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Terms of Service

Last updated: October 2026

1. What EM Is

EM is a personal memory app that resurfaces WhatsApp conversations on anniversary dates. EM processes your exported WhatsApp chat files to surface messages sent on this exact date in previous years - like a memory album for your messages.

EM is not a backup service, a chat storage platform, or a messaging application. EM does not provide ongoing storage guarantees, data recovery services, or any form of chat archiving. We facilitate the recall and repackaging of conversations you choose to import. That is the full extent of our service.

2. Your Data - How We Store It

EM stores your data in encrypted form on secure servers. Before any message content leaves your device, it is encrypted using AES-256-GCM encryption - one of the strongest encryption standards available. Your encryption key is derived from your account password and is never stored by EM in a readable form.

This means:

  • EM cannot read your messages. Nobody at EM can access your conversation content under any circumstances.
  • Your messages, journal notes and voice notes are encrypted on your device before they are transmitted, and our servers cannot read them. A few details EM needs to schedule your memories, such as message dates, are stored unencrypted, as our Privacy Policy describes.
  • EM never reads, processes, sells, or shares your message content with any third party.

3. Encryption and Your Responsibility

Your data is protected by a randomly generated master encryption key that is wrapped by your account password. This means:

  • If you forget your password and have not saved your recovery phrase, your encrypted data cannot be recovered - by you or by EM. This is by design.
  • EM has no password reset mechanism that bypasses encryption. We cannot decrypt your data on your behalf.
  • You are responsible for saving your recovery phrase in a safe place at account creation.
  • Changing your password does not affect your data - only the encryption wrapper changes.

By creating an account, you acknowledge and accept that data recovery without your password or recovery phrase is impossible.

4. Sharing, Screenshots and Generated Memory Cards - Your Responsibility

EM allows users to share memory cards - images generated from their imported conversations, branded with the EM logo. By using the sharing feature, you acknowledge and agree to the following:

(a) Consent of All Parties

WhatsApp conversations are private communications between two or more people. Before sharing any memory card, screenshot, or content derived from a conversation, you are solely responsible for obtaining the consent of all other parties whose words, name, or likeness appear in that content. This applies whether or not the other party is identifiable by name.

(b) Real Names and Identifiable Information

If the conversation contains the real name, phone number, or any other identifying information of another person, you must obtain their explicit consent before sharing any content that includes or could reveal that information. EM generates memory cards as-is from your imported data - we do not anonymise names or personal details.

(c) Deceased Individuals

If the conversation involves a person who has passed away, you are responsible for considering the wishes of their estate or family before sharing content that features their words.

(d) EM Is Not Responsible for Shared Content

EM provides tools to generate and share memory cards. We have no control over what you share, where you share it, or who sees it. EM accepts no liability for any consequences - legal, personal, reputational, or otherwise - arising from content you choose to share using EM's sharing features.

(e) Platform Terms

When sharing to social media platforms, you remain subject to the terms of service of those platforms. EM is not responsible for content removed, flagged, or actioned by third-party platforms.

(f) Intent

EM is built for the recall and celebration of memories in a fun, loving, and respectful way. We ask that you use the sharing feature in that spirit.

5. Uploading Conversations - Your Responsibility

By importing a WhatsApp chat export into EM, you confirm that:

  • You are a participant in the conversation you are importing.
  • You have the right to process this content for personal use.
  • You understand that EM is a personal tool, not a surveillance or monitoring tool, and must not be used to import conversations without the knowledge of other participants for any purpose other than your own personal memory keeping.

EM does not verify the source or content of imported files. You are solely responsible for the content you choose to import.

6. What EM Is Not Responsible For

EM is not responsible for:

  • Loss of data resulting from a forgotten password and lost recovery phrase.
  • The content of messages imported into EM - you are responsible for only importing content you have the right to use.
  • WhatsApp export format changes that may affect parsing accuracy.
  • Any emotional distress arising from memory content surfaced by EM.
  • Any legal, personal, or reputational consequences arising from content shared using EM's sharing features.
  • Any privacy violations resulting from sharing content that includes another person's private communications without their consent.

7. Subscription and Payment

EM offers a free tier and a premium subscription (EM Premium), billed monthly or annually at the rates displayed at the time of purchase. Payment is processed by Stripe - EM never sees or stores your card details. By subscribing, you agree to the following:

  • Subscriptions renew automatically at the end of each billing period, at the same rate, until cancelled.
  • You can cancel any time from the plans page, linked from your account page. Cancelling stops future renewals - you keep Premium access for the rest of the period you've already paid for, with no partial-period credit.
  • Deleting your account cancels your subscription straight away, with no partial-period credit, because there is no account left to keep Premium for.
  • You have 14 days from your first payment to change your mind. Email hi@emkeep.com within that time and we will refund it in full. After 14 days, cancelling stops future renewals rather than refunding the period you are in.
  • You must be 18 or over to buy EM Premium, or have a parent or guardian's consent.
  • If a renewal payment fails, your account moves to the free tier's limits until you update your payment method. Nothing is deleted - anything beyond the free tier's limits stays safe and fully accessible, it simply stops appearing in your daily memories until you update your card or the period ends.

EM will always have a free plan, and on-this-day memories are part of it. Nothing you import is ever deleted or held to ransom: if you go over your plan's chat limit, every chat stays on your Loved page, readable and downloadable, and the newest ones simply stop appearing in your daily memories until you upgrade or remove one.

8. Limitation of Liability

EM is provided "as is" without warranty of any kind. To the maximum extent permitted by law, EM and its creators shall not be liable for any indirect, incidental, or consequential damages arising from your use of the service, including but not limited to loss of data, loss of access to memories, emotional distress, or consequences arising from content shared by users.

EM's total liability to you for any claim shall not exceed the amount you paid for EM in the 12 months preceding the claim, or €10, whichever is greater.

9. Changes to These Terms

We may update these terms from time to time. We will notify you of material changes via the app or email. Continued use of EM after changes constitutes acceptance of the updated terms.

10. Governing Law

These terms are governed by the laws of Malta. Any disputes shall be subject to the exclusive jurisdiction of the courts of Malta.

11. Contact

Questions about these terms: hi@emkeep.com

EM is built with care for the conversations that matter most. We ask that you use it with the same care for the people in those conversations.