# Momentan — Terms of Service

**Effective Date:** July 11, 2026 · **Last updated:** July 11, 2026 · **Version:** 2026-07-11-r2

## 1. Agreement and operator

These Terms of Service ("Terms") are a contract between you and "OMNIA-MEDIC" d.o.o. Zenica, Bistua Nuova no. 10, 72000 Zenica, Bosnia and Herzegovina ("Momentan," "we," "us," or "our"). They govern the Momentan mobile app, iOS widgets, web companion, website, and related services (the "Service"). Momentan is a product name, not a separate legal entity.

By creating an account, checking the acceptance box, selecting Accept and Continue, or otherwise using the Service after a presented update, you agree to the version of these Terms and the [Privacy Policy](/privacy) shown to you. We may keep an electronic record of the versions, document hashes, acceptance method, platform, app version, and server time. If you do not agree, do not create an account or use the Service.

**Important: Sections 11 through 15 contain warranty disclaimers, limits on liability, and rules for disputes. If you reside in the United States, Section 14 includes individual arbitration, a class-action and jury-trial waiver, and a 30-day right to opt out. Please read those sections carefully.**

## 2. Adult eligibility and authority

You must be at least 18 years old and legally capable of entering a binding contract. The Service is not offered to minors. If you use the Service for an organization, you represent that you have authority to bind that organization, and "you" includes it. You may not use the Service where prohibited by applicable law.

## 3. Account security

You must provide accurate account information, maintain control of your email and sign-in methods, protect credentials and devices, and promptly notify support@momentan.app of suspected unauthorized access. You are responsible for activity under your account to the extent permitted by law. We may require verification, refuse a username or account, or suspend access when reasonably needed to protect the Service or comply with law.

## 4. License and acceptable use

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service for lawful personal relationship-management purposes on devices you own or control and as permitted by applicable app-store rules.

You may not:

- break the law, violate another person's rights, impersonate someone, harass, threaten, exploit, or facilitate harm;
- access another account or collect information without authorization;
- upload malware, probe or bypass security, overload the Service, evade quotas or payment controls, or interfere with normal operation;
- reverse engineer, decompile, scrape, copy, resell, rent, sublicense, or create a competing service from protected elements except where law expressly permits and cannot be waived;
- use automated means to access the authenticated Service without our written permission, except through interfaces we expressly provide;
- use the Service or output to make unlawful decisions about another person or to provide regulated professional services without appropriate qualifications and independent review; or
- remove notices, misrepresent AI output as verified fact, or use the Service in a way that creates unreasonable risk for us, users, providers, or the public.

We may investigate suspected violations and preserve or disclose information as allowed by the Privacy Policy and applicable law.

## 5. Your content and information about other people

You retain ownership of content you create or lawfully import. You grant us a worldwide, non-exclusive, royalty-free license to host, reproduce, transmit, format, display, back up, process, and otherwise use that content only as reasonably necessary to operate, secure, support, and improve the Service, comply with law, and exercise legal rights, in each case subject to the Privacy Policy. This license ends when the content is deleted from our systems except for permitted backups, legal retention, de-identified information, and material we must preserve by law.

You represent that you have the rights and lawful basis needed to store, import, or submit content, including contact information and private details about other people. You must use the Service responsibly and respect confidentiality, privacy, intellectual-property, publicity, and data-protection rights. Momentan does not authorize surveillance, discrimination, harassment, or deceptive collection.

You may export supported structured records through a password-encrypted backup. Device-local media is not included. You are responsible for protecting exported files and maintaining independent copies of content and local media you need. Momentan is not an archival, records-management, or guaranteed backup service.

You are responsible for your interactions with other people and for evaluating information you store about them. We do not verify user content, identities, relationships, or statements by third parties and, except where mandatory law provides otherwise, are not responsible for disputes between users and other people.

We may create aggregated or de-identified information as described in the Privacy Policy. To the extent permitted by law, we own service statistics and de-identified outputs that do not identify you or another person, without limiting rights in your underlying content.

## 6. Momentan intellectual property and feedback

The Service, software, designs, branding, documentation, and all related intellectual-property rights other than user content belong to us or our licensors. No implied license is granted. "Momentan" and associated branding may not be used without permission.

If you submit feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right to use and commercialize it without restriction or compensation, provided we do not publicly identify you as its source without permission.

## 7. Free service and subscriptions

Momentan is free to download. The current free tier permits up to 10 moments per rolling 7 days; manually created and AI-created moments count. We may change free limits prospectively with reasonable notice. Momentan Pro removes the moment limit and may include other benefits described at purchase.

Subscriptions are sold and billed by Apple, automatically renew unless canceled at least as required by Apple's displayed terms, and are charged at the price, billing period, currency, and tax shown in App Store checkout. You authorize Apple to charge the selected payment method. Manage or cancel through the in-app Customer Center or Apple Account subscription settings. Deleting Momentan does not cancel a subscription.

Apple handles billing and refunds under its rules, subject to mandatory law. We do not guarantee refunds, credits, price protection, or uninterrupted promotional terms except where required. Restoring purchases requires the Apple Account used for purchase. If price or benefits change, applicable notice and consent requirements will apply.

## 8. AI, notifications, and professional-use disclaimer

Optional AI features can transcribe, summarize, answer, or capture information. Output is probabilistic and may be inaccurate, incomplete, biased, outdated, or unsuitable. You must review output before relying on or saving it. We do not promise a specific model, provider, response, or availability.

Momentan is not a medical, mental-health, legal, financial, emergency, background-check, employment, housing, credit, insurance, or other professional service. Do not use it as the sole basis for important decisions about any person. In an emergency, contact local emergency services or a qualified professional.

Notifications, birthdays, reminders, sync, transcription, widgets, and AI features may be delayed, suppressed, or unavailable because of settings, connectivity, device behavior, provider outages, timezones, or other factors. You remain responsible for deadlines, commitments, backups, and communications.

## 9. Third-party services

The Service depends on Apple and other providers and may link to third-party services. Their terms and privacy practices apply to their services. We are not responsible for third-party products, content, availability, billing systems, or conduct except to the extent mandatory law says otherwise. We may replace providers or discontinue an integration.

## 10. Changes, availability, suspension, and termination

We may add, change, limit, suspend, or discontinue features; impose reasonable usage or security limits; and update software to maintain security, compliance, or operation. We will give notice where required. We do not guarantee that every feature, record, or provider will always be available or compatible with every device.

You may stop using the Service at any time and may delete your account through the in-app flow. We may suspend or terminate access for a material breach, fraud, abuse, security risk, legal requirement, nonpayment, prolonged inactivity where permitted, or discontinuation of the Service. When reasonably possible, we will provide notice and an opportunity to cure unless doing so would create risk or violate law.

Termination ends the license. Sections that by their nature should survive do survive, including ownership, feedback, accrued payment obligations, disclaimers, liability limits, indemnity, disputes, and miscellaneous terms. Account-data handling follows the Privacy Policy.

## 11. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available." We and our licensors disclaim express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, availability, security, and that data will never be lost. We do not warrant that the Service will meet your requirements, be uninterrupted or error-free, or preserve every record or device-local file.

These disclaimers do not exclude warranties, remedies, or consumer guarantees that applicable law does not allow us to exclude.

## 12. Limitation of liability

To the maximum extent permitted by law, neither we nor our affiliates, licensors, providers, officers, employees, or agents will be liable for indirect, incidental, special, exemplary, consequential, or punitive damages; loss of profits, revenue, opportunity, goodwill, or data; or the cost of substitute services, arising from or related to the Service or these Terms, even if advised of the possibility.

These exclusions and limits apply to all theories of liability, whether contract, warranty, tort (including negligence), strict liability, statute, restitution, or otherwise, and even if a limited remedy fails of its essential purpose. To the maximum extent permitted by law, our aggregate liability for all claims, proceedings, and causes of action arising from or related to the Service or these Terms will not exceed the greater of (a) the amount you paid us for the Service during the 12 months before the event giving rise to the first claim or (b) US$100.

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud, willful misconduct, gross negligence where non-excludable, death or personal injury caused by negligence where non-excludable, or mandatory consumer rights. Some jurisdictions do not allow particular exclusions, so those exclusions apply only to the lawful extent.

## 13. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless us and our affiliates, officers, employees, and agents from third-party claims, damages, judgments, penalties, and reasonable legal costs arising from your unlawful content, your infringement or violation of another person's rights, your intentional misuse of the Service, or your material breach of these Terms. This obligation does not apply to the extent a claim results from our own breach, negligence, willful misconduct, or unlawful conduct.

We will provide reasonable notice, may control the defense and settlement, and will not settle a claim requiring your admission or non-monetary obligation without your consent, not to be unreasonably withheld. Consumer indemnity obligations apply only where enforceable.

## 14. US arbitration and class-action waiver

This Section applies only if your principal residence is in the United States. Before filing a claim, the claimant must send a written notice describing the dispute and requested relief to legal@momentan.app and allow 30 days for informal resolution. Either party may seek urgent injunctive relief when reasonably necessary to prevent immediate misuse or infringement.

Except for an eligible individual small-claims case, a claim seeking injunctive relief for infringement or misuse of intellectual property, or a request for public injunctive relief that applicable law does not permit to be arbitrated, any unresolved dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its then-current Consumer Arbitration Rules and, when applicable, its Mass Arbitration Supplementary Rules. The Federal Arbitration Act governs this Section. Arbitration may occur by documents, telephone, video, or in the county of your residence unless the arbitrator requires otherwise. We will pay fees where the rules or law require.

You and we waive a jury trial and agree to bring claims only in an individual capacity, not as a plaintiff or class member in a class, collective, consolidated, coordinated, or representative proceeding. The arbitrator may grant relief only to the individual claimant as needed for that claim.

You may opt out of this arbitration Section by emailing legal@momentan.app within 30 days after first accepting these Terms. Include your account email and a clear statement that you opt out of arbitration. Opting out does not affect the rest of the Terms.

If the class-action waiver is found unenforceable for a particular claim, that claim must proceed in a court with jurisdiction and not in arbitration. If a court finds the individual-arbitration requirement unenforceable as a whole, this Section will not apply. Non-US residents are not subject to this arbitration Section.

## 15. Governing law and courts

Except for the US arbitration Section and mandatory law, these Terms are governed by the laws of Bosnia and Herzegovina, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to mandatory consumer venue rights, US arbitration, and small claims, the courts with jurisdiction over Zenica, Bosnia and Herzegovina have exclusive jurisdiction. If you are a consumer, you retain any non-waivable protections and right to bring proceedings in the courts of your habitual residence provided by applicable law. Nothing here deprives you of mandatory protections of the country where you live.

## 16. Apple-required terms

These Terms are between you and us, not Apple. We, not Apple, are responsible for the Service and its content, maintenance, support, warranties, and claims, except that Apple's obligations and remedies apply where its rules or law require. Your license is limited to use on Apple-branded products you own or control as allowed by the Apple Media Services Terms and Usage Rules, including permitted Family Sharing or volume purchasing.

If the iOS app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, as required by its rules; to the maximum extent permitted by law, Apple has no other warranty obligation. We are responsible for product-liability, legal-compliance, consumer-protection, privacy, and intellectual-property claims concerning the app. You represent that you are not in a US-embargoed country or on a US prohibited-party list. You must comply with applicable third-party terms.

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the Apple-related provisions against you. Contact us, not Apple, for Service support: support@momentan.app.

## 17. Changes to Terms

We may update these Terms for product, security, legal, or business changes. We will post a new effective date and, when reasonably practicable, provide advance notice of a material change. We may require affirmative acceptance before continued authenticated use. Changes apply prospectively; they do not retroactively alter a dispute that arose before the change where law prohibits that result. If you do not accept updated Terms required for continued account use, you may stop using the Service and delete your account.

## 18. Miscellaneous

These Terms, the Privacy Policy, and incorporated purchase terms are the entire agreement about the Service and replace prior agreements on the same subject. If a provision is unenforceable, it will be narrowed to the minimum extent necessary and the remainder will continue, except as expressly stated for arbitration. A waiver must be explicit and is not continuing. Headings are for convenience.

You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, financing, restructuring, or transfer of the Service, subject to mandatory law. We are not liable for delay caused by events beyond reasonable control. No person is a third-party beneficiary except Apple as stated above.

## 19. Contact

"OMNIA-MEDIC" d.o.o. Zenica
Bistua Nuova no. 10, 72000 Zenica, Bosnia and Herzegovina
Legal: legal@momentan.app
Support: support@momentan.app
Privacy: privacy@momentan.app