The website at memorable.one and its subdomains (the "Site"), and the Memorable software platform, applications, messaging services and related services we provide through it (together with the Site, the "Services"), are owned and operated by Memorable Holdings Group LLC – Marketing – Series 2 ("Memorable," "we," "us," or "our"). Certain features are subject to additional policies posted on the Site, including our Privacy Policy, Acceptable Use Policy, Anti-Spam Policy, SMS Terms and Data Processing Addendum, which are incorporated into these Terms by reference.
These Terms of Use ("Terms") govern your use of the Services. By accessing or using the Services, creating an account, or clicking "I agree" (or a similar button or checkbox) when that option is presented to you, you agree to these Terms on behalf of yourself or the business you represent, and you confirm that you have the authority to do so. You must be at least 18 years old to use the Services. If you do not agree to these Terms, please do not use the Services.
1.Accounts
1.1 Creating an account
Some features of the Services require an account. When you register, you agree to provide accurate and complete information and to keep it current. The Services are built for businesses and the professionals who work for them; by creating an account you represent that you are using the Services for business purposes. You can close your account at any time from your settings or by contacting us. We may suspend or terminate your account as described in Section 11.
1.2 Account security
You are responsible for keeping your login credentials confidential and for all activity that occurs under your account, including activity by your team members and anyone you give access to. If you believe your account has been accessed without your authorization, notify us immediately at support@memorable.one. We are not liable for losses resulting from your failure to keep your credentials secure.
2.Access to the Services
2.1 License
Subject to these Terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own internal business purposes during the term of your account or plan.
2.2 Restrictions
You may not: (i) license, sell, rent, lease, transfer, assign, distribute, or commercially exploit the Services except as expressly allowed by a written partner agreement with us; (ii) modify, create derivative works from, disassemble, reverse-compile, or reverse-engineer any part of the Services; (iii) access the Services in order to build a similar or competing product or service; (iv) copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Services except as expressly permitted by these Terms; (v) interfere with or bypass any security, rate limit, or usage control; or (vi) use the Services to send messages or email to anyone who has not consented to receive them. All copyright and proprietary notices must be kept intact on any copies you are permitted to make.
2.3 Changes to the Services
We may modify, suspend, or discontinue the Services (or any part of them) at any time. Where a change materially reduces the core functionality of a paid plan, we will give reasonable advance notice. We are not liable to you or any third party for any such modification, suspension, or discontinuation.
2.4 Support
We provide support through the help resources on the Site and at support@memorable.one. We do not guarantee response times unless a written plan or partner agreement says otherwise.
2.5 Ownership
All intellectual property rights in the Services and their content, including copyrights, patents, trademarks, and trade secrets, belong to Memorable or its suppliers. These Terms do not transfer any ownership rights to you, except for the limited access rights in Section 2.1. All rights not expressly granted are reserved.
2.6 Feedback
If you share feedback or suggestions about the Services with us, you grant us a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free license to use that feedback freely, in any manner and for any purpose, without attribution. Please do not submit feedback that you consider proprietary or confidential.
2.7 Developer API and integrations
If you use our application programming interface, webhooks, or integrations, you are responsible for every request made with your keys, for keeping keys secret, and for anything the connected system does with data we send it. We may apply rate limits and revoke keys that are abused or compromised.
3.Messaging and compliance
3.1 Consent is your responsibility
You may only message people who have given clear, documented consent to receive messages from your business, and only for the purposes they agreed to. You are solely responsible for obtaining and keeping records of that consent, for honoring every opt-out request (such as a STOP reply) immediately, and for the content of every message sent through your account.
3.2 Laws and carrier rules
You will comply with all laws and industry rules that apply to your messaging, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing and privacy laws, the CTIA Messaging Principles and Best Practices, and carrier registration requirements such as 10DLC and toll-free verification. You will give us accurate registration information and keep it current. We may decline or pause messaging until a registration is approved.
3.3 Our policies
Our Acceptable Use Policy, Anti-Spam Policy, and SMS Terms describe what may and may not be sent through the Services and the consent language the Services use. They are part of these Terms. We may suspend sending, remove content, or close accounts that violate them, in some cases without prior notice, to protect the carriers, the platform, and everyone who uses it.
3.4 Carrier charges and fines
Carrier, aggregator, and registration charges that apply to your messaging may be passed through to you at cost. Where we can, we will give you 30 days' notice; where a carrier imposes or changes a charge without notice to us, the charge applies when it applies to us. If a carrier, aggregator, or regulator imposes a fine, penalty, or fee because of messages sent through your account or inaccurate registration information you supplied, that amount is your responsibility.
4.Your data and privacy
4.1 Privacy Policy
Our Privacy Policy describes how we collect, use, and share personal information, including information about you and your team. It is incorporated into these Terms. If these Terms and the Privacy Policy conflict about the collection, use, or processing of personal data, the Privacy Policy controls.
4.2 Customer Data and the Data Processing Addendum
"Customer Data" means the contact lists, phone numbers, email addresses, message content, consent records, and other information you and your team upload to or generate in the Services about your customers. You own your Customer Data. You are solely responsible for its accuracy and legality and for having every notice, consent, and right needed for us to process it on your behalf. We process Customer Data as your service provider, only to provide the Services and as our Data Processing Addendum describes; the Data Processing Addendum forms part of these Terms for every customer whose Customer Data includes personal information. We do not sell Customer Data, and mobile opt-in information collected for text messaging is never shared with third parties for their own marketing.
4.3 Aggregated data
We may create and use data that is aggregated and de-identified so that it does not identify you, your customers, or any individual, to operate, protect, and improve the Services.
4.4 Cookies and tracking
The Site uses cookies and similar technologies, described in the Cookies and Tracking section of our Privacy Policy.
5.Fees, credits and billing
5.1 Plans and credits
Paid features are sold as subscription plans, credit packs, one-time services, or partner activations, at the prices shown in the Services or in your order form. Messaging and email are consumed in credits. Credits are not money, are not redeemable for cash, and expire 12 months after purchase unless your order form says otherwise.
5.2 Automatic renewal
Subscription plans renew automatically at the end of each billing period (monthly or yearly, as you chose) at the then-current price for your plan, and your payment method on file is charged at each renewal, until you cancel. You can cancel at any time from Billing in your account; cancellation takes effect at the end of the current billing period, and you keep access until then. For yearly plans we will send a reminder to your account email before the renewal charge. Trials convert to paid plans only if you choose a plan.
5.3 Payment and taxes
Fees are charged in advance in U.S. dollars through our payment processor. You authorize us to charge your payment method on file for the fees you agree to, including renewals, credit purchases, and any pass-through charges under Section 3.4. Fees do not include sales, use, excise, telecommunications, or similar taxes and government surcharges; where we are required to collect them, they are added to your charge. If a payment fails, we will retry it and notify you, and we may suspend paid features until it succeeds.
5.4 Refunds
Except where the law requires otherwise or these Terms say so, fees, credits, and activations are non-refundable, including for partial billing periods or unused credits. If we discontinue a paid feature you have prepaid for, we will refund the unused prepaid portion.
5.5 Price changes
We may change our prices. Changes to a subscription price take effect at your next renewal after at least 30 days' notice to your account email. Credit packs are priced at the time of purchase.
6.White-label partners
Agencies and consultants who resell the Services under their own brand do so under a separate written partner agreement with us. Where that agreement and these Terms conflict, the partner agreement controls for the partner. A partner's clients use the Services under these Terms, and the partner is responsible for its clients' compliance.
7.Third-party services and other users
7.1 Third-party services
The Services include integrations with, and links to, third-party websites and services such as CRMs, payment processors, automation tools, and video meeting providers (collectively, "Third-Party Services"). We do not control, endorse, or take responsibility for any Third-Party Service. You use Third-Party Services at your own risk, and the applicable third party's own terms and privacy practices apply. We are not liable for the unavailability of a Third-Party Service or for a provider's decision to change, suspend, or discontinue it.
7.2 Other users
Your interactions with other users of the Services, including a partner's clients and their customers, are solely between you and those users. We are not responsible for any loss or harm resulting from those interactions, and we reserve the right, but have no obligation, to get involved in disputes between users.
7.3 Release
To the fullest extent permitted by law, you release Memorable and its owners, officers, employees, agents, successors, and assigns from all claims, demands, and damages of any kind arising out of or related to other users or Third-Party Services. If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party."
8.Indemnification
You agree to defend, indemnify, and hold harmless Memorable and its owners, officers, employees, and agents from any claims, fines, penalties, and reasonable costs or attorneys' fees arising out of (i) your use of the Services, (ii) messages or email sent through your account or Customer Data you provide, (iii) your violation of these Terms, or (iv) your violation of any applicable law, regulation, or carrier rule. We may assume control of the defense of any such claim at your expense, and you agree to cooperate with our defense. You agree not to settle any such claim without our prior written consent. We will make reasonable efforts to notify you promptly of any claim we become aware of.
9.Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MEMORABLE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL CODE, THAT ANY MESSAGE OR EMAIL WILL BE DELIVERED, OR THAT THE SERVICES WILL PRODUCE ANY PARTICULAR RESULT OR REVENUE. DELIVERY DEPENDS ON CARRIERS AND OTHER THIRD PARTIES WE DO NOT CONTROL. WHERE APPLICABLE LAW REQUIRES WARRANTIES, THEY ARE LIMITED TO 90 DAYS FROM YOUR FIRST USE.
10.Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) MEMORABLE AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, COSTS OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICES; AND (B) OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS IS CAPPED AT THE GREATER OF (i) $50 USD AND (ii) THE AMOUNT YOU PAID TO MEMORABLE UNDER THESE TERMS IN THE SIX MONTHS BEFORE THE INCIDENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT INCREASE THIS CAP.
11.Term and termination
These Terms remain in effect while you use the Services. You may stop using the Services and close your account at any time. We may suspend or terminate your access (including suspending sending, or suspending or deleting your account) at any time if we believe you have violated these Terms or our policies, if an amount you owe is more than 30 days overdue, or if your use puts the platform, the carriers, or other users at risk; where we reasonably can, we will give notice first. We are not liable to you for any such termination. After termination, you may export your Customer Data for 30 days, after which we may delete it as our Data Processing Addendum describes. Sections 2.2 through 2.7 and Sections 3, 4, 5 (as to amounts owed), 7 through 10, 14, and 15 survive termination.
12.State-specific notices
The provisions in this Section apply only to users to the extent they are subject to the laws of the states identified below. If a provision in this Section conflicts with another provision of these Terms, the state-specific provision controls for users subject to that state's laws.
12.1 California
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, at 1625 N. Market Blvd. Suite N112, Sacramento, CA 95834, or by phone at (800) 952-5210. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: the provider of the Services is Memorable Holdings Group LLC – Marketing – Series 2, 30 N Gould St Ste N, Sheridan, WY 82801. To file a complaint regarding the Services, or to receive further information regarding their use, send a letter to the above address or contact us at support@memorable.one. California residents may have additional rights under the California Consumer Privacy Act (as amended by the California Privacy Rights Act), including the right to know what personal information we collect, the right to delete it, the right to correct it, and the right to opt out of the sale or sharing of personal information. For details on how to exercise these rights, see our Privacy Policy.
12.2 Colorado, Connecticut, Virginia, and other states with comprehensive privacy laws
Residents of states with comprehensive consumer privacy laws, including Colorado, Connecticut, Virginia, Texas, Oregon, Montana, and Utah, may have rights of access, correction, deletion, and data portability, and the right to opt out of the sale of personal data, targeted advertising, and certain profiling. For details, see our Privacy Policy.
12.3 Nevada
If you are a Nevada resident, you have the right under Nevada Revised Statutes Chapter 603A to direct us not to sell certain information we have collected or will collect about you. We do not sell personal information, but you may exercise this right by contacting us at support@memorable.one.
13.Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email at the address on file or by a prominent notice on the Site at least 30 days before they take effect, except where a change is needed sooner to comply with law or carrier rules. Your continued use of the Services after the effective date of the changes means you accept the updated Terms. If you do not agree, stop using the Services and close your account before the changes take effect.
14.General
14.1 Governing law
These Terms and any dispute arising out of or related to these Terms or the Services are governed by the laws of the State of Wyoming, without regard to its conflict-of-law principles. For any claim or dispute not subject to the arbitration provisions in Section 15, you and Memorable irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Sheridan County, Wyoming. Notwithstanding the foregoing: (a) either party may bring an action in any court of competent jurisdiction for injunctive or other equitable relief to protect its intellectual property rights; and (b) either party may bring an individual action in small claims court for claims within that court's jurisdictional limits.
14.2 Export
You agree not to export, re-export, or transfer any technical data or products acquired from the Services in violation of U.S. export control laws or applicable regulations in other countries.
14.3 Electronic communications
By using the Services, you consent to receiving communications from us electronically, by email or notices posted on the Site or in your account. These electronic communications satisfy any legal requirement for written notice. Notices to us should go to support@memorable.one or the mailing address in Section 12.1.
14.4 Accessibility
Memorable is committed to making the Site accessible to all users, including individuals with disabilities. We endeavor to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If you experience any difficulty accessing or navigating the Site, or have suggestions for improving accessibility, contact us at support@memorable.one. Our Accessibility Statement has more detail.
14.5 Entire agreement; assignment
These Terms, together with the Privacy Policy, the Data Processing Addendum, our posted policies, any order form, and any written partner agreement, are the entire agreement between you and Memorable regarding the Services. If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary to be valid, and the remaining provisions continue in effect. Our failure to enforce any provision is not a waiver of that provision. The word "including" means "including without limitation." You may not assign these Terms without our prior written consent; we may assign them to an affiliate or a successor in a merger, acquisition, or sale of assets. These Terms bind any permitted assignees.
14.6 Force majeure
Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including carrier or internet outages, natural disasters, epidemics, labor disputes, or government action.
14.7 Copyright and trademarks
Copyright © 2026 Memorable Holdings Group LLC – Marketing – Series 2. All rights reserved. All trademarks, logos, and service marks displayed on the Site are owned by Memorable or third parties. You may not use any of them without prior written consent from the owner.
14.8 Contact
Memorable Holdings Group LLC – Marketing – Series 2, 30 N Gould St Ste N, Sheridan, WY 82801, support@memorable.one.
15.Dispute resolution and arbitration
Please read this Section carefully. It affects your legal rights, including your right to sue in court and your right to a jury trial.
15.1 Applicability
Except as described below, you and Memorable agree to resolve all disputes arising out of or relating to the Services or these Terms through binding individual arbitration, not in court. Exceptions include: (i) claims that qualify for small claims court, brought on an individual basis; and (ii) requests for equitable relief related to intellectual property (such as trademarks, trade secrets, or copyrights). This arbitration agreement applies to all claims, including those that arose before you agreed to these Terms.
15.2 Try to resolve it first
Before starting arbitration, the parties agree to try to resolve the dispute informally. The party raising the dispute must send written notice (an "Informal Notice") to the other party. Within 45 days of receiving that Informal Notice, the parties will meet by phone or video in good faith to try to work things out. Memorable's notice address is support@memorable.one, or Memorable Holdings Group LLC – Marketing – Series 2, 30 N Gould St Ste N, Sheridan, WY 82801. If the informal process does not resolve the dispute within 60 days, either party may start arbitration.
15.3 Arbitration rules
Arbitrations will be administered by JAMS (www.jamsadr.com). Claims under $250,000 (excluding fees and interest) will use JAMS' Streamlined Arbitration Rules; larger claims will use JAMS' Comprehensive Arbitration Rules. Unless the parties agree otherwise, arbitration will be conducted in the county where you live or do business, or by video. All arbitration materials and documents are confidential. The arbitration request must include: (i) your contact information and account email; (ii) a description of the claims and supporting facts; (iii) the relief you are seeking and a good-faith damages estimate; (iv) confirmation that you completed the informal resolution process; and (v) proof of any required filing fee payment.
15.4 Authority of the arbitrator
The arbitrator has authority to resolve all arbitrable disputes, including questions about the scope and enforceability of this arbitration agreement, except that courts (not arbitrators) will decide: (i) challenges to the class action waiver below; (ii) disputes about arbitration fees; (iii) whether a condition precedent to arbitration has been satisfied; and (iv) which version of this agreement applies. The arbitrator may award the same relief as a court, but on an individual basis only. The arbitrator's award is final and binding, and judgment may be entered in any court with jurisdiction.
15.5 Waiver of jury trial
BY AGREEING TO ARBITRATION, YOU AND MEMORABLE WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL COVERED CLAIMS.
15.6 Waiver of class actions
ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NEITHER YOU NOR MEMORABLE MAY BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
The arbitrator may only award relief on an individual basis. If a court finds this class action waiver unenforceable as to a specific claim, that claim may be litigated in state or federal court in Sheridan County, Wyoming; all other claims remain subject to arbitration.
15.7 Attorneys' fees
Each party bears its own attorneys' fees unless the arbitrator finds a claim was frivolous or brought for an improper purpose.
15.8 Batch arbitration
If 100 or more substantially similar arbitration demands are filed against Memorable within a 30-day period by the same law firm or coordinated group, JAMS will batch them into groups of 100 and appoint one arbitrator per batch, with one set of fees per batch.
15.9 Opt-out
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to Memorable Holdings Group LLC – Marketing – Series 2, 30 N Gould St Ste N, Sheridan, WY 82801, or to support@memorable.one with the subject line "Arbitration opt-out." Your notice must include your name, your business name, your account email, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms.
15.10 Severability
If any part of this arbitration agreement is found invalid, it will be modified to the minimum extent necessary to make it enforceable; the rest of the agreement remains in effect.