Terms of Service

Last Updated: October 14, 2025

Welcome to Memby.ai (“Memby,” “we,” “our,” or “us”).
These Terms of Service (“Terms”) govern your access to and use of Memby.ai, including our website, software, and related services (collectively, the “Services”).
By using our Services, you agree to these Terms. If you do not agree, you may not use Memby.ai.

1. Overview

Memby.ai provides AI-driven sales and communication automation tools for fitness studios. The platform helps studios manage lead nurturing, class bookings, and membership sales using artificial intelligence and integrated CRM connections.

These Terms form a binding agreement between you (the “Customer,” “User,” or “you”) and Memby, LLC, a Massachusetts limited liability company.

2. Eligibility

You must be at least 18 years old and authorized to act on behalf of the business or organization registering for Memby.ai.
By creating an account, you represent and warrant that all information you provide is accurate, complete, and current.

3. Account Registration and Security

To use Memby.ai, you must be granted an account. You are responsible for:

• Maintaining the confidentiality of your login credentials.

• All activities that occur under your account.

• Promptly notifying us of any unauthorized access or security issues.
  
  
  

We reserve the right to suspend or terminate accounts that violate these Terms or misuse the platform.

4. Subscription Plans & Billing

A. Pricing

Memby.ai offers several subscription options:

• Month-to-Month: $497/month, billed monthly.

• 6-Month Commitment: $447/month, billed upfront for six months.

• 12-Month Commitment: $397/month, billed upfront for twelve months.
  
  

All pricing is in USD and may be updated periodically with notice.

B. Payment

Payments are processed securely through our third-party payment provider (e.g., Stripe). You authorize Memby to charge your designated payment method according to your selected plan.

C. Renewals & Cancellations

All plans automatically renew at the end of their term unless canceled at least 7 days before renewal.
To cancel, contact josh@memby.ai. No partial refunds are provided for unused time.

5. Acceptable Use

You agree to use Memby.ai only for lawful, legitimate business purposes. You may not:

• Use the Services to send spam, deceptive, or unauthorized messages.

• Violate any privacy, intellectual property, or data-protection laws.

• Attempt to access or disrupt other users’ data or systems.

• Reverse-engineer, copy, or resell any part of the Memby platform.

• Upload harmful code, bots, or content that interferes with our systems.
  
  

Violation of this section may result in immediate account termination.

6. Data & Integrations

A. Data Access

By using Memby.ai, you authorize us to access and process information from connected systems (e.g., Mindbody, Glofox, Zapier, Meta Ads, or similar) solely to deliver the Services.

B. Data Ownership

You retain ownership of your business and customer data. Memby.ai acts as a data processor for this information.
We may aggregate and anonymize usage data for analytics, performance, and product improvement.

C. Privacy

Your use of Memby.ai is also governed by our Privacy Policy, which explains how we collect and handle personal information.

7. AI-Generated Communications

Memby.ai uses artificial intelligence to send messages and generate content on your behalf.
You acknowledge that:

• AI outputs are generated algorithmically and may not always be accurate or appropriate.

• You are solely responsible for reviewing and ensuring the accuracy of communications sent through your account.

• Memby is not liable for actions, statements, or content produced or sent via AI features.
  
  

8. Intellectual Property

All intellectual property rights in Memby.ai including software, designs, algorithms, logos, and content are owned or licensed by Memby, LLC.
You receive a limited, non-exclusive, non-transferable license to use the platform for your internal business purposes.
You may not copy, distribute, modify, or create derivative works without written consent.

9. Confidentiality

Any non-public business, technical, or strategic information exchanged between you and Memby shall be treated as confidential by both parties and not disclosed to third parties, except as required by law.

10. Disclaimers

Memby.ai is provided on an “as is” and “as available” basis.
We do not guarantee that the Services will be uninterrupted, error-free, or produce specific results.
We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the maximum extent permitted by law:

• Memby, LLC and its affiliates shall not be liable for any indirect, incidental, or consequential damages (including lost profits, data loss, or business interruption).

• Our total cumulative liability under these Terms shall not exceed the amount paid by you to Memby in the three (3) months preceding the event giving rise to the claim.
  
  

Some jurisdictions do not allow certain limitations, so these may not apply in full.

12. Indemnification

You agree to indemnify and hold harmless Memby, LLC, its officers, directors, employees, and affiliates from any claims, losses, or damages arising from your misuse of the Services, your violation of these Terms, or your infringement of third-party rights.

13. Termination

You may stop using Memby.ai at any time.
We may suspend or terminate access if you breach these Terms, misuse the platform, or engage in fraudulent activity.
Upon termination, your right to use the Services immediately ceases, but relevant provisions (e.g., confidentiality, liability, IP) will survive.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.
Any disputes shall be resolved exclusively in the state or federal courts located in Boston, Massachusetts.

15. Changes to These Terms

We may update these Terms periodically. The “Last Updated” date reflects the most recent revision.
Continued use of Memby.ai after changes means you accept the updated Terms.

16. Contact Us

For questions about these Terms, please contact:

Memby, LLC
Attn: Legal Team
Email: brandon@memby.ai
Boston, MA, USA