Terms of Use
The terms and conditions that govern your access to and use of the website and services provided by The Memory Trust SG.
These Terms of Use ("Terms") govern your access to and use of the website, products and services provided by The Memory Trust SG Pte. Ltd. ("TMT SG", "we", "us" or "our"), including our website at thememorytrustsg.com.
By accessing our website, purchasing or using our services, submitting materials to us, or creating or participating in a memory project with us, you agree to these Terms.
If you do not agree with these Terms, please do not use our services.
About The Memory Trust SG
TMT SG provides non-financial legacy and memory preservation services. Depending on the package selected, our services may include:
- photo and document digitisation;
- organisation and tagging of digital memories;
- audio or video recording;
- autobiography and life-story assistance;
- transcription, editing, proofreading and eBook production;
- QR-linked audio, video or digital content;
- memory capsules containing messages intended for future delivery;
- scheduled delivery based on a specified date or age;
- event-triggered delivery based on an event specified by the client;
- digital storage and associated memory-preservation services;
- workshops, interviews, storytelling and related services; and
- other related services introduced by TMT SG from time to time.
Certain services may be provided together with third-party service providers, professional partners or technology platforms.
Eligibility
You must be at least 18 years old to enter into a binding agreement with TMT SG unless a parent, legal guardian or other person legally authorised to act on your behalf enters into the agreement.
A person may be designated as a future recipient of a memory capsule while under 18.
For certain event-triggered memory capsules, TMT SG may require the recipient to be at least 18 years old before responsibility for notification, verification or claiming of the memory capsule is transferred or shared with that recipient.
Service Orders
The exact scope of work, price, delivery method, storage period, number of revisions and other service-specific terms may be stated in a quotation, order form, service agreement, invoice, proposal, package description or other written communication issued by TMT SG.
Where there is a conflict between these Terms and a written service agreement specifically agreed with a customer, the specific service agreement will take priority in relation to that service.
TMT SG may reasonably decline a project where the content, instructions, delivery conditions or other circumstances create legal, ethical, technical, operational or safety concerns.
Customer Responsibilities
You are responsible for ensuring that information and instructions provided to TMT SG are accurate and sufficiently complete for us to perform the requested service.
You should inform us promptly of material changes to relevant information, including:
- your contact details;
- a recipient's contact details;
- changes to a designated recipient;
- changes to a scheduled delivery instruction;
- occurrence of a specified event;
- cancellation or modification of a delivery instruction; or
- any circumstance affecting our ability to perform the service.
TMT SG will not be responsible for delays or unsuccessful delivery caused primarily by inaccurate, outdated or incomplete information supplied by the customer or recipient.
Ownership of Customer Content
You retain ownership of photographs, recordings, manuscripts, documents, videos, messages and other original materials that you provide to TMT SG ("Customer Content"), subject to any rights held by third parties.
You grant TMT SG a limited permission to collect, copy, digitise, process, edit, reproduce, store, transmit and otherwise use Customer Content only to the extent reasonably necessary to provide the services you requested, fulfil your instructions, maintain appropriate backups, comply with applicable law and administer your account or project.
Unless separately agreed with you, TMT SG does not acquire ownership of your personal stories, photographs, messages or recordings.
Rights and Permissions
You represent that, to the best of your knowledge, you have the necessary rights or permissions to provide the Customer Content to TMT SG and to instruct us to process it for the purposes of the relevant project.
Where content includes information, photographs, voices, likenesses or personal data relating to another individual, you should obtain any consent reasonably required before providing such content to us.
TMT SG may ask for additional consent or confirmation where appropriate.
Sensitive and Personal Content
Our services may involve deeply personal family histories, photographs, recordings, personal correspondence, relationship information and other private materials.
TMT SG will treat such materials in accordance with our Privacy Policy and applicable Singapore law.
However, customers should avoid providing information that is unnecessary for the service requested.
Artificial Intelligence and Technology-Assisted Processing
TMT SG may use appropriate technology-assisted tools for functions such as transcription, proofreading, audio enhancement, image processing, indexing, keyword generation and content organisation.
Where appropriate, human review may also be used.
Technology-assisted results may occasionally contain errors. Customers should review drafts, transcripts, books or edited materials supplied for approval and notify TMT SG of errors within the applicable revision period.
TMT SG will not intentionally use a customer's private legacy content to create deceptive impersonations, unauthorised deepfakes or misleading representations of that person.
Memory Capsules
A memory capsule is content entrusted to TMT SG for storage and future delivery according to instructions agreed with the customer.
Memory capsules may be:
- Time-based, such as delivery on a birthday, anniversary or specified date; or
- Event-based, such as delivery following a marriage, graduation or another identifiable future event.
The conditions governing a particular memory capsule will be recorded as part of the customer's service instructions.
Time-Based Delivery
For a time-based memory capsule, TMT SG will use reasonable efforts to deliver the content on or around the agreed date, subject to:
- availability of valid recipient contact details;
- technical availability;
- identity verification where appropriate;
- events beyond TMT SG's reasonable control; and
- applicable legal or regulatory requirements.
Exact delivery at a particular minute or hour is not guaranteed unless specifically agreed in writing.
Event-Based Delivery
An event-based memory capsule requires confirmation that the specified event has occurred.
Depending on the package, TMT SG may periodically contact the recipient or other designated contact to verify whether the relevant event has taken place.
Once an adult recipient has been notified of the existence of an event-triggered memory capsule, the recipient may also be responsible for informing TMT SG when the event occurs or submitting a request to claim the capsule.
TMT SG may request reasonable evidence or verification before releasing an event-triggered memory capsule.
TMT SG is not responsible for failing to identify an event that has occurred where we have not been informed of the event and cannot reasonably verify it independently.
Long-Term Memory Capsules and Expiry
Certain memory capsules may have a maximum storage or claim period agreed when the service is purchased.
Where a 30-year expiry period is specified, and the specified triggering event has not occurred by the end of that period, TMT SG may contact the recipient using the latest contact information available and offer available options, which may include:
- releasing the capsule to the recipient without the original triggering event having occurred;
- extending storage subject to an applicable extension fee and service availability; or
- permanently deleting the capsule.
TMT SG will use reasonable efforts to provide notice before permanent deletion.
Specific retention arrangements may differ where another storage period has been expressly agreed.
Contact and Follow-Up
For certain long-term or event-triggered services, TMT SG may conduct periodic follow-ups, including semi-annual follow-ups where this forms part of the relevant service arrangement.
Customers and recipients are encouraged to keep contact information up to date.
TMT SG does not guarantee that a recipient can be located indefinitely where the recipient changes email address, telephone number, residence or identity information without notifying us.
Death or Incapacity of the Customer
Where a customer dies or becomes unable to communicate before a scheduled memory capsule delivery, TMT SG will generally continue to follow the customer's documented instructions unless:
- the instructions are unlawful;
- fulfilment has become impossible;
- a court or competent authority requires otherwise; or
- a valid service-specific arrangement provides for another outcome.
TMT SG may request appropriate documentation before accepting instructions from an executor, administrator, deputy, attorney, family member or other representative.
TMT SG does not provide probate, estate administration, legal or financial advisory services.
Recipient Verification
To protect private content, TMT SG may carry out reasonable identity or entitlement verification before releasing certain memory capsules or sensitive materials.
Verification methods may change according to the circumstances and technology available at the time of delivery.
TMT SG may temporarily withhold delivery where there is a reasonable concern about the identity or authority of the person requesting access.
Payments
Fees will be stated in Singapore Dollars unless otherwise specified.
Customers must pay fees in accordance with the quotation, invoice, payment page or service agreement.
Payments may be processed through third-party payment processors or financial institutions. Their own terms and privacy practices may apply to their services.
Cancellations and Refunds
Cancellation and refund eligibility depends on the stage of work completed.
Unless another policy is stated in the applicable quotation or service agreement:
- amounts paid for work already completed are generally non-refundable;
- third-party costs already incurred may be deducted from any refund;
- customised work already substantially commenced may not qualify for a full refund; and
- unused long-term storage or service components may be handled according to the applicable package terms.
TMT SG will assess reasonable refund requests fairly having regard to the work already performed and costs incurred.
Nothing in this clause limits any rights that cannot lawfully be excluded under Singapore law.
Revisions and Customer Approval
Where a service includes customer review, the customer is responsible for checking the material before final approval.
Unless otherwise stated, additional revisions beyond the revisions included in a package may incur additional charges.
Approval of a final manuscript, recording, digital asset or other deliverable means that the customer accepts the content in its approved form, subject to errors that TMT SG may be legally required to correct.
Digital Storage
TMT SG takes reasonable steps to maintain the availability and integrity of digital content entrusted to us.
However, no digital storage technology can provide an absolute guarantee against all risks, including hardware failure, cyberattack, corruption, natural disaster, technological obsolescence or failures of third-party infrastructure.
Where appropriate, customers are encouraged to retain their own copies of irreplaceable original materials.
TMT SG may migrate files to newer formats, systems or infrastructure where reasonably necessary to maintain the service.
Physical Materials
Where customers provide physical photographs, albums, documents, drives or other items, TMT SG will take reasonable care while they are in our custody.
Customers should not provide irreplaceable originals without discussing appropriate handling arrangements with us.
Collection, delivery or courier services may be subject to separate arrangements.
Third-Party Services
TMT SG may engage service providers such as:
- cloud storage providers;
- website hosting providers;
- payment processors;
- transcription or production services;
- printing companies;
- technology platforms;
- couriers;
- professional advisers; and
- other contractors necessary to perform our services.
TMT SG is not responsible for third-party websites or services that customers independently choose to access.
Intellectual Property of TMT SG
The TMT SG name, logo, website design, service concepts, written website content, graphics and other materials created and owned by TMT SG are protected by applicable intellectual property laws.
You may not reproduce, sell, commercially exploit or falsely represent TMT SG's proprietary materials without permission.
Acceptable Use
You must not use TMT SG's website or services:
- for unlawful purposes;
- to infringe another person's intellectual property or privacy rights;
- to harass, threaten or deceive another person;
- to transmit malicious code;
- to gain unauthorised access to systems or information;
- to create unlawful impersonations or deceptive content; or
- in any way that materially interferes with TMT SG's operations.
Availability of Services
TMT SG may update, improve, replace or discontinue features or services from time to time.
For prepaid long-term services, TMT SG will take reasonable steps to honour existing contractual commitments or provide an appropriate alternative arrangement where reasonably practicable.
No Legal, Medical or Financial Advice
TMT SG preserves stories and personal legacy materials.
Information provided through our services should not be treated as legal, medical, financial, estate planning, counselling or other regulated professional advice.
Where specialist advice is required, customers should consult an appropriately qualified professional.
Limitation of Liability
To the maximum extent permitted by applicable law, TMT SG will not be responsible for indirect, incidental, consequential or purely economic loss arising from use of our website or services where such loss was not reasonably foreseeable.
Where TMT SG is legally entitled to limit its liability and liability arises in connection with a particular paid service, TMT SG's aggregate liability will generally be limited to the amount paid by the customer for the service giving rise to the claim, unless a different limitation has been expressly agreed.
Nothing in these Terms excludes or restricts liability where such exclusion or restriction is prohibited by applicable law.
Events Beyond Our Reasonable Control
TMT SG will not be responsible for delay or failure caused by circumstances outside our reasonable control, including major technology outages, natural disasters, government action, war, civil disturbances, widespread cyber incidents or failures of essential third-party infrastructure.
We will take reasonable steps to restore or continue affected services where practicable.
Changes to These Terms
TMT SG may update these Terms from time to time.
The latest version will be published on our website together with the date of the latest update.
Material changes affecting an existing long-term paid service will not retrospectively remove contractual rights already agreed with the customer unless required by law or separately agreed.
Governing Law
These Terms are governed by the laws of Singapore.
Subject to applicable law, disputes arising from these Terms or the services of TMT SG will be subject to the jurisdiction of the courts of Singapore.
Business Continuity and Succession
The Memory Trust SG Pte. Ltd. ("TMT SG") recognises that certain Memory Capsule Services may be intended to operate for many years after the date on which they are created.
TMT SG will therefore maintain reasonable business continuity and succession arrangements designed to protect the continued storage, administration and delivery of Memory Capsules in the event that TMT SG is no longer able to continue providing the relevant service.
A "Continuity Event" may include:
- the permanent cessation of TMT SG's business;
- liquidation, winding-up or insolvency of TMT SG;
- prolonged inability of TMT SG to operate the Memory Capsule Service;
- the death or incapacity of a key person where TMT SG is unable to continue the relevant service; or
- another event that makes TMT SG permanently unable to fulfil its Memory Capsule obligations.
Following a Continuity Event, TMT SG may, subject to applicable law and appropriate confidentiality and data-protection safeguards:
- transfer the relevant Memory Capsule, associated delivery instructions and necessary customer or recipient information to a designated successor service provider or continuity custodian;
- provide the customer or recipient with an opportunity to retrieve or download the Memory Capsule;
- transfer the Memory Capsule to another service provider nominated by the customer, where reasonably practicable; or
- arrange secure deletion where requested and legally permissible.
Any successor provider receiving Memory Capsule information will be authorised to use that information only to the extent reasonably necessary to preserve, administer and deliver the Memory Capsule in accordance with the original customer's instructions.
Where reasonably practicable, TMT SG will notify affected customers or recipients in advance of a planned cessation of service and provide information regarding available continuity options.
TMT SG may maintain encrypted backup copies, continuity records and recovery information with approved technology providers or independent custodians for the purposes of implementing these arrangements.
Nothing in this provision constitutes TMT SG as a licensed trustee, trust company, executor or estate administrator unless expressly stated in a separate legally valid arrangement.
Contact Us
Questions regarding these Terms may be directed to:
The Memory Trust SG Pte. Ltd.
Website: thememorytrustsg.com
Email: contact@thememorytrustsg.com
WhatsApp / Contact: +65 8925 1073
These Terms should be read together with our Privacy Policy and any applicable service-specific agreement.