Terms of Service & Privacy Policy

Last Updated: December 2025  |  Effective Date: December 2025

1. About This Agreement

1.1 Who We Are

MemoryCherish LLC ("MemoryCherish," "we," "us," or "our") is a photo restoration service registered in the State of Wyoming, United States. Our registered address is 30 N Gould St, Sheridan, WY 82801.

1.2 What This Agreement Covers

These Terms of Service govern your use of the MemoryCherish website (memorycherish.com) and all related services, including photo restoration, enhancement, colorization, and print services. By accessing our website or placing an order, you ("you," "your," or "Customer") agree to be bound by these terms.

1.3 Your Acceptance

When you place an order with MemoryCherish, you confirm that:

• You are at least 18 years old (or have parental consent if 13-17)
• You have the legal authority to enter into this agreement
• You have read and understood these terms, including the limitation of liability provisions
• You voluntarily agree to be bound by these terms

1.4 Changes to These Terms

We may update these terms from time to time. Material changes (especially to liability, arbitration, or dispute resolution sections) will be communicated via email to active customers at least 30 days before taking effect. Changes do not apply retroactively to orders already placed. The "Last Updated" date at the top indicates when these terms were last revised.

2. Our Services

2.1 What We Offer

MemoryCherish provides professional photo restoration services, including:

• Digital restoration and repair of damaged photographs
• Photo enhancement and colorization
• Physical print production and delivery
• Additional services as described on our website

2.2 Service Quality Guarantee

We stand behind our work with a 100% satisfaction guarantee. If we cannot restore your photo to your satisfaction after exhausting our revision options, you will receive a full refund of your service fees.

2.3 Revisions

Your order includes one (1) free revision for minor adjustments. Additional revisions are available at $20 per revision. If you purchased our unlimited revisions package, fair use applies (up to 5 revisions). We will never charge revision fees for errors that are our fault.

2.4 Processing Times

• Standard processing: As indicated at checkout (typically 5-10 business days)
• Priority processing (24-48 hours): Available for additional fee; applies to digital delivery only
• Physical prints: Allow 4-10 additional business days for shipping after digital approval

Note: Weekends and holidays are not business days. Unexpected volume or complexity may extend timelines; we'll notify you promptly if this occurs.

3. Your Photos & Materials

3.1 The Bailment Relationship

When you send physical photographs or other materials ("Materials") to MemoryCherish for restoration, a legal relationship called a "bailment" is created. This means we are temporarily holding your property to perform a service. We accept this responsibility seriously and commit to exercising reasonable care in handling your Materials.

3.2 Our Care Standards

We promise to:

• Handle your Materials with the care a reasonably prudent professional would exercise
• Store your Materials securely while in our possession
• Process your Materials using professional equipment and techniques
• Return your Materials via tracked, reputable shipping carriers
• Maintain appropriate business insurance coverage

3.3 What We Cannot Guarantee

Despite our best efforts, we cannot guarantee:

• That your Materials will be returned in the exact same condition (handling and scanning may cause minor wear)
• That Materials will not be lost or damaged by shipping carriers
• Protection against events beyond our reasonable control (see Force Majeure, Section 11.4)
• That any specific restoration result is achievable (some damage may be too severe)

3.4 Your Responsibilities

Before sending your Materials, you should:

• Create digital backups: Photograph or scan all Materials with your phone or scanner before mailing. This is your best protection against loss.
• Use appropriate packaging: Pack Materials carefully in rigid mailers with protective sleeves
• Use trackable shipping: We strongly recommend insured, trackable shipping with signature confirmation
• Keep records: Retain shipping receipts, tracking numbers, and an inventory of what you sent
• Consider declared value: If your Materials are particularly valuable, consider our Protection Options (Section 5.4)

3.5 Acknowledgment of Risk

By placing an order and sending Materials to MemoryCherish, you acknowledge and agree that:

• There are inherent risks in mailing physical items, including loss or damage during transit
• Your Materials may be unique, irreplaceable, or of significant personal and sentimental value
• No amount of monetary compensation can fully replace lost family photographs or their emotional significance
• You voluntarily assume these risks and accept the limitations described in Section 5
• You have had the opportunity to create backup copies before shipping

4. Shipping & Handling

4.1 Shipping Your Materials to Us

You are responsible for shipping your Materials to us. Risk of loss or damage during inbound shipping remains with you until we physically receive and sign for your package at our facility. We recommend:

• USPS Priority Mail with tracking and insurance
• FedEx or UPS with declared value coverage
• Signature confirmation for valuable items

We are not responsible for packages lost, damaged, or delayed by the postal service or any shipping carrier before they reach us.

4.2 While in Our Possession

Once we receive your Materials and confirm receipt, they are in our care. Our liability during this period is governed by Section 5 (Limitation of Liability). We maintain appropriate security measures and business insurance to protect customer materials.

4.3 Return Shipping

Risk of loss passes back to you when we deliver your Materials to the return shipping carrier. We will:

• Use reputable carriers (USPS, FedEx, or UPS) for all returns
• Provide tracking information for every return shipment, except for photo scanning returns which are not tracked.
• Package Materials carefully and professionally

Once the carrier takes possession, any loss, damage, or delay is between you and the carrier. We encourage you to track your return shipment and contact the carrier promptly if issues arise.

4.4 Shipping Carrier Limitations

Shipping carriers have their own liability limits and claims processes. Standard carrier liability is often minimal (e.g., USPS Priority Mail includes only $100 of insurance). If you require greater protection, you must purchase additional carrier insurance or declared value coverage when shipping to us, and we can arrange enhanced return shipping at your request and expense.

5. Limitation of Liability

5.1 Maximum Liability Cap

To the maximum extent permitted by applicable law, MemoryCherish's total liability for all claims arising from or related to your order—including loss of or damage to your Materials—shall not exceed the greater of:

• (a) Five Hundred Dollars ($500) per order, or
• (b) Three times (3×) the service fees you actually paid for that specific order

This cap applies regardless of the legal theory (contract, negligence, bailment, strict liability, or otherwise) and whether or not we were advised of the possibility of such damages.

5.2 Types of Damages We Do Not Cover

In no event shall MemoryCherish, its owners, employees, contractors, or affiliates be liable for:

• Sentimental or emotional value: We understand your photos are priceless to you, but we cannot compensate for emotional attachment, memories, or personal significance
• Emotional distress, mental anguish, or pain and suffering
• Consequential or indirect damages: Including loss of profits, business opportunities, or anticipated benefits
• Punitive or exemplary damages
• Loss of data or digital files after delivery to you
• Costs to recreate or reproduce items that cannot be recreated
• Any special or incidental damages

5.3 What These Limits Do Not Affect

Nothing in this agreement limits our liability for:

• Fraud or intentional misconduct by MemoryCherish
• Gross negligence by MemoryCherish
• Any liability that cannot legally be excluded under applicable consumer protection laws
• Death or personal injury caused by our negligence

5.4 Acknowledgment of Liability Limits

By placing an order, you acknowledge that the liability limits described above represent your complete financial remedy, and you agree that your Materials' value does not exceed these limits for purposes of any claim. If you believe your Materials have exceptional value, we encourage you to arrange your own insurance coverage before shipping.

5.5 Exclusive Remedy

Your sole and exclusive remedy for any loss, damage, or dissatisfaction is limited to the monetary amounts specified in this Section 5, a refund of fees paid, or re-performance of services at our option. These remedies are your complete recourse against MemoryCherish.

5.6 Why These Limits Exist

We know these limits may seem restrictive when your photos are irreplaceable. Here's the reality: we're a small business that handles thousands of orders, and the vast majority are completed without any issues. These limits allow us to keep our services affordable and our business sustainable. Without them, we simply couldn't offer photo restoration at accessible prices—or at all. We encourage you to protect yourself by making digital backups before shipping.

6. How to Report Problems

6.1 Inspection Upon Receipt

When you receive your returned Materials, please inspect them promptly. You have fourteen (14) calendar days from delivery to notify us of any issues with your returned Materials or completed work. After this period, your Materials are deemed accepted in satisfactory condition.

6.2 How to File a Claim

To preserve any claim for loss or damage, you must email us at support@memorycherish.com within 14 days of discovering the issue, including:

• Your order number
• A detailed description of the problem
• Which specific items are affected
• Photos documenting the issue (if applicable)
• Your proposed resolution

6.3 Our Investigation Process

Upon receiving your claim, we will:

• Acknowledge receipt within 2 business days
• Investigate the circumstances (reviewing our records, contacting carriers if applicable)
• Respond with our findings and proposed resolution within 14 days
• Work with you in good faith to reach a fair outcome

6.4 Preservation of Evidence

If you're filing a claim, please preserve all Materials and packaging in the condition received until we've had a reasonable opportunity to investigate. Do not permit any third party to alter or repair the Materials during this period.

6.5 Time Limit for Legal Claims

Any legal claim or cause of action arising from your order must be commenced within one (1) year after your Materials were returned (or should have been returned). Claims not filed within this period are permanently waived.

6.6 Billing Disputes

Any billing discrepancy must be reported within 30 days of the charge. After this period, charges are deemed accepted.

7. Dispute Resolution & Arbitration

7.1 Informal Resolution First

Before initiating any formal dispute process, you agree to contact us at support@memorycherish.com and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved quickly through direct communication.

7.2 Binding Arbitration

If we cannot resolve a dispute informally, you and MemoryCherish agree that any dispute, claim, or controversy arising from or relating to these Terms, our services, your Materials, or our relationship ("Dispute") shall be resolved exclusively through final and binding arbitration, rather than in court.

7.3 Arbitration Rules

• Administrator: American Arbitration Association (AAA) under its Consumer Arbitration Rules
• Arbitrator: One neutral arbitrator selected per AAA rules
• Location: Arbitration may be conducted by phone, video, written submission, or in person at a mutually convenient U.S. location
• Your Cost: You pay a filing fee up to $200; MemoryCherish pays all other arbitration costs
• Governing Law: The Federal Arbitration Act governs this provision

7.4 Class Action Waiver

You and MemoryCherish agree that all disputes will be resolved individually. Neither party may participate in a class action, collective action, private attorney general action, or any proceeding where either party acts in a representative capacity. If this waiver is found unenforceable, the entire arbitration provision is void and disputes proceed in court.

7.5 Small Claims Exception

Either party may bring qualifying claims in small claims court instead of arbitration.

7.6 Opt-Out Right

You may opt out of arbitration by sending written notice to MemoryCherish, 30 N Gould St, Sheridan, WY 82801, within 30 days of your first order. Include your name, address, email, order number, and a statement that you opt out of arbitration. Opting out does not affect other terms.

7.7 If Arbitration Doesn't Apply

For any Dispute not subject to arbitration, you and MemoryCherish consent to exclusive jurisdiction and venue in the state and federal courts of Laramie County, Wyoming. You waive any objection based on inconvenient forum.

8. Payment & Refunds

8.1 Payment Methods

We accept Visa, Mastercard, American Express, Discover, PayPal, and other methods shown at checkout. All prices are in U.S. dollars. You authorize us to charge your selected payment method upon order placement.

8.2 Our Satisfaction Guarantee

We offer a 100% money-back guarantee if we cannot restore your photo to your satisfaction. Refund conditions:

• Before print shipping: Full refund available if you're unsatisfied with digital results
• After print shipping: No refund unless prints are defective (we'll reship free)
• After revisions exhausted: Full refund if we've done our best but can't meet your vision

8.3 "Send Later" Orders

If you selected "send later" at upload, you may request a refund within 60 minutes of placing your order. After that window closes, standard refund policies apply.

8.4 Payment Disputes

If you open a PayPal dispute, credit card chargeback, or similar claim, you agree to withdraw it within 24 hours if we provide evidence of completed delivery. Frivolous disputes may result in order cancellation and forfeiture of services.

8.5 Price Changes

We may change prices at any time. Price changes don't affect orders already placed.

9. Intellectual Property

9.1 Your Ownership

You own your restored photos. The final digital files and prints from your order belong to you. You may use them however you wish for personal or commercial purposes.

9.2 Your Responsibility

You represent that you have the right to submit Materials for restoration—meaning you own them or have permission from the owner. You agree not to submit Materials that infringe others' copyrights or intellectual property rights.

9.3 Marketing Use

We may use anonymized before/after examples of restorations in our marketing materials, unless you opt out by emailing us after receiving your order confirmation. We will never share your name or personal details without explicit permission.

9.4 Our Website Content

All content on our website (text, graphics, logos, images, software) is our property or licensed to us and protected by intellectual property laws. You may not copy, reproduce, or distribute our content without written permission.

10. Website Use

10.1 Acceptable Use

You agree to use our website only for legitimate purposes. You may not:

• Use automated tools to scrape, copy, or harvest data
• Attempt to gain unauthorized access to our systems
• Interfere with website functionality or security
• Upload viruses or malicious code
• Impersonate others or provide false information
• Use the site for illegal purposes

10.2 Account Information

You're responsible for maintaining accurate account information and keeping your login credentials secure. Notify us immediately of any unauthorized access.

10.3 Website Availability

We strive for consistent availability but cannot guarantee uninterrupted access. We may modify, suspend, or discontinue features at any time without liability.

10.4 Third-Party Links

Our site may contain links to third-party websites. We don't control or endorse these sites and aren't responsible for their content or practices.

10.5 Email Communications

By placing an order, you consent to receive transactional emails (order confirmations, shipping updates) and marketing emails. Unsubscribe anytime via the link in any marketing email.

11. General Terms

11.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

11.2 Indemnification

You agree to defend, indemnify, and hold harmless MemoryCherish and its owners, employees, and contractors from any claims, damages, or expenses (including attorney fees) arising from: your breach of these Terms, your violation of any law, your infringement of third-party rights, or the content of Materials you submit.

11.3 Disclaimer of Warranties

Our services and website are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that services will be uninterrupted, error-free, or that any specific result is achievable.

11.4 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control, including: natural disasters, fires, floods, earthquakes, pandemics, epidemics, government actions, wars, terrorism, civil unrest, labor disputes, power outages, internet failures, carrier failures, or supplier disruptions. We will notify you promptly and resume performance when reasonably possible.

11.5 Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be modified to the minimum extent necessary (or severed if modification isn't possible), and remaining provisions continue in full force.

11.6 No Waiver

Our failure to enforce any provision doesn't waive our right to enforce it later.

11.7 Assignment

You may not assign your rights under these Terms without our consent. We may assign our rights to any successor or affiliate.

11.8 Entire Agreement

These Terms, together with our Privacy Policy and any order confirmation, constitute the entire agreement between you and MemoryCherish, superseding all prior communications.

11.9 Vouchers & Gift Codes

Vouchers and gift codes are non-transferable unless marked otherwise, cannot be redeemed for cash, and must be used before any stated expiration date. Lost or stolen vouchers cannot be replaced. Use constitutes acceptance of these terms.

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12. Privacy Policy

At MemoryCherish, we're committed to protecting your privacy. This policy explains what information we collect, how we use it, and your rights. We've written it in plain language because your privacy matters.

12.1 Information We Collect

Information You Provide:

• Account & Order Information: Name, email, shipping address, phone number, payment details
• Your Photos: The images you submit for restoration (we treat these as confidential)
• Communications: Emails, chat messages, feedback, and support requests

Information Collected Automatically:

• Device Information: IP address, browser type, operating system, device identifiers
• Usage Data: Pages visited, time spent, referring URLs, clicks
• Cookies: We use cookies and similar technologies for functionality, analytics, and advertising (see Section 12.5)

12.2 How We Use Your Information

• Fulfill Orders: Process your restorations, communicate about your order, ship your Materials
• Improve Services: Analyze usage patterns, fix bugs, develop new features
• Communicate: Send order updates, respond to inquiries, provide customer support
• Marketing: Send promotional emails (with your consent; unsubscribe anytime)
• Legal Compliance: Comply with laws, respond to legal requests, protect our rights
• Security: Detect fraud, prevent abuse, maintain security

12.3 How We Share Your Information

We do not sell your personal information. We may share it with:

• Service Providers: Payment processors, shipping carriers, cloud hosting, email services—only as needed to serve you
• Professional Advisors: Lawyers, accountants, consultants when necessary
• Legal Requirements: When required by law, subpoena, or to protect rights and safety
• Business Transfers: In connection with a merger, acquisition, or sale of assets (your data remains protected)

We will never share, sell, or display your photos without your explicit permission, except to service providers directly involved in fulfilling your order.

12.4 Your Photos: Special Handling

We understand your photos are deeply personal. Here's how we handle them:

• Photos are used only to perform the services you requested
• Access is limited to staff directly working on your order
• We do not use your photos for AI training or any purpose beyond your order
• We may retain your digital files indefinitely as a courtesy, so you can request copies later if needed—however, we are not obligated to retain files beyond 90 days after delivery and may delete them at any time thereafter
• You may request deletion of your photos at any time by emailing support@memorycherish.com—we will confirm deletion within 14 days

12.5 Cookies & Tracking

We use cookies to:

• Keep you logged in and remember your preferences
• Understand how visitors use our site (analytics)
• Deliver relevant advertising

You can control cookies through your browser settings. Disabling cookies may affect site functionality.

12.6 Data Security

We implement reasonable technical and organizational measures to protect your information, including encryption, secure servers, and access controls. However, no system is perfectly secure, and we cannot guarantee absolute security.

12.7 Data Retention

• Account information: Retained while your account is active, plus 2 years for legal and tax purposes
• Order records: 7 years for tax and legal compliance
• Photos and digital files: May be retained indefinitely as a courtesy; however, we are not obligated to retain beyond 90 days and may delete at our discretion. Request deletion anytime by emailing us.
• Marketing data: Until you unsubscribe

12.8 Your Privacy Rights

Depending on your location, you may have rights to:

• Access: Request a copy of your personal information
• Correction: Update inaccurate information
• Deletion: Request we delete your data (subject to legal retention requirements)
• Portability: Receive your data in a portable format
• Opt-Out: Unsubscribe from marketing; opt out of certain data sharing
• Withdraw Consent: Where processing is based on consent

To exercise these rights, email support@memorycherish.com. We'll respond within 30 days.

12.9 California Privacy Rights

California residents have additional rights under the CCPA, including:

• Right to know what personal information we collect and how it's used
• Right to delete personal information
• Right to opt out of "sales" (we do not sell personal information)
• Right to non-discrimination for exercising privacy rights

California's "Shine the Light" law permits residents to request information about data shared with third parties for marketing. Contact us to make such a request.

12.10 International Transfers

Our servers are located in the United States. If you access our services from outside the U.S., your information will be transferred to and processed in the U.S., which may have different data protection laws than your country. By using our services, you consent to this transfer.

12.11 Children's Privacy

Our services are not directed to children under 13 (or 16 in the EU). We do not knowingly collect information from children. If you believe a child has provided us information, please contact us immediately and we will delete it.

12.12 Do Not Track

Our website does not currently respond to "Do Not Track" browser signals, as there is no industry standard for handling these requests.

12.13 Privacy Policy Updates

We may update this policy periodically. Material changes will be communicated via email or prominent website notice. Continued use after changes constitutes acceptance.

13. Contact Us

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Thank you for trusting MemoryCherish with your precious memories.
We're honored to help preserve your family's history.