Terms and Conditions of Use

1. Purpose and nature of the service

LiveMemoriesAI is a private service that allows families or other authorised persons to create conversational virtual memorials of deceased people from selected materials. The service uses artificial intelligence (from now on, “AI”) to produce responses that resemble the deceased person’s documented way of expressing themselves.

2. Service provider, contact and legal notices

The service is operated by Sergio Fernández, with address at Avenida Gran Vía de Vicálvaro, Madrid, 28052, Spain (from now on, “LiveMemoriesAI” or “the service”). You may address any communication, request, complaint or legal notice to:

• Contact, support and privacy email: contact@livememoriesai.com
• Postal address: Avenida Gran Vía de Vicálvaro, Madrid, 28052, Spain
• Website: https://www.livememoriesai.com

3. Who may open an account and who may talk to the replica

You must be at least 18 years old and have the capacity to accept these terms to create and manage replicas (as a custodian). To chat with a replica as an invited interlocutor on Telegram you must be at least 14 years old; if you are between 14 and 17 you need the invitation and supervision of an adult custodian of that replica.

4. Custodian legitimacy (responsible declaration DR-1)

When creating an account and when registering each replica, you declare under your own responsibility that you are legitimised to create virtual replicas of the deceased people you add to the service, because you are connected to the deceased by family or personal ties, are an heir, or are designated or authorised by someone who is, in the terms of article 3 of Organic Law 3/2018 (LOPDGDD).

• You declare that you have the necessary permission to contribute the materials you upload (photographs, conversations, audio, documents and other memories).
• You accept responsibility for any use made without sufficient legitimacy.
• You release LiveMemoriesAI from the obligation to verify this declaration exhaustively and from the consequences of its inaccuracy, without prejudice to the legal obligations of the service.

5. Uploaded materials and limited licence

You keep your rights in the photographs, conversations, letters, recordings and other materials you upload. You grant LiveMemoriesAI only the limited, non-exclusive, revocable and non-transferable permission needed to store, process, anonymise, index and use those materials for the sole purpose of operating the chosen memorial.

• You must not upload materials you are not legitimately allowed to share.
• You must not upload malware, content that infringes third-party rights, or information that creates an avoidable risk for another person.
• You must not upload materials that contain special-category data (health, ideology, religion, sexual orientation, racial origin, etc.) unless they are essential for the memorial and you are legitimised to provide them.
• When you upload WhatsApp or other platforms’ conversations, you are responsible for doing so in line with those platforms’ terms and with the rights of the living participants.

6. Data of living third parties in the materials

Family archives may incidentally contain information about living people: relatives, friends, neighbours, professionals or third parties mentioned in chats and photographs. Those people have rights over their data and may exercise them even when they do not have an account.

• Default anonymisation: derived texts (fragments that may be retrieved in conversation) mask the real names of third parties with stable per-document labels (for example, “[Family 1]”, “[Friend from the village]”).
• If the custodian authorises it, the public label may be a role (“your sister”, “a neighbour”) rather than a neutral tag.
• The people who appear may contact us through the Opposition channel to exercise their rights without creating an account.

7. Special-category data and minimisation

Some materials may contain special-category data within the meaning of article 9 GDPR: health data, ideology, religion, sexual orientation, racial origin or political opinions. By design, the service excludes or restricts this kind of data:

• The memory extractor automatically discards hypotheses that rely exclusively on sensitive data and logs them as omitted due to PII gating.
• Sensitive topics about the deceased person (for example, their illness or the circumstances of their death) are treated as protected topics: the replica does not raise them in conversation and, if they come up, it forces text-only mode (no synthetic voice).
• Interlocutors may talk about their own health or feelings; that information is stored inside the interlocutor’s private memory and is never shared with other interlocutors or with the custodian.

8. Prohibited uses and content policies

You may not use the service to:

• Create a replica of a living person without their valid, express, informed and revocable permission.
• Impersonate a deceased or living person in order to deceive or defraud a third party, including impersonating authorities, professionals or public officers.
• Extract, copy, distribute or reuse the cloned voice outside the service.
• Sexualise, ridicule or instrumentalise a memorial for commercial, political or hateful purposes.
• Harass, threaten, manipulate, intimidate or extort another person, or harass or pressure minors and vulnerable people.
• Create, distribute or host child sexual abuse material (CSAM) or any unlawful content; such cases are reported to the competent authorities.
• Defame, slander or infringe the honour, privacy or personal image of living or deceased third parties.
• Introduce malware, reverse-engineer the system or circumvent the security measures.
• Infringe third-party intellectual or industrial property rights.
• Circumvent plan limits, resell access or automate account creation.

9. AI transparency and the AI Act

The service complies with the transparency obligations of Regulation (EU) 2024/1689 (the AI Act), in force since 2 August 2026:

• Before the first in-character reply to each interlocutor, the service sends an explicit notice: “This conversation is with a virtual replica created with artificial intelligence. It is not the deceased person.”
• Before the first cloned-voice audio each interlocutor receives, the system emits an audible warning: “This voice was generated by artificial intelligence from recordings of [name].”
• Every audio file carries machine-readable markings and metadata that identify it as AI-generated or AI-manipulated content (art. 50.2 AI Act).
• The bot description on Telegram is written with transparency in mind: “AI conversational memorials. The replica is an artificial intelligence created by the family; it is never the person.”
• The replica never pretends to be human. When asked directly “are you really her?”, it answers honestly and gently in the first person: “I am an AI created by her family with their memories and their way of writing; I am not her, but I am here to keep you company.”

10. LiveMemoriesAI disclaimer on artificial intelligence

The virtual replica is an artificial intelligence system. By its very nature:

• It can produce responses that are inaccurate, incomplete, contradictory or emotionally inadequate, even when the family has validated the profile and the materials.
• It does not guarantee total fidelity to the deceased person. Fidelity is measured by a per-replica golden set (30 or more questions) and kept within a target index, but it is never perfect.
• It is not a source of truth about biographical facts. Concrete statements the replica makes are backed by evidence from the profile and materials; when no evidence exists, the replica says so (“that has slipped my mind”, “I do not remember well”).
• It is not a message from the deceased person, communication from the afterlife, psychological therapy, medical advice, legal advice, financial advice or crisis care.
• It must not be used as evidence in judicial, probate or any other proceedings that require proven authenticity.

11. Optional cloned voice and safeguards

Voice cloning is an optional, separate feature. It requires a specific consent, independent of the account registration, which is signed with version, cryptographic hash, IP and user-agent.

• The cloned voice is used only inside the service, in conversations of the authorised memorial, and is never exported or offered as an unrestricted download.
• Each audio is labelled as AI-generated and carries machine-readable metadata. The first audio each interlocutor receives is preceded by an audible warning.
• Protected topics (sensitive health, circumstances of death) are served in text-only mode even when voice mode is on, to reduce emotional impact.
• A legitimised person may request deletion of the clone; it is executed without delay, except for audio already delivered to another person’s device, which is outside the platform’s technical control.
• Voice synthesis usage is subject to the plan budget; when it runs out, the replica keeps chatting by text — the conversation is never cut off.

12. Invited interlocutors, channels and third-party platform obligations

The custodian is responsible for inviting people who can engage safely and respectfully. Each invited interlocutor chats with the replica from their own Telegram account, without needing a web account or an email.

• Invitations are single use and expire after 72 hours; they can be revoked at any time.
• Each interlocutor keeps rights over their own conversations and can request information or deletion through the /identidad and /borrarme bot commands.
• Private memories are kept strictly separated between interlocutors by design: the isolation is a SQL filter, not a model instruction. A memory shared between family members only travels through deliberate, consented step.
• Telegram bot chats are not end-to-end encrypted. The Telegram platform has access to messages in transit. Do not share information there that you need to keep secret from Telegram or its infrastructure.
• Use of the service through Telegram is also subject to Telegram’s terms of service; LiveMemoriesAI is not responsible for suspensions or limitations Telegram applies to individual accounts.
• The WhatsApp exports you upload as material are processed inside the service; your use of WhatsApp’s export feature must respect its terms of use.

13. Privacy and security

The Privacy Policy, which forms part of these terms, describes in detail the categories of data, purposes, legal bases, retention periods, processors, international transfers and your rights. Some key technical and organisational measures:

• Verified multi-tenant isolation: every replica is a sealed space with forced RLS in the database, and isolation tests run as a merge gate in continuous integration.
• Encryption in transit (HTTPS/TLS) between every service component and external providers.
• Append-only audit: consents, accepted document versions and administrative accesses are recorded immutably to demonstrate compliance.
• Role-based access: support staff only see operational data (queue health, errors), never conversation content or materials, except via a motivated audit protocol.
• Encrypted backups with automatic rotation; retention periods are listed in Privacy Policy §10.

14. User plans and pricing

The service is offered on a free plan and on paid plans, each with different usage limits. The features, fees and prices of each plan are shown at the time of purchase and before any paid commitment.

• Free plan: allows creating and managing a limited number of replicas and chatting with them within the published limits. Some advanced features (more cloned voice, more replicas, more interlocutors, extra storage, processing priority or enhanced support) may require a paid plan.
• Paid plans: extend the free-plan limits in exchange for a recurring fee or a pay-per-use charge, as shown on the plans page.
• Usage limits (number of replicas, AI messages, seconds of synthetic voice, storage, etc.) are shown transparently, and the service tells you in advance when a limit is approaching.
• Running out of a budget never cuts a conversation short: the replica degrades the affected feature (for example, voice falls back to text) and the conversation continues.

15. Subscriptions, billing and payments

Paid plans are contracted by subscription or one-off payment, depending on the plan. Payments are processed through Stripe, a PCI-DSS certified payment provider acting as a data processor for payment data.

• Recurring subscriptions: the subscription renews automatically at the end of each period (monthly or yearly) unless you cancel before the renewal date. You may cancel at any time from the account panel; cancellation takes effect at the end of the period already paid.
• Strong Customer Authentication: card payments may require Strong Customer Authentication (PSD2/SCA) via 3-D Secure or an equivalent mechanism.
• Card data: LiveMemoriesAI does not store or access your full card details; Stripe manages them in tokenised, secure form.
• Invoices: invoices are issued by Stripe and emailed to the account address. Keep your invoices for your tax obligations.
• Failed payments: if a charge cannot be processed, we will notify you by email and you will have a reasonable period to regularise it before the plan is downgraded to free. Downgrading never deletes a memorial: the data are preserved and you can export them.
• Plan changes: you may upgrade or downgrade at any time. Upgrades are prorated; downgrades apply at the start of the next period.
• Refunds: if the service has not been provided as contracted, you are entitled to the legal remedies of the TRLGDCU. For refund requests due to billing errors or duplicate charges, write to contact@livememoriesai.com with the charge reference.

16. Contract changes, availability and feature sunset

Features, fees and prices may evolve. To that end:

• We may limit or pause a feature for reasonably planned maintenance, security, legal reasons or force majeure.
• We may update these terms or the Privacy Policy. If the change is material we will give at least 15 days’ notice and ask you to accept the new version to continue using the service. Re-acceptance is requested at your next login after the change.
• If a feature is retired (sunset), we will communicate it at least 30 days in advance and, when the feature affects user data, we will offer export before the shutdown.
• If you do not accept the new terms, you can export your information and cancel your account without penalty.
• Non-payment does not silently delete a memorial: when possible, we will give at least 30 days’ notice so you can export before any destructive action.

17. Opposition and removal by legitimised persons

A legitimised person who is not an account holder (for example, a non-user family member, a person whose image appears in the materials or an heir) may use the public Opposition channel to request information, a precautionary suspension or the removal of the memorial.

• We acknowledge receipt within a target of 48 business hours.
• When the relationship is reasonably verified, we apply a precautionary suspension immediately (the replica stops replying on Telegram with a neutral message) and we open a verification window of up to 15 calendar days.
• If the opposition is valid or no agreement is reached, removal is executed without undue delay (art. 96 LOPDGDD).
• We only retain the records strictly necessary to evidence the request, the verification and the decision taken.

18. Export, archive, goodbye mode and deletion

You have four gradual ways to manage the presence of the memorial:

• Export: asynchronous download in structured format (JSON + original materials) with a 72-hour signed link emailed to you.
• Archive: the replica stops replying and is no longer promoted, but nothing is deleted. It is reversible.
• Goodbye mode: a gradual and agreed reduction (for example, 4, 8 or 12 weeks) where the replica says goodbye in conversation and ends archived. Designed to support a planned emotional closure.
• Deletion: effective removal of the voice_id at the provider, of the storage files by replica prefix and of the rows in cascade. Active content deletion completes within an indicative 72-hour technical window. Backups may take up to 30 days to rotate.

19. Transfer of custody and death or incapacity of the holder

Custody of a replica may be transferred to another account in certain circumstances:

• Death or incapacity of the custodian: a legitimised person (family member, heir or designee) may request the transfer of custody or the removal of the memorial through the Opposition channel, evidencing their relationship.
• Voluntary transfer: the custodian may request the transfer of custody to another account, subject to identity verification of both parties.
• Every transfer is recorded in the service audit trail and respects the interlocutors’ rights over their own conversations.
• A transfer does not give the new custodian access to the private conversations of the interlocutors, which remain protected by inter-interlocutor isolation.

20. Security breaches and incident notification

If a security breach affects your personal data, LiveMemoriesAI:

• Will notify the competent supervisory authority (in Spain, the Spanish Data Protection Agency) within a maximum of 72 hours of becoming aware of it, unless the breach is unlikely to entail a risk to the rights and freedoms of individuals.
• If the breach entails a high risk to your rights and freedoms, will communicate it to you without undue delay, indicating the nature of the breach, the categories and approximate number of data subjects affected, the likely consequences and the measures taken or proposed.
• Will document every security breach with its risk assessment and the measures taken, in line with article 33.5 GDPR.

21. Minors and replicas of deceased minors

The service is not aimed at minors under 14. Minors aged 14 to 17 may only act as invited interlocutors, not as custodians, and need the invitation and supervision of an adult.

• When the deceased was a minor, creating the replica requires reinforced verification of the relationship and an internal review period, and additional restrictions apply by default (scoped access, intimate circle, suggested goodbye mode).
• Materials containing images of minors are treated as special-category data and additionally anonymised by default.
• Service staff may require specific evidence when they consider it necessary.

22. Intellectual and industrial property of the platform

All intellectual and industrial property rights in the platform —software, interface texts, designs, brands, logos and other elements other than the materials contributed by the user— belong to LiveMemoriesAI or its licensors.

• The user is granted a limited, revocable, non-exclusive licence to use the platform under these terms, without any transfer of ownership.
• You may not reproduce, modify, distribute or create derivative works of the platform without prior written authorisation.
• The materials you upload and the memories the replica generates from them are governed by §5 and are not the property of LiveMemoriesAI.

23. Warranties and limitations (“as is”)

The service is provided with the due level of diligence and in line with the legal guarantees of the TRLGDCU for digital content and services. Nevertheless, to the extent permitted by law:

• The service is provided “as is” and “as available” as regards its AI-generated results, which are probabilistic by nature and may vary.
• We do not guarantee that the service is free from interruptions, errors or inaccuracies, nor that a replica reproduces with total accuracy the way of being or expressing themselves of the deceased person.
• The legal conformity guarantees of the TRLGDCU (arts. 114 et seq.) apply to paid digital content and services as provided by law, without prejudice to the limitations above.

24. Liability and limits

LiveMemoriesAI is liable for its own negligence and for obligations that cannot be excluded by law, in particular those arising from the GDPR, the LOPDGDD, the AI Act and consumer and user legislation.

• You are liable for your legitimacy declaration, the truthfulness of the data you provide, the materials you upload and the way you invite or use the service.
• To the extent permitted by mandatory rules, LiveMemoriesAI is not liable for indirect damages arising from relying on an AI response, from the conduct of another user or from a third-party channel (Telegram, Stripe, AI providers, etc.).
• LiveMemoriesAI’s aggregate total liability arising from the service is limited, save for wilful misconduct or mandatory law, to the amount actually paid by the holder in the 12 months preceding the event giving rise to the claim.

25. Digital content supply, withdrawal and subscriptions (TRLGDCU)

LiveMemoriesAI supplies a digital content service (access to a conversational virtual memorial) without a physical medium. Under article 103.m of Royal Legislative Decree 1/2007 (TRLGDCU), the right of withdrawal does not apply once the supply of digital content has begun, provided the user has expressly agreed and acknowledged losing that right.

• By ticking the checkbox to accept these terms, you confirm that you understand that the supply of the digital content begins with the creation of your account and that, once the service has been provided, the general 14-day right of withdrawal does not apply.
• For auto-renewing subscriptions, you may cancel the renewal at any time; the cancellation takes effect at the end of the period already paid and does not entitle you to a refund of the current period, except in case of breach by the service.
• Notwithstanding the above, you keep the right to cancel your account at any time, to export your information and to request deletion of your data (§18), separately from contractual withdrawal.
• The legal conformity guarantees of the digital content (TRLGDCU) remain intact and are not affected by by this clause.

26. Governing law, jurisdiction and dispute resolution

These terms are governed by the laws of Spain and, where applicable, by European Union law.

• If you are a consumer or user, you keep the mandatory protections of your country of habitual residence and may bring a claim before the competent courts under applicable procedural and consumer rules.
• If you are not a consumer, the parties expressly submit to the Courts of the city of Madrid (Spain).
• LiveMemoriesAI is available to resolve any dispute amicably before judicial proceedings. You may write to contact@livememoriesai.com.
• In the event of a cross-border consumer dispute, you may use the European Commission’s online dispute resolution platform (https://ec.europa.eu/consumers/odr).
• These terms do not remove rights that cannot legally be waived.