Termos do serviço

TERMS OF SERVICE

Last Updated: 3 November 2025

Welcome to Memory in Sound, a brand operated by Brocode Group Lda (“we”, “us”, “our”).

Brocode Group Lda is a private limited company registered in Portugal under company number 516 430 106, with registered office at:

Brocode Group Lda

TERINOV – Parque de Ciência e Tecnologia da Ilha Terceira

Praceta da Ilha Terceira

9700-702 Terra Chã, Angra do Heroísmo, Azores, Portugal

NIPC / VAT: PT516430106

Email: info@memoryinsound.com

We operate this store and website, including all related tools, features, products, and services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy.

If you do not agree, you must not use or access our Services.

1. OVERVIEW

Memory in Sound provides customized and individually generated artwork and sound-based products created from user-submitted audio, text, and imagery.

By using our Services, you acknowledge and agree that:

Each product is made-to-order and personalized, and therefore non-returnable and non-refundable.
You are solely responsible for all content you upload or provide.
Your content and personal data may be processed via third-party infrastructure providers (including Amazon AWS, Shopify, Google, and others), which may store or transmit data outside the European Economic Area (EEA).
We cannot guarantee absolute privacy or data security, and you waive claims arising from breaches or unauthorized access beyond our reasonable control.

2. ELIGIBILITY AND ACCOUNT RESPONSIBILITY

You must be at least the age of majority in your jurisdiction to use our Services. You agree to provide accurate, current, and complete information and to maintain the security of your account credentials.

We reserve the right to suspend or terminate access for any violation of these Terms.

3. CUSTOMIZED PRODUCTS AND NON-REFUNDABLE POLICY

All products are individually generated from your submitted materials.

Once an order is placed and processing begins, no cancellations, refunds, or exchanges are permitted, except where legally required.

This includes:

Upload mistakes (e.g., wrong file, misspelled text, low-quality audio).
Variations in color, texture, or size due to device calibration or printing tolerances.
Delivery delays beyond our control.

If an item arrives damaged or defective, contact us within 7 days of delivery with photos, and we may, at our discretion, repair, replace, or issue store credit.

4. USER CONTENT AND LICENSE

You retain ownership of your uploaded materials (“User Content”) but grant Brocode Group Lda / Memory in Sound a perpetual, worldwide, royalty-free license to store, process, reproduce, and modify your content as necessary to create and deliver your personalized product and operate our Services.

You represent and warrant that:

You own or control all necessary rights to your User Content.
Your uploads do not infringe the rights of others or contain illegal, defamatory, or obscene material.
You have obtained consent from any identifiable individuals in your uploads (e.g., recorded voices, photographs).

We reserve the right to remove or report unlawful or inappropriate content to authorities.

5. DATA PRIVACY AND SECURITY DISCLAIMER

We take reasonable measures to protect your data but cannot guarantee absolute security.

By using the Services, you acknowledge and agree that:

Data may be stored and processed by third-party providers (including AWS, Shopify, Google Cloud, Printify, and others).
Such data may cross borders and be stored in jurisdictions that do not offer equivalent privacy protections.
You voluntarily forgo privacy expectations for content you upload to fulfill your order.
We are not responsible for unauthorized access, data leaks, hacks, or misuse of your content or data by third parties.

6. PROHIBITED USES

You may not upload, create, or transmit any material that:

Violates any law or regulation;
Contains hate speech, threats, harassment, or obscene content;
Infringes intellectual property rights;
Includes personal data or recordings without consent;
Contains viruses or malicious code.

We reserve the right to suspend, delete, or report any account or content that violates these restrictions.

7. THIRD-PARTY SERVICES

Our Services are powered by platforms and providers such as Shopify, Amazon AWS, Google, and Printify.

You acknowledge that these third parties may process your information according to their own privacy policies.

We are not responsible for their actions, compliance, or service outages.

8. INTELLECTUAL PROPERTY

All site design, text, graphics, logos, and trademarks are the property of Brocode Group Lda or its licensors.

You may not copy or use any portion of the Services without prior written consent.

9. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Brocode Group Lda, its affiliates, employees, and suppliers shall not be liable for:

Any indirect, incidental, consequential, punitive, or exemplary damages;
Loss of data, privacy, revenue, or goodwill;
Service interruptions, breaches, or acts of third parties.

Total aggregate liability for any claim shall not exceed the amount you paid for the relevant product.

10. INDEMNIFICATION

You agree to indemnify and hold harmless Brocode Group Lda, its affiliates, partners, and service providers (including Shopify and AWS) from all claims, liabilities, and expenses (including attorney fees) arising from:

Your use of the Services;
Your uploaded content;
Any violation of these Terms or applicable laws.

11. TERMINATION

We may suspend or terminate your access to the Services at any time, without notice, for any reason.

Provisions relating to Intellectual Property, Limitation of Liability, Indemnification, and Data Privacy shall survive termination.

12. GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of Portugal.

You agree to submit to the exclusive jurisdiction of the courts of Lisbon, Portugal, for any disputes.

13. CHANGES TO TERMS

We may modify these Terms at any time by posting the updated version on our website. Continued use of the Services after any update constitutes acceptance of the revised Terms.

14. CONTACT INFORMATION

For all inquiries regarding these Terms or the Services:

Memory in Sound

Operated by Brocode Group Lda