# Momentan — Terms of Service

**Effective Date:** April 27, 2026 · **Last updated:** April 27, 2026

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING, OR USING THE MOMENTAN APPLICATION, WEBSITE, WIDGETS, OR ANY RELATED SERVICES (COLLECTIVELY, THE "SERVICE"). THESE TERMS CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND MOMENTAN.

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICE IN ANY WAY, YOU: (1) AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY; (2) REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS; AND (3) PROVIDE YOUR ELECTRONIC SIGNATURE UNDER THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (E-SIGN ACT), 15 U.S.C. § 7001. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

These Terms are between you and Momentan ("Company," "we," "us," or "our"). They govern your use of the Service and incorporate our [Privacy Policy](/privacy) by reference. For material changes to these Terms, we will provide advance notice as described in Section 17.

## 1. Definitions

**"Service"** means the Momentan mobile application, iOS widgets, website (momentan.app), and all related features, content, and services operated by Momentan.

**"User Content"** means all data, content, and information you create, input, upload, or store in the Service, including moments, notes, contact data, photos, videos, voice recordings, lists, tasks, and any other materials.

**"Feedback"** means any ideas, suggestions, recommendations, enhancement requests, or other input you provide to us regarding the Service, whether submitted through the Service, by email, in conversation, or otherwise.

**"Intellectual Property Rights"** means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications, registrations, renewals, extensions, and restorations thereof.

## 2. Eligibility

You must be at least 13 years of age to use the Service (or 16 in applicable EEA jurisdictions). By using the Service, you represent and warrant that: (a) you meet the applicable minimum age requirement; (b) you have the full legal capacity and authority to enter into a binding contract; (c) your use of the Service does not violate any applicable law, regulation, or obligation to a third party; and (d) you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. Momentan reserves the right to verify eligibility and to deny access to any person who does not meet eligibility requirements.

## 3. Account Registration and Security

To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep it up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to: (a) use a strong, unique password; (b) not share your credentials with any third party; (c) notify us immediately at hello@momentan.app of any suspected unauthorized access to your account; and (d) log out after each session on shared devices. We are not liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to disable or terminate accounts that we reasonably believe are fraudulent, inactive for an extended period, or in violation of these Terms.

## 4. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service on devices that you own or control, solely for your personal, non-commercial purposes. This license does not include any right to: (a) copy, modify, translate, adapt, or create derivative works of the Service; (b) reverse engineer, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service; (c) sell, resell, rent, lease, sublicense, or otherwise transfer or commercialize the Service; (d) remove, obscure, or alter any proprietary notices or marks on the Service; (e) use the Service in any manner that could damage, disable, or impair the Service or related systems; (f) use the Service to develop a competing product; or (g) use the Service in any way not expressly authorized by these Terms. We reserve all rights not expressly granted. This license terminates automatically upon termination of your account or these Terms.

## 5. Your Content

**5.1 Ownership and License.** As between you and Momentan, you retain ownership of User Content you create. By submitting User Content to the Service, you grant Momentan a worldwide, royalty-free, sublicensable, transferable, and irrevocable license to use, copy, store, reproduce, distribute, and create derivative works of your User Content for the following purposes: (a) operating, maintaining, securing, and providing the Service and its features to you; (b) backing up, caching, and syncing your data; (c) improving and developing the Service using your data in de-identified or aggregated form where feasible; and (d) complying with legal obligations. Any use of your identifiable User Content for marketing or promotional purposes, or for training generalized AI or machine learning models, is governed exclusively by our [Privacy Policy](/privacy) and, where required by applicable law, by the consent processes described therein. This license survives termination of your account to the extent necessary to fulfill the purposes above and to complete the data retention periods described in the Privacy Policy.

**5.2 Your Content is Private by Default.** Your User Content is not publicly visible. We do not publish, index, or share your personal notes, contacts, moments, or other User Content with other users of the Service or with the general public. Your data is treated as private and accessed only by you and, as described in our Privacy Policy, by Momentan personnel and service providers to the extent necessary to operate and secure the Service.

**5.3 Imported Contacts.** If you choose to import contacts from your device address book or other sources, you represent and warrant that you have the legal authority and, where required by applicable law, the consent of the individuals whose information you import, to share that information with us. You agree that imported contact data will be used only as described in our [Privacy Policy](/privacy). You are solely responsible for ensuring that your import and use of third-party contact data complies with applicable privacy laws and any obligations you owe to the individuals whose data you upload.

**5.4 Representations and Warranties.** You represent and warrant that: (a) you own or have all necessary rights and permissions to submit your User Content and to grant the license in Section 5.1; (b) your User Content does not infringe, misappropriate, or violate any third-party Intellectual Property Rights, privacy rights, publicity rights, contractual rights, or other rights; (c) you have obtained the consent of all individuals referenced or depicted in your User Content to the extent required by applicable law; (d) your User Content complies with these Terms and all applicable laws; and (e) your User Content does not contain viruses, malware, or other harmful components.

**5.5 Our Rights.** We do not pre-screen User Content but reserve the right, without obligation, to review, remove, refuse, or disable access to any User Content at any time, at our sole discretion and without notice or liability. We are not responsible for User Content and do not endorse any views expressed therein.

**5.6 Data Backup.** While we maintain backup copies and redundancy measures as part of operating the Service, you remain solely responsible for keeping your own copies of any User Content you consider important. We do not guarantee that User Content will never be lost, corrupted, or unavailable, and we disclaim liability for such losses to the extent permitted by applicable law. For information on how we retain your data after account deletion, see our [Privacy Policy](/privacy).

## 6. Feedback and Suggestions

If you provide any Feedback to us, you hereby assign to Momentan all right, title, and interest in and to such Feedback, including all Intellectual Property Rights therein. To the extent any such assignment is not effective under applicable law, you grant Momentan a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, create derivative works from, distribute, and exploit such Feedback for any purpose, without restriction or compensation to you. Momentan has no obligation to: (a) keep any Feedback confidential; (b) pay any compensation for Feedback; or (c) respond to or implement any Feedback.

## 7. Prohibited Conduct

You agree not to, and not to attempt to, use the Service to:

- Violate any applicable local, state, national, or international law, regulation, or legally binding obligation to any third party;
- Upload, transmit, or store content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or invasive of another's privacy;
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
- Collect, harvest, or process personal information about other users or third parties without their consent;
- Use automated scripts, bots, crawlers, scrapers, or other automated means to access or interact with the Service;
- Interfere with, disrupt, or circumvent the integrity, security, performance, or availability of the Service or related systems;
- Attempt to gain unauthorized access to any portion of the Service or accounts of other users;
- Use the Service for commercial solicitation, spam, unauthorized advertising, or multi-level marketing;
- Upload or transmit viruses, malware, ransomware, or any other malicious or disruptive code;
- Probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Bypass or circumvent any access controls, technical measures, or usage restrictions we implement;
- Use the Service in any way that violates the rights of any third party, including privacy rights, Intellectual Property Rights, or contractual rights;
- Engage in any conduct that restricts or inhibits anyone from using the Service or that could expose Momentan to liability;
- Take screenshots, screen recordings, or other reproductions of Service interfaces, features, or functionality for the purpose of developing, marketing, or operating a competing product or service;
- Attempt to identify, de-anonymize, or re-identify any individual from aggregate, de-identified, or anonymized data;
- Interfere with or circumvent any geo-restriction, access control, rate limit, or usage restriction we implement.

## 8. Anti-Circumvention, Scraping, and Security

You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of content. You further agree not to use any automated tool, software, or process — including scrapers, spiders, robots, or crawlers — to access, download, index, or data-mine the Service or its underlying systems without our prior written permission. Unauthorized access or automated scraping of the Service constitutes a material breach of these Terms and may expose you to civil liability. We reserve the right to pursue all available legal remedies, including injunctive relief and damages, for any unauthorized access or circumvention.

Without limiting the foregoing, each individual act of unauthorized automated access, data scraping, circumvention of access controls, or reverse engineering of the Service constitutes a separate violation. You acknowledge and agree that: (a) actual damages from such violations may be difficult to quantify; and (b) as a reasonable estimate of Momentan's harm — and not as a penalty — you shall pay liquidated damages of five thousand U.S. dollars (US$5,000) per individual violation, in addition to any injunctive relief, statutory damages, and any other remedies available to Momentan. Nothing herein limits Momentan's right to seek additional remedies if actual damages exceed the liquidated damages amount.

## 9. Intellectual Property

The Service and all of its content, features, and functionality — including software, code, text, graphics, logos, icons, images, audio clips, data compilations, algorithms, and the look and feel of the Service — are owned by Momentan or its licensors and are protected by copyright, trademark, patent, trade secret, and other applicable intellectual property laws. The Momentan name, logo, and related marks are trademarks or registered trademarks of Momentan. Nothing in these Terms grants you any right to use any Momentan trademark, service mark, logo, or domain name without our prior express written permission. All rights not expressly granted in these Terms are reserved by Momentan and its licensors.

## 10. Copyright and DMCA

**10.1 Copyright Policy.** We respect intellectual property rights and expect users to do the same. It is our policy to respond to notices of alleged copyright infringement that comply with applicable law and to terminate the accounts of users who are repeat infringers, at our sole discretion.

**10.2 DMCA Notices.** If you believe your copyright-protected work has been reproduced, stored, or transmitted through the Service in a way that constitutes copyright infringement, please send a written notice to our designated DMCA agent at legal@momentan.app that includes: (a) a physical or electronic signature of the copyright owner or authorized person; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the infringing material and information to locate it; (d) your contact information; (e) a statement of good-faith belief that the use is unauthorized; and (f) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the owner.

**10.3 Repeat Infringers.** We reserve the right, in our sole discretion, to suspend or terminate accounts of users who are found to be repeat infringers of intellectual property rights. A "repeat infringer" is a user against whom multiple valid infringement complaints have been submitted within a given period.

**10.4 Counter-Notice.** If you believe that material you submitted was removed or disabled by mistake or misidentification, you may send a written counter-notice to our DMCA agent at legal@momentan.app that includes: (a) your physical or electronic signature; (b) identification of the material that was removed and the location where it appeared before removal; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, telephone number, and a statement consenting to jurisdiction of the federal court in your district and to service of process from the complaining party. Upon receipt of a valid counter-notice, we will provide a copy to the original complainant and, unless the complainant notifies us of a court action within 10 business days, we may restore the material at our discretion. We are not liable for any material removed or restored pursuant to this procedure if we act in good faith.

## 11. Electronic Communications

By creating an account or using the Service, you consent to receive transactional and account-related electronic communications from us, including security alerts, account notices, and service-related messages. You agree that such electronic communications satisfy any legal requirement that notices be provided in writing. You may separately opt in to marketing and promotional communications during onboarding or through your account settings, and you may opt out of any such marketing communications at any time via the unsubscribe link in any message or through app Settings. We will not send you SMS messages without your separate, explicit consent. Transactional and security-related communications are a necessary part of operating your account and cannot be opted out of while your account remains active.

## 12. Privacy

Your use of the Service is governed by our [Privacy Policy](/privacy), which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, store, and share your information, including any practices relating to AI and machine learning, advertising, and data sharing with third parties. Your agreement to these Terms constitutes your acknowledgment that you have read and understood the Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy regarding data practices, the Privacy Policy governs.

## 13. Fees, Subscriptions, and Payments

**13.1 Free and Paid Tiers.** The Service is offered in two tiers: a free tier with usage limits (currently, free accounts may create up to two (2) moments per rolling seven (7) day period), and a paid tier called **Momentan Pro**, which removes those limits and provides unlimited moment creation, including unlimited use of the AI Agent. We reserve the right to adjust tier features, included benefits, and limits at any time, with reasonable notice for material changes that affect existing subscribers.

**13.2 Subscription Plan and Pricing.** Momentan Pro is offered as an auto-renewing monthly subscription. The final price is shown at checkout in the Apple App Store and may vary by country, currency, region, taxes, and the App Store's regional adjustments. There are no annual, lifetime, or alternate-tier plans at this time. We may change subscription pricing on a going-forward basis; any price increase that would apply to an existing subscriber's renewal will be disclosed in advance and require your affirmative consent before taking effect, as required by Apple and applicable law.

**13.3 Auto-Renewal Disclosures.** By subscribing to Momentan Pro through the Apple App Store, you authorize Apple to charge your Apple ID for the subscription. The following terms apply:

- **Title:** Momentan Pro.
- **Length and content per period:** One (1) month of unlimited moment creation, unlimited AI Agent use, and any other Pro-tier benefits described in the Service.
- **Price per period:** The current local price shown at checkout in the App Store.
- **Payment:** Payment is charged to your Apple ID at confirmation of purchase.
- **Auto-renewal:** Your subscription **automatically renews each month** for the same period at the same price unless you cancel at least twenty-four (24) hours before the end of the current period. Your Apple ID will be charged for renewal within 24 hours prior to the end of the current period.
- **How to cancel:** You can manage and cancel your subscription at any time through your Apple ID account settings on your device (Settings → [your name] → Subscriptions), through the Manage Subscription option inside the Service, or through the Apple App Store. Deleting the app does not cancel your subscription. Cancellation takes effect at the end of the current billing period; you retain Pro benefits through that date.
- **Refunds:** Refunds are governed by Apple's policies. Momentan does not directly process refunds for App Store purchases. Refund requests should be submitted to Apple at https://reportaproblem.apple.com. Statutory rights to a refund under your local law (including, for EEA/UK consumers, the right of withdrawal under applicable consumer law) are not affected.
- **Free trials and promotional offers:** If we offer a free trial, introductory price, or promotional entitlement, the specific terms — including length, conversion price, and cancellation deadline to avoid charges — will be presented at the point of purchase or grant. Any unused portion of a free trial period is forfeited when you purchase a subscription.

**13.4 California Automatic Renewal Law and Similar Statutes.** The disclosures in Section 13.3, together with the terms presented to you on the App Store purchase screen, are intended to satisfy the requirements of California's Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.) and similar statutes in other U.S. states. The App Store purchase screen, order confirmation email from Apple, and your Apple ID Subscriptions page contain the legally required confirmation of these auto-renewal terms.

**13.5 Platform Billing Authority.** Subscriptions purchased through the Apple App Store are billed and managed by Apple under your Apple ID. Apple's billing terms, refund policies, and family-sharing rules apply in addition to these Terms. We do not have access to your payment method or billing history except for the high-level subscription status and entitlement information that Apple shares with us through our payments processor (RevenueCat) for the purpose of granting you Pro access. If you dispute a charge with us, you must notify us within thirty (30) days at support@momentan.app; failure to do so constitutes waiver of any claim against Momentan related to that charge. Disputes with Apple regarding billing should be directed to Apple.

**13.6 Future Changes.** We may introduce additional tiers, features, prices, or billing options. If we do, we will present the applicable terms and obtain your consent at the point of purchase, as required by applicable law and Apple's rules. The disclosures above describe Momentan Pro as currently offered; they will be updated when material changes are made.

## 14. Beta Features and Experimental Services

We may offer you access to beta features, early access programs, or experimental functionality ("Beta Features"). Beta Features are provided "as is" without warranties of any kind and may be discontinued at any time without notice. Your use of Beta Features is at your sole risk. We are not liable for any loss of data, functionality, or other damages resulting from your use of Beta Features. Feedback you provide regarding Beta Features is subject to Section 6 of these Terms.

## 15. AI-Powered Features and Outputs

The Service may include features powered by artificial intelligence and machine learning, including voice transcription, smart suggestions, search, contact organization, and other AI-assisted functionality ("AI Features"). AI Features are provided as tools to assist you; their outputs may be inaccurate, incomplete, or inappropriate for your specific situation. You are solely responsible for reviewing and verifying any AI-generated output before relying on or acting on it. We make no warranty regarding the accuracy, reliability, or fitness of AI Feature outputs. We are not liable for any decisions you make or actions you take based on AI-generated content.

Our practices regarding the use of your data to develop and improve AI models are described in our [Privacy Policy](/privacy). Where required by applicable law, we will obtain your consent before using your identifiable User Content to train generalized AI models.

## 16. App Store and Platform Terms

If you access the Service through Apple's App Store, Google Play, or any other third-party platform, you acknowledge that: (a) these Terms are between you and Momentan only, and not with the applicable platform operator; (b) the platform operator has no obligation to provide maintenance, support, warranty, or indemnification for the Service; (c) in the event of any conflict between these Terms and the platform operator's terms, the platform operator's terms govern solely with respect to your relationship with that operator; and (d) the platform operator and its subsidiaries are third-party beneficiaries of these Terms with respect to any provisions that relate to the platform operator's requirements, and may enforce such provisions against you. Apple has no responsibility or obligation whatsoever with respect to the Service or any claims relating thereto. You must comply with all applicable third-party platform terms when using the Service.

## 17. Modifications to the Service and Terms

We reserve the right, without liability, to modify, suspend, or discontinue any part or all of the Service temporarily or permanently, including changing or removing features, functionality, or content. We will endeavor to provide reasonable notice of significant discontinuations where practicable.

We have no obligation to maintain any particular feature, integration, third-party connection, or capability. We may modify, restrict, deprecate, or remove any feature at any time without compensation or obligation to provide a replacement, except where specifically agreed in writing.

We may modify these Terms at any time. For material changes — including changes that expand our rights with respect to your User Content or data — we will provide notice by email or in-app notification at least fourteen (14) days before the changes take effect, where practicable. Non-material changes (such as typographical corrections or restructuring without substantive effect) take effect immediately upon posting. Your continued use of the Service after the effective date of any modification constitutes acceptance of the revised Terms. If you do not agree to any modification, you must stop using the Service before the effective date of the change.

## 18. Third-Party Services and Links

The Service may integrate with, link to, or interact with third-party services, websites, or platforms, including Apple services, Google Play, payment processors, analytics providers, speech-to-text providers, and cloud infrastructure. These third-party services are governed by their own terms and privacy policies. We are not responsible for the content, availability, accuracy, privacy practices, or security of any third-party services, and we make no representations or warranties regarding them. Your use of any third-party service is at your own risk and subject to their applicable terms.

## 19. Export Controls and Restricted Use

The Service and its underlying technology may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and sanctions programs administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that: (a) you are not located in, and will not use the Service from, a country or territory subject to U.S. economic embargo; (b) you are not listed on any U.S. government list of prohibited or restricted parties; and (c) your use of the Service complies with all applicable export control laws and regulations. You agree not to export or re-export the Service, directly or indirectly, to any prohibited destination, entity, or individual.

## 20. Account Deletion and Data Retention

You may delete your account at any time through in-app Settings or by contacting us at privacy@momentan.app. Deletion of your account initiates deletion of your personal data, subject to the retention periods and legal exceptions described in our [Privacy Policy](/privacy). Certain information may be retained for legal compliance, dispute resolution, fraud prevention, or other legitimate purposes. De-identified and aggregated data may be retained indefinitely. Termination of your account does not relieve you of obligations incurred prior to termination.

For Google Play users: an in-app path to request account deletion is available in Settings → Account → Delete Account. A web-accessible request can also be submitted by emailing privacy@momentan.app.

## 21. Termination

**21.1 By You.** You may stop using the Service at any time and may delete your account as described in Section 20. Termination does not relieve you of any obligations or liabilities incurred prior to termination, nor does it entitle you to any refund except as required by applicable law.

**21.2 By Us.** We may suspend or terminate your access to the Service, without liability, if we determine in our reasonable judgment that: (a) you have violated these Terms or our policies; (b) your conduct creates legal, security, or reputational risk for Momentan or other users; (c) your account has been used for fraudulent, abusive, or unlawful purposes; (d) we discontinue or significantly change the Service or relevant features; or (e) required by applicable law or for operational or security reasons. Where circumstances permit, we will provide reasonable notice and, where appropriate, an opportunity to address the issue before termination. In cases of serious violations or safety concerns, we may act immediately without notice.

**21.3 Effect of Termination.** Upon termination of your account for any reason, your license to use the Service immediately and automatically terminates. We have no obligation to export, return, or provide access to your User Content beyond the retention periods described in our Privacy Policy. We may delete your User Content from our systems in accordance with our standard data retention schedules, regardless of whether deletion was requested by you.

**21.4 Survival.** The following Sections survive termination or expiration of these Terms: 1 (Definitions), 5.1 and 5.6 (Content License and Data Backup), 6 (Feedback), 9 (Intellectual Property), 10 (Copyright/DMCA), 20 (Account Deletion and Data Retention), 22 (Disclaimer of Warranties), 23 (Limitation of Liability), 24 (Indemnification), 25 (Dispute Resolution), 26 (Governing Law), and 27 (General Provisions).

## 22. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOMENTAN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE; WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR VIRUS-FREE; WARRANTIES THAT DEFECTS WILL BE CORRECTED; AND WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

THE SERVICE IS NOT A MEDICAL, THERAPEUTIC, MENTAL HEALTH, LEGAL, FINANCIAL, RELATIONSHIP COUNSELING, OR OTHER PROFESSIONAL SERVICE. NOTHING IN THE SERVICE CONSTITUTES PROFESSIONAL ADVICE OF ANY KIND. DO NOT USE THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL CONSULTATION IN ANY FIELD. WE ARE NOT RESPONSIBLE FOR ANY PERSONAL, RELATIONSHIP, HEALTH, FINANCIAL, LEGAL, OR CAREER DECISIONS YOU MAKE BASED ON INFORMATION STORED IN, SURFACED BY, OR GENERATED BY THE SERVICE.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED CONTENT, TRANSCRIPTION OUTPUT, SMART SUGGESTION, OR OTHER AUTOMATED RESULTS PRODUCED BY THE SERVICE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR RELIANCE ON ANY SUCH OUTPUT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; IN SUCH JURISDICTIONS, SUCH WARRANTIES ARE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

## 23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOMENTAN, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (B) LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS; (C) LOSS OR CORRUPTION OF CONTENT OR DATA; (D) COST OF SUBSTITUTE SERVICES; OR (E) DAMAGES ARISING FROM YOUR INABILITY TO USE THE SERVICE OR FROM UNAUTHORIZED ACCESS TO YOUR CONTENT — IN EACH CASE WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR: (F) DAMAGES ARISING FROM PERSONAL, HEALTH, RELATIONSHIP, FINANCIAL, OR LEGAL DECISIONS MADE BASED ON CONTENT STORED IN OR GENERATED BY THE SERVICE; (G) UNAUTHORIZED ACCESS TO YOUR ACCOUNT THAT RESULTS FROM YOUR OWN FAILURE TO MAINTAIN SECURE CREDENTIALS; (H) LOSS OF DATA DUE TO YOUR FAILURE TO MAINTAIN INDEPENDENT BACKUPS; OR (I) THE ACCURACY, COMPLETENESS, OR LEGALITY OF CONTACT INFORMATION IMPORTED FROM YOUR DEVICE OR THIRD-PARTY SOURCES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT ENLARGE THIS LIMIT.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE WHERE PROHIBITED BY LAW, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE LIABILITY CAP DESCRIBED ABOVE DOES NOT APPLY TO YOUR INDEMNIFICATION OBLIGATIONS. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

## 24. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Momentan and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content, including any claim that your User Content infringes a third-party right; (b) your violation of these Terms or applicable law; (c) your misuse of the Service; (d) any misrepresentation you make in connection with your use of the Service; (e) any third-party claim arising from personal data you upload about that third party, including imported contact information; or (f) any regulatory investigation, governmental inquiry, or enforcement action triggered by or arising from your use of the Service or your User Content. This indemnification obligation does not apply to claims arising from Momentan's own willful misconduct. We may assume control of the defense of any claim subject to indemnification at our own expense, in which case you agree to cooperate and not settle without our prior written consent.

## 25. Dispute Resolution and Arbitration

**PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND RELATED WAIVERS THAT SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL.**

**25.1 Informal Resolution.** Before initiating any formal proceeding, you agree to first contact us at legal@momentan.app and attempt to resolve the dispute informally. You must provide written notice describing your claim in reasonable detail. The parties agree to negotiate in good faith for at least thirty (30) days before either party initiates arbitration. Applicable statutes of limitations and filing fee deadlines are tolled during this period.

**25.2 Binding Arbitration.** If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Service shall be finally and exclusively resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules (available at www.adr.org), as modified by these Terms. Arbitration shall be conducted in English by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may award any remedy available in court, except that the arbitrator may not award relief on behalf of anyone other than you or Momentan individually. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section.

**25.3 Class Action Waiver.** TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MOMENTAN EACH IRREVOCABLY WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE FOR A PARTICULAR CLAIM, THAT CLAIM SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION AND ALL OTHER CLAIMS SHALL REMAIN IN ARBITRATION.

**25.4 Jury Trial Waiver.** TO THE EXTENT ANY CLAIM OR DISPUTE PROCEEDS IN COURT (WHETHER BECAUSE ARBITRATION WAS OPTED OUT OF, FOUND INAPPLICABLE, OR FELL UNDER AN EXCEPTION), YOU AND MOMENTAN EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

**25.5 Statute of Limitations.** TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUED; CLAIMS NOT COMMENCED WITHIN THIS PERIOD ARE PERMANENTLY BARRED. THIS LIMITATION DOES NOT APPLY TO RESIDENTS OF NEW JERSEY OR OTHER JURISDICTIONS WHERE CONTRACTUAL LIMITATIONS PERIODS OF THIS LENGTH ARE UNENFORCEABLE UNDER MANDATORY CONSUMER PROTECTION LAW.

**25.6 Exceptions.** Notwithstanding the foregoing: (a) either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or imminent infringement of Intellectual Property Rights or confidential information; and (b) you may bring claims in small claims court if your claims qualify under applicable small claims court rules.

**25.7 Opt-Out.** You may opt out of the mandatory arbitration provision, class action waiver, and jury trial waiver in Sections 25.2–25.4 by sending written notice to legal@momentan.app with the subject line "Dispute Resolution Opt-Out" within thirty (30) days of first accepting these Terms. If you opt out, you and Momentan agree to resolve disputes exclusively in the state or federal courts of Delaware (subject to the EU consumer carve-out in Section 26). The informal resolution requirement in Section 25.1 continues to apply regardless of opt-out.

**25.8 Mass Arbitration Protocol.** If fifty (50) or more substantially similar claims are filed against Momentan within a sixty (60) day period, the parties agree that such claims shall be resolved through a coordinated batch arbitration process as follows: (a) claims shall be grouped into batches of no more than fifty (50) claims each; (b) each batch shall be assigned a single arbitrator; (c) only one batch shall proceed at a time — the next batch shall not commence until the prior batch is fully resolved or the arbitrator determines that sufficient rulings have been issued to guide resolution of remaining claims; and (d) a single arbitration filing fee shall apply per batch as determined by the applicable arbitration rules. This protocol is designed to preserve the efficiency of arbitration while managing mass filings. Nothing in this Section prevents Momentan from seeking appropriate injunctive or other equitable relief if the volume of claims reflects coordinated abuse.

**25.9 Arbitration Confidentiality.** All arbitration proceedings, filings, submissions, and awards are confidential. Neither party may disclose the existence, content, or results of any arbitration without the other party's written consent, except as required by applicable law, court order, or to enforce or vacate an award. This confidentiality obligation does not prevent you from discussing your individual experience with the Service or from exercising your right to opt out under Section 25.7.

**25.10 Alternative Arbitration Provider.** If the AAA is unavailable, unable, or unwilling to administer a claim under these Terms, or if the AAA's Consumer Arbitration Rules are found inapplicable, the parties shall mutually agree upon an alternative arbitration provider using comparable consumer arbitration rules. If the parties cannot agree within thirty (30) days, either party may petition a court of competent jurisdiction to appoint an arbitrator and select applicable rules. The arbitration shall otherwise proceed in accordance with these Terms.

## 26. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods. To the extent a dispute is not subject to arbitration under Section 25, you and Momentan each irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Delaware, and waive any objection to such jurisdiction or venue. Notwithstanding the foregoing, if you are a consumer resident in the European Union, you may bring proceedings before the courts of the EU member state in which you reside, where required by mandatory consumer protection law.

## 27. General Provisions

**27.1 Entire Agreement.** These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and Momentan with respect to the Service and supersede all prior agreements, representations, and understandings.

**27.2 Severability.** If any provision of these Terms is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force.

**27.3 No Waiver.** Our failure to exercise or enforce any right or provision shall not constitute a waiver. Any waiver must be in writing signed by an authorized representative of Momentan to be effective.

**27.4 Assignment.** You may not assign, transfer, or delegate these Terms or any of your rights hereunder without our prior written consent. Any purported assignment in violation of this Section is void. We may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. These Terms inure to the benefit of our successors and assigns.

**27.5 No Agency.** Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and Momentan. You have no authority to bind Momentan in any way.

**27.6 No Third-Party Beneficiaries.** Except as expressly stated in Section 16 (App Store platform operators), these Terms are for the sole benefit of you and Momentan and do not create third-party beneficiary rights.

**27.7 Force Majeure.** We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, governmental action, labor disputes, power failures, or failure of the internet or third-party service providers.

**27.8 Notices.** We may provide notices via the Service, by email to the address associated with your account, or by posting on our website; such notice is effective upon delivery. You may send notices to us by email to legal@momentan.app; effective upon our receipt.

**27.9 Language.** These Terms are written in English. In the event of any conflict between the English version and any translation, the English version controls to the extent permitted by applicable law.

**27.10 Attorneys' Fees for Frivolous Claims.** If you initiate a claim against Momentan that is dismissed, resolved in our favor after adjudication, or withdrawn, and a court or arbitrator determines that your claim was frivolous, objectively without merit, or brought in bad faith, you agree to reimburse Momentan for its reasonable attorneys' fees, expert fees, and litigation costs incurred in defending that claim. This provision is in addition to, and does not limit, any other remedies available to Momentan.

**27.11 Equitable Relief for IP Violations.** You acknowledge that any breach of Sections 4 (License), 7 (Prohibited Conduct), 8 (Anti-Circumvention), or 9 (Intellectual Property) would cause irreparable harm to Momentan for which monetary damages would be an inadequate remedy. Accordingly, Momentan is entitled to seek injunctive or other equitable relief for any actual or threatened breach of those sections, without the requirement of posting a bond or other security, in addition to all other remedies available at law or in equity.

**27.12 Waiver of Injunctive Relief Against Momentan.** You agree that you will not seek injunctive or other equitable relief to: (a) restrain Momentan from operating the Service or any feature thereof; (b) prevent Momentan from using your User Content as permitted by Section 5.1 or our Privacy Policy; or (c) prevent Momentan from modifying, discontinuing, or restricting access to any feature or functionality. Your sole remedy for any dissatisfaction with the Service is to stop using it and, to the extent permitted by Section 23, seek monetary damages.

**27.13 Monitoring and Recording.** We reserve the right, but have no obligation, to monitor, review, and record activity within the Service for purposes of security, fraud prevention, compliance, and quality assurance. By using the Service, you consent to such monitoring and recording to the fullest extent permitted by applicable law.

**27.14 Cooperation.** You agree to cooperate reasonably with Momentan in connection with any legal proceeding, governmental inquiry, regulatory investigation, or security incident that involves your User Content, your account, or your use of the Service, to the extent not prohibited by applicable law or legal counsel.

**27.15 Taxes.** You are solely responsible for all taxes, duties, and levies of any kind arising from your use of the Service or any transactions you conduct through the Service. Momentan has no responsibility for collecting or remitting taxes on your behalf, except as required by applicable law.

**27.16 No Oral Modifications.** These Terms may only be modified by Momentan in writing (including by posting updated Terms as described in Section 17). No oral statement, course of conduct, trade practice, or other informal communication by any Momentan representative modifies these Terms.

**27.17 Cumulative Remedies.** All rights and remedies available to Momentan under these Terms, at law, or in equity are cumulative and not exclusive of any other rights or remedies. Exercise of one remedy does not preclude the exercise of any other.

**27.18 Account Security Liability.** You bear the burden of establishing that any action, transaction, or activity taken under your account credentials was not authorized by you or taken by a person you permitted to access your account. In the absence of clear evidence of unauthorized access despite your use of reasonable security practices, you remain responsible for activity conducted under your account.

**27.19 Set-Off and Recoupment.** To the extent permitted by applicable law, Momentan may set off against any amounts owed to you under these Terms or otherwise any amounts you owe to Momentan, including damages awarded in any proceeding, unpaid fees, indemnification obligations, or costs incurred by Momentan as a result of your violation of these Terms. You may not set off any amounts against amounts you owe to Momentan without our prior written consent.

**27.20 Content Moderation Decisions.** We are not liable for any loss, harm, or damage arising from our decisions to remove, restrict, disable, or decline to act on any User Content, or from our decisions regarding account suspension or termination made pursuant to these Terms. Any content moderation decision made in good faith — including decisions that are later determined to be erroneous — is not actionable against Momentan.

## 28. Contact

If you have questions about these Terms of Service, please contact us:

- **Legal:** legal@momentan.app
- **Support:** support@momentan.app
- **General:** hello@momentan.app

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