Terms of Use
Last revised: 25 June 2026
These Terms of Use govern your use of the Be The Meme app and website. By downloading, accessing or using Be The Meme, you agree to them.
1. Contract partners and subject matter
These Terms of Use form the basis of the agreement between you and Ilya Malyanov, Kochhannstr. 30, 10429 Berlin, Germany (hereinafter "the Provider", "we", "us" or "our"). The subject matter of the contract is the free or paid use of the services we offer in the Be The Meme mobile application (the "App") and on our website https://bethememe.app (hereinafter together with the App collectively the "Services").
Be The Meme is a social party game: you are shown a meme image and recreate the facial expression using your device's camera, producing a photo or short clip you can keep or share.
2. Additional terms and conditions
We reserve the right to make the use of certain Services subject to additional terms. We will notify you before such additional terms apply.
If you downloaded the App from a third-party app store, that store's terms apply in addition to these Terms of Use. For the Apple App Store, this includes Apple's "Licensed Application End User License Agreement". Please review the terms that apply in your country. In the event of any conflict, these Terms of Use prevail over the standard store EULA to the extent legally permitted.
3. Updates
We may, from time to time, release new versions of the App ("Updates"), or introduce new tools, services or features, which will be subject to these Terms and any additional terms that apply to them.
We may suspend, discontinue, limit or amend all or part of the Services and their content at any time — for example, to reflect changes in the law or technical developments — temporarily or permanently. We will take your reasonable interests into account and will use reasonable efforts to notify you of significant changes in advance. Access may be restricted from time to time for repairs, maintenance or updates. You agree that we are under no obligation to provide Updates or to continue any particular feature.
4. In-app purchases and subscriptions
We may offer parts of the Services free of charge and others for a one-time fee, on a subscription basis, or under another lawful pricing structure. In all cases, the Services are not sold to you; you are granted a limited, personal, non-transferable license to use them.
4.1 Be The Meme Premium
You can subscribe to Be The Meme Premium to unlock all Premium features (for example: the full meme pack library, weekly fresh drops, larger party games, and the option to remove the watermark from your exports).
- Weekly subscription ("Premium Weekly") — billed weekly at the price shown in the App, which may include an introductory free trial.
- Lifetime ("Premium Lifetime") — a one-time purchase granting Premium features for the lifetime of the App on your account, with no recurring charge.
Auto-renewal terms (subscriptions): Payment is charged to your Apple ID account at confirmation of purchase. Your subscription automatically renews at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period. You can manage your subscription and turn off auto-renewal in your Apple ID Account Settings after purchase. Any unused portion of a free trial period is forfeited when you purchase a subscription. Prices are shown in the App and may vary by region and over time.
Refunds for App Store purchases are handled by Apple in accordance with Apple's policies; we do not process App Store refunds directly.
5. Third-party content and services
The Services may contain links to, or make available content or services from, third parties. All such content and services are subject to the terms and policies of those third parties. We expressly disclaim responsibility for third-party content and services, and you are responsible for complying with any applicable third-party terms.
The App may display content (including images, videos, GIFs and other data) that may be subject to copyright and other intellectual-property rights. This content is provided to you "AS IS" for your information and personal, non-commercial use only. You use this content at your own risk and discretion.
6. Copyright and Notice & Takedown
We respect the intellectual-property rights of others and expect users of the Services to do the same.
6.1 Your content
You are solely responsible for your use of the Services and for any content you create, capture, record, or share using the Services — including your camera captures, recordings, stills and clips (together, "Your Content"). Your Content is created and stored on your device by default and is owned and controlled by you. We do not claim ownership of Your Content. You are responsible for obtaining any consent required from other people who appear in Your Content before you share it.
6.2 Notice & Takedown policy
If you believe content available in the App infringes your copyright (or other proprietary rights, including trademark or personality rights), please notify us in writing with: (a) a statement that you have identified infringing content; (b) a description of the work you claim is infringed; (c) a description of the content you claim is infringing and exactly where it appears in the App (e.g. pack and image); (d) your contact details (full name, address, telephone, valid email); (e) a statement that you have a good-faith belief the use is not authorized by the rights holder, its agent, or the law; and (f) a statement that the information is accurate and that you are authorized to act on behalf of the rights holder.
Send your notice to support@bethememe.app or by mail to Ilya Malyanov, Kochhannstr. 30, 10429 Berlin, Germany. We will review valid notices promptly and remove or disable access to content where appropriate.
7. Acceptable use
You agree not to use the Services to create, store or share content that is unlawful, infringing, defamatory, harassing, hateful, sexually explicit involving minors, or that violates the rights or privacy of others, and not to use the Services in any way that violates applicable law. We may remove content or restrict access where we reasonably believe these Terms have been violated. Because Be The Meme stores your captures on your device and does not host a public feed of user content, you are responsible for what you choose to share to other platforms.
8. Your suggestions
Any feedback, ideas, improvements or suggestions ("Suggestions") you provide regarding the App remain our sole property. We are free to use, copy, modify, publish and redistribute Suggestions for any purpose without credit or compensation to you.
9. Privacy
We process personal data in connection with your use of the Services in accordance with applicable data-protection law and our Privacy Policy, which forms part of these Terms.
10. Liability
We are liable in accordance with statutory provisions, subject to the following: We are liable without limitation for damages arising from injury to life, body or health, for damages caused intentionally or by gross negligence, for damages due to the absence of a guaranteed characteristic, and under the German Product Liability Act (Produkthaftungsgesetz). For slight negligence, we are liable only for breach of a material contractual obligation (a "cardinal duty" — an obligation whose fulfilment is essential to the proper performance of the contract and on which you may reasonably rely), and such liability is limited to foreseeable, contract-typical damages. Where damage results from loss of data, our liability is limited to the effort that would have been required had you regularly and completely backed up your data. Any further liability is excluded.
11. Changes; assignment
We may transfer our rights and obligations under this agreement, in whole or in part, to a third party. If we do, we will publish an update with the necessary information; if you download the update you may continue using the App on the third party's terms. You may terminate this license at any time by ceasing to use and deleting the App.
12. Final provisions
The law of the Federal Republic of Germany applies exclusively to these Terms of Use, excluding the German rules on conflict of laws. Mandatory consumer-protection rules of your country of habitual residence remain unaffected where they provide greater protection. If you are an entrepreneur, a legal person under public law, or a special fund under public law, the exclusive place of jurisdiction for disputes arising from these Terms is our place of business in Berlin, Germany. Should any provision of these Terms be or become invalid, the validity of the remaining provisions is unaffected.