Terms of Service
Please read these Terms of Service ("Terms") carefully before using Momentary Momentos (the "App"), operated by Momentary Momentos ("we", "us", or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
1. Eligibility
You must be at least 13 years of age to use the App. By using the App, you represent that you meet this age requirement. If you are under 18, you represent that a parent or guardian has reviewed and agreed to these Terms on your behalf. We do not knowingly permit accounts for children under 13.
2. Your Account
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activity that occurs under your account.
- You agree to provide accurate information when registering and to keep it up to date.
- You may not share your account or transfer it to another person.
- Notify us immediately at support@momentarymomentos.com if you believe your account has been compromised.
3. Description of Service
Momentary Momentos lets you record short 10-second video memories, tag them with emotions, and rediscover them through a personalized "Surprise Me" feature. The App is available on Android and iOS. Features and storage limits vary by subscription plan.
4. Subscription Plans and Billing
The App offers the following plans:
- Free: Store up to 100 video memories.
- Monthly Premium — $4.99/month: Store up to 1,000 video memories and access all premium features.
- Annual Premium — $49.99/year: Same as Monthly Premium, billed annually (equivalent to about $4.17/month).
Subscriptions are purchased through and managed by the app store you downloaded the App from (Google Play or the Apple App Store). Payment is charged to your store account at confirmation of purchase. Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. You can manage or cancel your subscription at any time in your Google Play or Apple ID account settings.
We do not issue refunds for partial subscription periods, except where required by applicable law. Refund requests related to billing errors should be directed to Google Play or Apple Support, respectively.
5. Your Content
You retain ownership of all videos, titles, and tags you create in the App ("Your Content"). By uploading content, you grant us a limited, non-exclusive license to store, display, and deliver that content solely to provide the App's services to you. We do not use your content for any other purpose, including advertising.
You are solely responsible for Your Content. You agree not to upload content that:
- Infringes the copyright, trademark, or other intellectual property rights of any third party.
- Contains nudity, graphic violence, hate speech, or material that is illegal in your jurisdiction.
- Depicts or endangers minors in any way.
- Impersonates another person or entity.
We reserve the right to remove content that violates these Terms and to suspend or terminate accounts responsible for repeated violations.
6. Acceptable Use
You agree not to:
- Use the App for any unlawful purpose or in violation of these Terms.
- Attempt to gain unauthorized access to any part of the App or its backend infrastructure.
- Reverse-engineer, decompile, or disassemble the App except as permitted by applicable law.
- Use automated tools to scrape, crawl, or extract data from the App.
- Interfere with the App's operation or place an unreasonable load on our infrastructure.
- Resell or commercially exploit the App or its content without our written consent.
7. Account Deletion and Data Export
You may delete your account at any time from the Profile page within the App. Before deletion, you will have the option to export your video memories:
- Free export: We will email you signed download links valid for 7 days.
Upon deletion, all your account data — memories, tags, profile information, and subscription records — is permanently deleted from our systems within 30 days.
8. Intellectual Property
The App, including its design, code, branding, and features (excluding Your Content), is owned by Momentary Momentos and protected by copyright and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or brand elements without our prior written consent.
9. Disclaimer of Warranties
The App is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the App will be uninterrupted, error-free, or free of viruses or other harmful components. You use the App at your own risk.
We strongly recommend maintaining your own backup copies of any memories or content that are important to you. We are not responsible for loss of content due to technical failures, accidental deletion, or account termination.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Momentary Momentos and its owners, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of (or inability to use) the App, including loss of data, loss of profits, or loss of goodwill, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising out of or related to these Terms or the App shall not exceed the amount you paid us in the 12 months preceding the claim, or $10.00, whichever is greater.
11. Indemnification
You agree to indemnify and hold harmless Momentary Momentos and its owners from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the App, your violation of these Terms, or your violation of any third-party rights.
12. Termination
We may suspend or terminate your account at any time if we believe you have violated these Terms or if continued access poses a risk to other users or our systems. If your account is terminated for cause, you are not entitled to a refund of any subscription fees. You may also terminate your account at any time by deleting it from within the App.
13. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by updating the "Last updated" date above. Your continued use of the App after the effective date of any changes constitutes acceptance of the updated Terms.
14. Governing Law
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Texas, and you consent to personal jurisdiction in those courts.
15. Contact Us
If you have questions about these Terms, please contact us at:
support@momentarymomentos.com