Terms and Conditions

Effective date September 9, 2026

These Terms and Conditions govern your access to NamedMemories.com and your purchase or use of Named Memories products and memberships. By using the website or placing an order, you agree to these Terms.

1 Eligibility and Acceptance

You must be at least 18 years old and legally able to enter into a contract to purchase from Named Memories. If you place an order for another person, you represent that you have authority to provide the submitted information and photograph.

2 The Named Memories Service

Named Memories transforms a customer-supplied photograph into a personalized graphite-style digital portrait and adds the customer-supplied name, title, or date. Digital delivery is ordinarily targeted within 24 hours after we receive the photograph, wording, payment, and any information needed to complete the order. The 24-hour period is an estimate, not a guarantee, and may be affected by order volume, image quality, revisions, technical issues, or customer response time.

The service is a creative transformation. Screen settings, printers, paper, cropping, and production processes may cause differences in appearance. We do not guarantee that every photograph is suitable or that the output will meet every subjective preference, but we will follow the approval and correction process in the Refund and Cancellation Policy.

3 Customer Content and Permissions

You retain your rights in the photograph and other content you submit. You grant Named Memories and its service providers a limited, nonexclusive license to access, copy, process, modify, and transmit that content solely as needed to create, revise, deliver, and support your order and fulfill legal obligations.

You represent that you own the submitted content or have permission from the owner and any identifiable person necessary to use it for the requested portrait. You may not submit content that is unlawful, infringing, deceptive, threatening, exploitative, or otherwise violates another person's rights. We may decline or cancel an order that we reasonably believe violates these Terms and will handle any refund according to the status of the work.

4 Portrait Rights and Permitted Use

After full payment, you may download, print, display, and share the delivered portrait for personal, noncommercial purposes. You may not resell the portrait, remove or misrepresent Named Memories branding, use it as a trademark, or use it in commercial merchandise or advertising without written permission. Named Memories retains ownership of its name, website, templates, layout, branding, processes, and other preexisting materials. To the extent legally permitted, no rights are granted beyond those expressly stated here.

5 Customer Approval

You are responsible for supplying accurate spelling, punctuation, names, titles, dates, and instructions. We will correct our transcription or production errors without charge when reported promptly. When a proof or approval request is provided, carefully review the image, wording, and layout before approving it. Approval authorizes final digital delivery and, when purchased, printing. Changes requested after approval may require an additional fee.

6 Prices Payment and Taxes

Current prices and included features are shown at checkout. Prices may change for future purchases or membership renewals after any notice required by law. You authorize our payment provider to charge the payment method selected at checkout, including recurring membership charges. Applicable taxes, shipping, or other disclosed charges may be added.

7 Membership Terms

The Named Memories Membership currently includes up to four personalized digital Named Memories during each monthly billing period for the price displayed at checkout. Unused portraits do not roll over to a later billing period. Printed copies may be purchased at the then-current member price. The membership renews automatically each month until canceled.

You may cancel at any time before the next renewal through any cancellation method made available with your purchase or by emailing [email protected]. Cancellation stops future renewal charges and does not retroactively refund the current billing period. You may use any remaining benefits through the end of the paid billing period unless the membership is terminated for misuse or otherwise required by law. Cancellation and refund details appear in the Refund and Cancellation Policy.

8 Acceptable Use

You may not interfere with the website, attempt unauthorized access, introduce malicious code, scrape or copy substantial portions of the website, impersonate another person, commit fraud, or use the service in violation of law or another person's rights.

9 Third Party Services

The website relies on third-party services, including Kajabi and payment, email, analytics, printing, and delivery providers. Those services may have separate terms and privacy practices. Named Memories is not responsible for a third party's independent acts, outages, or policies, except to the extent responsibility cannot legally be excluded.

10 Disclaimers and Limitation of Liability

To the fullest extent permitted by law, the website and services are provided on an as-available basis without warranties not expressly stated in these Terms. Named Memories does not warrant uninterrupted access or error-free operation. Nothing in these Terms excludes warranties, remedies, or liabilities that cannot legally be excluded.

To the fullest extent permitted by law, Named Memories will not be liable for indirect, incidental, special, consequential, or punitive damages arising from the website or services. Named Memories' aggregate liability concerning a particular order will not exceed the amount paid for that order or, for a membership claim, the amount paid during the three months preceding the event giving rise to the claim. These limits do not apply where prohibited by law.

11 Indemnity

To the extent permitted by law, you agree to defend and indemnify Named Memories against third-party claims arising from content you submit, your lack of permission to use that content, your unlawful use of the service, or your material violation of these Terms.

12 Governing Law and Disputes

California law governs these Terms without regard to conflict-of-law principles. Before filing a formal claim, you and Named Memories agree to make a good-faith effort to resolve the dispute by contacting the other party. Any court proceeding shall be brought in a court of competent jurisdiction serving Solano County, California, unless consumer law requires another location.

13 Changes Severability and Contact

We may update these Terms for future use of the website and future purchases. Changes to an active membership will be handled with any notice required by law. If a provision is unenforceable, the remaining provisions remain effective. Our failure to enforce a provision is not a waiver.

Questions about these Terms may be sent to [email protected].