancel in the store.

Coming, not on sale yet. When subscriptions start:

• Plans and prices are shown in the app and in the store before you pay. Prices include any tax the store charges where you live.
• Who you pay. You buy your subscription from Apple (App Store) or Google (Google Play), not from us. They take the payment and send you the receipt, and their terms apply to the payment.
• Renewal. Your subscription renews automatically at the end of each month or year, at the price you agreed to, until you cancel. The store charges you within the 24 hours before the renewal date.
• Cancelling. Cancel at any time in your App Store or Google Play subscription settings. Deleting the app does not cancel it. When you cancel, you keep your plan until the end of the period you've paid for, and it doesn't renew.
• Price changes. If we change the price, the store tells you first, in the way its rules require, and you can cancel before the new price applies.
• Your family is included. One plan covers two parents and any grandparents you invite as viewers.

7.1 Free trials

Some people are offered a 7-day free trial. Not every plan or person gets one. If you get one:

• you get everything, free, for 7 days;
• on day 5 we send you a reminder (if you allow notifications);
• if you don't cancel in your store settings before the trial ends, your plan starts and the store charges you.

You can use a free trial only once.

7.2 Refunds and your right to cancel

Refunds are handled by the store, under its rules. Apple and Google decide refunds for purchases made through them, and we can't issue them ourselves. That is why we offer the free trial: so you can try Wamemba me first.

If you are in the UK or the EU, you may have a legal right to cancel a purchase of digital content or a service within 14 days. The store's terms explain how this works for purchases made through it. Nothing in these terms takes this right away.

7.3 When a subscription ends, you keep everything

Your memories stay yours. If your subscription ends for any reason, or a free trial ends without a plan starting:

• you can still open the app and read every saying;
• you can still export every saying (coming: in the app; today, by email to us);
• you can't add new sayings, or make new cards or videos, until you subscribe again.

We won't delete an account because a subscription has ended. It stays until you delete it.

8. Gifts (coming)

In short: Someone can pay for a year of Wamemba me for your family. Paying doesn't let them see your sayings.

Coming, not on sale yet. A grandparent or anyone else will be able to buy a year of Wamemba me as a gift for a family. When gifts start:

• the gift covers the plan and the period shown when it is bought;
• the person who pays gets a receipt. Paying gives them no access to the family's sayings. A family can invite them as a viewer, if it wants to;
• the family owns its sayings, as in section 4, whoever paid.

We will add the full rules for gifts here (how a gift is sent and redeemed, what happens at the end of the year, and refunds) before gifts go on sale.

9. Our promises to you

In short: No ads. No training on your family's words. Export any time. These are part of our agreement with you.

As part of these terms, we promise:

• no ads, in the app or on cards;
• no training of AI on your family's sayings, names or voices;
• real voices only, never AI copies;
• export at any time, whether or not you are paying;
• first names only on cards and shared pages;
• to transcribe on your phone when you dictate, never on a server.

You can read them in full on our promises page.

10. Looking after the app

In short: We work hard to keep it running and your sayings safe, but no app is perfect. Back up, and keep your own exports.

We will provide Wamemba me with reasonable care and skill, and we will keep improving it. We can't promise it will always be available or free of faults. We may change or remove features, but we will not take away your ability to read and export your sayings.

Wamemba me keeps everything on our servers and on your phone. We test our backups, but we recommend you back up your account (section 3) and, when export arrives, keep your own copy now and then.

If we ever close Wamemba me, we will tell you at least 60 days before, and keep export open for all of that time, so you can take every saying with you.

11. Ending the agreement

In short: You can leave at any time. We'll only make you leave if you've seriously broken these terms.

You can stop using Wamemba me at any time. To end the agreement fully, cancel any subscription in your store settings and ask us to delete your account (coming: in the app; today, email us).

We may suspend or close your account if you seriously or repeatedly break these terms, or if the law requires us to. Unless the law or someone's safety stops us, we will tell you why first, give you a chance to put it right, and give you a way to export your sayings.

12. If something goes wrong

In short: We take responsibility for what we cause. We don't take responsibility for what we couldn't foresee, or for what isn't ours to control.

This section doesn't limit your legal rights. If you are a consumer in the UK, you have legal rights in relation to digital content and services that are not as described, faulty, or not provided with reasonable care and skill. Advice about your legal rights is available from Citizens Advice. Nothing in these terms affects those rights.

We are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms or failing to use reasonable care and skill. Loss is foreseeable if it was obvious it would happen, or if we both knew it might happen when you started using Wamemba me.

We are not responsible for:

• loss we could not have foreseen;
• loss caused by things outside our reasonable control (for example, a failure of the internet or of Apple's or Google's systems);
• loss caused by you, for example by not backing up your account, or by sharing a link with someone you didn't mean to;
• business losses: Wamemba me is for personal family use only.

We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud, and for breaking your legal rights as a consumer.

If digital content we supply damages your device or other digital content, and this is because we did not use reasonable care and skill, we will repair the damage or pay you fair compensation.

13. Apple and Google

In short: Our agreement is with you, not with Apple or Google. Apple can still enforce this section.

If you got Wamemba me from the App Store:

• these terms are between you and us, not Apple. We, not Apple, are responsible for Wamemba me and its content;
• you may use Wamemba me on Apple devices you own or control, as the App Store's Usage Rules allow;
• Apple has no duty to give support or maintenance for Wamemba me;
• if Wamemba me fails to meet a warranty that applies to it, you can tell Apple, and Apple may refund the price you paid for the app (if any). To the extent the law allows, Apple has no other warranty duty for Wamemba me;
• Apple is not responsible for any claim by you or anyone else about Wamemba me, including product liability claims, claims that it fails to meet a legal or regulatory requirement, and consumer protection or privacy claims;
• if someone claims that Wamemba me infringes their intellectual property rights, we, not Apple, will deal with it;
• you confirm that you are not in a country that is under a US government embargo, or listed as a "terrorist supporting" country, and that you are not on a US government list of prohibited or restricted parties;
• Apple and its subsidiaries are third-party beneficiaries of these terms, and can enforce them against you once you accept them.

If you got Wamemba me from Google Play, these terms are between you and us, and Google's terms cover your purchase.

14. Changes to these terms

In short: We'll show you what changed, and tell you in advance if it matters.

We may update these terms, for example when we add a feature or the law changes. If a change matters to you, we will tell you in the app or by email at least 30 days before it applies, unless the law or safety needs it to be sooner. If you don't agree, you can cancel and keep your export. Every version, and a line-by-line comparison, is public at insight.wamemba.me.

15. The law and disputes

In short: English law, but you keep the protections of where you live. Talk to us first.

If you have a problem, please email hello@wamemba.me first. We'll try to put it right.

These terms are governed by the law of England and Wales. You can bring a claim in the courts of England and Wales. If you live in Scotland or Northern Ireland, you can also bring a claim in your own courts. If you live elsewhere, you keep any protection the law of your country gives you that can't be changed by agreement, and you can bring a claim where the law of your country allows.

16. The small print

In short: The usual bits, kept short.

• If a court finds part of these terms can't be enforced, the rest still applies.
• If we don't enforce a term straight away, we can still enforce it later.
• We may transfer our agreement to another company, for example if Wamemba me is sold. If we do, we will tell you, your rights won't be reduced, and your sayings stay yours. If you're unhappy, you can leave and take your export with you.
• Nobody else can enforce these terms except you, us, and (for section 13) Apple.

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