Terms of Service

Last Updated: June 19, 2026

These Terms of Service ("Terms") govern your access to and use of the Memfect website at https://memfect.com, the Memfect desktop application, the Memfect Web Clipper browser extension, and any related software, features, or services (collectively, the "Service"), provided by FastProducts, LLC (the "Company," "we," "us," or "our").

1. Acceptance of Terms

By accessing, downloading, installing, or using the Service in any way, you agree to be bound by these Terms. No signature or separate acceptance is required. If you do not agree to these Terms, do not use the Service.

We reserve the right to modify these Terms at any time, with or without notice. Changes are effective when posted at https://memfect.com. Your continued use of the Service after any modification constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

2. Service Description

The Service may include, without limitation: a desktop application for creating, organizing, and linking markdown notes; local file storage and search; optional AI-assisted features; a browser extension for clipping web content into the desktop application; software downloads and automatic updates; optional email updates about releases and the Service; and a marketing website.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and without liability to you. We make no guarantee of availability, uptime, or any specific functionality.

Beta and pre-release features. We may offer features identified as beta, preview, early access, or "coming soon." Such features are provided strictly as-is, may be changed or withdrawn at any time, and may be subject to additional terms.

3. User Responsibilities

• You are solely responsible for the content you create, store, import, or clip using the Service, and for maintaining regular, independent backups of your data. The Memfect desktop application stores data locally on your device; we do not store or back up your notes, and you assume all risk of loss, corruption, or inaccessibility of your data, however caused.
• You are solely responsible for the security of your devices and of any credentials (including third-party API keys) you configure within the Service.
• You must provide accurate, current, and complete information in any communication with us, including any email address you submit to receive updates. You represent that any email address you submit belongs to you or that you are authorized to use it.
• We have no obligation to verify your identity.

4. Acceptable Use Policy

You agree NOT to, and not to attempt to:

• Use the Service for any illegal purpose or in violation of any applicable law or regulation;
• Reverse engineer, decompile, or disassemble any part of the Service, except where such restriction is prohibited by law;
• Circumvent, disable, or interfere with security features of the Service, including code signing and update mechanisms;
• Use the Service to infringe the intellectual property rights of others, including by clipping and redistributing copyrighted content without authorization;
• Interfere with or disrupt the Service, its servers, or its networks;
• Access the Service or its distribution infrastructure by automated means without our prior written permission;
• Submit email addresses you do not own or control, or use the Service's forms to send spam or to harass others;
• Transmit malware, viruses, or any other harmful code through or to the Service;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Harass, abuse, or harm another person through use of the Service.

5. Intellectual Property

All software, content, code, design, logos, and trademarks comprising the Service are the property of the Company or its licensors. You receive a limited, non-exclusive, non-transferable, revocable license to use the Service for personal or internal business purposes in accordance with these Terms.

Your content remains yours. Notes, files, and clips you create or store with the Memfect desktop application reside on your own device, and we claim no ownership of and no license to them. For any content you voluntarily submit to us (such as feedback, bug reports, or suggestions), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, distribute, display, and create derivative works from that content, without compensation or attribution. You represent that you have the right to grant this license.

Open-source components. The Service incorporates open-source software components licensed under their own terms. Those licenses govern your use of the respective components and nothing in these Terms restricts rights granted to you under them.

6. Third-Party Services and API Keys

The Service may allow you to connect optional third-party services (for example, AI model providers such as OpenAI, Google, or Anthropic) using your own API keys. Your use of any third-party service is governed solely by that third party's terms and policies. You are solely responsible for all fees, usage, and compliance associated with your own API keys. We are not a party to, and accept no liability arising from, your relationship with any third-party service.

7. Email Communications

If you submit your email address (for example, to receive release updates), you consent to receive: (a) a confirmation/welcome email; (b) the updates you requested; and (c) administrative or legal notices about the Service. You may stop receiving non-essential emails at any time by using the unsubscribe link included in those emails or by contacting info@fastproducts.io. Consent to receive emails is not a condition of downloading or using the Service. We may use third-party providers to deliver email on our behalf.

8. Fees and Paid Features

The Service is currently offered free of charge. We reserve the right to introduce fees for new or existing features at any time. If we introduce paid features:

• Pricing will be disclosed before you incur any charge, and continued use of a paid feature after a price change constitutes acceptance of the new price;
• All fees will be non-refundable except where a refund is expressly required by applicable law;
• Any subscriptions will renew automatically unless cancelled before the renewal date;
• You will be responsible for all applicable taxes, duties, and levies;
• We may suspend or terminate access to paid features immediately for non-payment.

Nothing in these Terms obligates the Company to continue offering any feature free of charge.

9. Software Updates

The desktop application may check for, download, and install updates automatically. Updates may add, modify, or remove functionality. By using the application you consent to such updates. We are not obligated to provide updates or to maintain backwards compatibility, and we may require an update as a condition of continued use.

Distribution platforms. If you obtain any part of the Service through a third-party distribution platform or marketplace (for example, the Chrome Web Store), your download and use of that component may also be subject to the platform's own terms and policies, and the platform may modify, remove, or restrict the component independently of us. Those platforms are not parties to these Terms and have no obligations to you under them.

10. Copyright Complaints

We respect intellectual property rights. If you believe content distributed through the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) (identification of the work, the allegedly infringing material, your contact information, a good-faith statement, a statement of accuracy under penalty of perjury, and your physical or electronic signature) to info@fastproducts.io. We may remove allegedly infringing material and may terminate access for repeat infringers. Note that content you clip or store with the desktop application resides on your own device and is your sole responsibility.

11. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach any provision of these Terms. You may terminate by discontinuing use of the Service and uninstalling the software. Upon termination, your license to use the Service ceases immediately. Locally stored data remains on your device and under your control.

Survival: All provisions that by their nature should survive termination shall survive, including without limitation: intellectual property provisions, warranty disclaimers, limitation of liability, assumption of risk, release, indemnification, time limits on claims, and dispute resolution.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, UNINTERRUPTED OR ERROR-FREE OPERATION, SECURITY, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT RESULTS OBTAINED FROM USE OF THE SERVICE (INCLUDING ANY AI-GENERATED OUTPUT) WILL BE ACCURATE OR RELIABLE, THAT YOUR DATA WILL NOT BE LOST OR CORRUPTED, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SERVICE (INCLUDING AI-GENERATED OUTPUT), CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS, AND NONE OF IT CONSTITUTES PROFESSIONAL ADVICE OF ANY KIND (LEGAL, MEDICAL, FINANCIAL, OR OTHERWISE).

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING TO CLAIMS BASED ON NEGLIGENCE.

High-risk use. THE SERVICE IS NOT DESIGNED, INTENDED, OR LICENSED FOR USE IN ANY ENVIRONMENT WHERE FAILURE, ERROR, OR DATA LOSS COULD LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE (INCLUDING, WITHOUT LIMITATION, MEDICAL, LIFE-SUPPORT, EMERGENCY-RESPONSE, OR SAFETY-CRITICAL SYSTEMS). ANY SUCH USE IS AT YOUR SOLE RISK, AND YOU ALONE ARE RESPONSIBLE FOR ALL RESULTING LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• USE OF OR INABILITY TO USE THE SERVICE;
• ANY LOSS OR CORRUPTION OF DATA STORED WITH OR PROCESSED BY THE SERVICE;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION;
• ANY INTERRUPTION OR CESSATION OF THE SERVICE;
• ANY BUGS, VIRUSES, OR SIMILAR ISSUES TRANSMITTED THROUGH THE SERVICE;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING AI-GENERATED CONTENT;
• ANY THIRD-PARTY CONDUCT OR THIRD-PARTY SERVICES CONNECTED TO THE SERVICE.

WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND — WHETHER DIRECT, INDIRECT, OR OTHERWISE — FOR ANY LOSS, CORRUPTION, DELETION, FAILURE TO STORE, OR INABILITY TO ACCESS ANY DATA, NOTES, FILES, OR OTHER CONTENT, INCLUDING LOSS CAUSED BY SOFTWARE DEFECTS, UPDATES, SYNCHRONIZATION, OR YOUR FAILURE TO MAINTAIN BACKUPS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DATA LOSS IS RESTORATION FROM YOUR OWN BACKUPS.

THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) TEN US DOLLARS ($10.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS IN THESE TERMS ARE AN ESSENTIAL BASIS OF THE BARGAIN, REFLECT A REASONABLE ALLOCATION OF RISK FOR A SERVICE PROVIDED FREE OF CHARGE, AND THAT, ABSENT THEM, THE TERMS ON WHICH THE SERVICE IS PROVIDED WOULD BE MATERIALLY DIFFERENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Assumption of Risk; Sole Remedy; Release

Assumption of risk. You acknowledge that the Service is provided free of charge, that software inherently contains defects, and that you use the Service — including for storing or processing data you consider important — entirely at your own risk. You assume all risk arising from your use of the Service, including the risk of data loss, data corruption, downtime, inaccurate output (including AI-generated output), and incompatibility with your systems. AI-generated output may be inaccurate, incomplete, or misleading; you are solely responsible for independently reviewing and verifying any such output before relying on it, and you must not rely on it as a substitute for professional advice.

Sole and exclusive remedy. Your sole and exclusive remedy for any dissatisfaction with the Service, any defect in the Service, or any breach of these Terms by the Company is to stop using the Service and uninstall the software.

Release. To the maximum extent permitted by law, you release and forever discharge the Company, its officers, directors, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from any and all claims, demands, and damages (actual and consequential) of every kind, known or unknown, arising out of or in any way connected with your use of the Service, your data, or disputes with third parties (including third-party services you connect or content you clip from the web). IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right (including content you clip from the web); or (d) any content you submit or transmit through the Service. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with that defense.

16. Time Limit on Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUED, OR IT IS PERMANENTLY BARRED.

17. Dispute Resolution and Arbitration

Informal resolution first. Before initiating arbitration, you must send a written notice of dispute to info@fastproducts.io describing the dispute and the relief sought, and the parties shall attempt in good faith to resolve the dispute informally for sixty (60) days from receipt of the notice. Completing this process is a condition precedent to initiating arbitration.

Mandatory binding arbitration. Any dispute arising from or relating to these Terms or the Service that is not resolved informally shall be resolved by binding arbitration conducted on an individual basis under the Consumer Arbitration Rules of the American Arbitration Association (AAA) in Wilmington, Delaware, rather than in court, except as provided below.

Federal Arbitration Act. This arbitration provision evidences a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this provision. This provision survives termination of these Terms.

Delegation. The arbitrator, and not any federal, state, or local court, has exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or any part of it is void or voidable; provided, however, that the enforceability of the class action and representative-action waiver below shall be decided by a court and not the arbitrator.

Class action and jury trial waiver. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE PERSONS. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL.

Coordinated filings. If twenty-five (25) or more demands for arbitration raising similar claims are filed against the Company by the same or coordinated counsel, the parties agree the demands shall be resolved in staged proceedings: ten (10) bellwether arbitrations proceed first, and the remaining demands are held in abeyance (with applicable statutes of limitations tolled) pending their resolution and good-faith settlement discussions.

Each party bears its own arbitration costs; filing fees are allocated per AAA rules. Small claims exception: either party may bring qualifying claims in small claims court. Injunctive relief exception: the Company may seek injunctive relief in any court of competent jurisdiction for intellectual property violations or unauthorized access. 30-day opt-out: you may opt out of this arbitration provision by sending written notice to info@fastproducts.io within 30 days of first using the Service.

18. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions. You consent to the exclusive jurisdiction and venue of the courts located in Delaware for any action not subject to arbitration.

19. Export Controls and Sanctions

The software may be subject to United States export control and sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list. You agree not to export, re-export, or transfer the software in violation of applicable export control or sanctions laws.

20. Assignment

The Company may assign or transfer these Terms, in whole or in part, at any time without notice, including in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or transfer these Terms or any rights under them without our prior written consent; any attempted assignment in violation of this section is void.

21. Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable. If the class action waiver in Section 17 is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court rather than arbitration.

22. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service. Failure to enforce any right or provision is not a waiver of that or any other right or provision. No waiver shall be effective unless in writing and signed by the Company.

23. Force Majeure

The Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, infrastructure failures, or internet or power outages.

24. No Third-Party Beneficiaries

These Terms are for the sole benefit of you and the Company and, where expressly stated, the Company's officers, directors, members, employees, contractors, agents, licensors, suppliers, successors, and assigns (as indemnified or released parties). Nothing in these Terms, express or implied, confers any right, benefit, or remedy on any other person or entity.

25. Electronic Communications and Notices

By using the Service or submitting your email address, you consent to receive communications and notices from us in electronic form, whether by email to an address you provide or by posting on the website, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may withdraw this consent only by ceasing to use the Service, which may prevent you from receiving the Service. We may give notice to you by email, by posting on the website, or through the Service; notices are deemed given when sent or posted. You must send legal notices to us at info@fastproducts.io, and they are deemed given when we receive them. It is your responsibility to keep any email address you provide current.

26. U.S. Government End Users

The software is a "commercial product," consisting of "commercial computer software" and "commercial computer software documentation," as those terms are used in 48 C.F.R. § 2.101. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, any U.S. Government end user acquires the software with only those rights set forth in these Terms.

27. Language

These Terms and all related communications are in the English language. Any translation is provided for convenience only. In the event of any conflict or inconsistency, the English-language version controls. To the extent permitted by law, you waive any right to have these Terms construed or interpreted in any language other than English.

28. Interpretation

Section headings are for convenience only and do not affect interpretation. The words "include," "includes," and "including" mean "including without limitation." "Or" is not exclusive. The singular includes the plural and vice versa. These Terms shall not be construed against the drafter, and no rule of strict construction shall apply against the Company.

29. Privacy Policy

Our Privacy Policy, available at https://memfect.com/privacy/, describes how we handle information and is incorporated by reference into these Terms.

30. Contact

Questions about these Terms: info@fastproducts.io.