Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the services, website, and applications (collectively, the "Services") provided by Moment, Inc. ("Moment," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms.
Description of Services
Moment provides a calendar-based fan engagement platform that enables organizations to deliver events, updates, and content directly to their audience's native calendar applications. Our Services include calendar sync technology, analytics, audience management tools, and related features as described on our website.
Account Registration
To access certain features of our Services, you must create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or incomplete.
Acceptable Use
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party rights
- Send unsolicited communications, spam, or misleading content
- Upload or transmit viruses, malware, or other malicious code
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the integrity or performance of the Services
- Reverse engineer, decompile, or disassemble any part of the Services
- Use the Services to compete with Moment or build a similar product
- Scrape, collect, or harvest data from the Services without authorization
Intellectual Property
The Services and all associated content, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio clips, software, and design — are owned by Moment or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose, subject to these Terms.
Your Content
You retain ownership of any content you submit, post, or transmit through the Services ("Your Content"). By submitting Your Content, you grant Moment a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute Your Content solely for the purpose of providing and improving the Services.
Subscription and Payment
Certain features of the Services require a paid subscription. By subscribing, you agree to pay all applicable fees as described on our pricing page or in your order form. Fees are non-refundable except as expressly stated in these Terms or required by law.
- Subscriptions automatically renew unless cancelled before the end of the current billing period
- We may change pricing with at least 30 days' notice before your next renewal date
- Failure to pay may result in suspension or termination of your account
Service Level and Availability
We strive to maintain high availability of the Services but do not guarantee uninterrupted access. We may temporarily suspend the Services for maintenance, updates, or other operational reasons. We will make reasonable efforts to provide advance notice of planned downtime.
Limitation of Liability
To the maximum extent permitted by applicable law, Moment and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or relating to your access to or use of the Services.
Our total aggregate liability for any claims arising under these Terms shall not exceed the amounts paid by you to Moment during the twelve (12) months preceding the claim.
Indemnification
You agree to indemnify, defend, and hold harmless Moment and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any third-party rights.
Termination
Either party may terminate these Terms at any time by providing written notice. We may also suspend or terminate your access to the Services immediately, without prior notice, if we believe you have violated these Terms or applicable law.
Upon termination, your right to access and use the Services will cease immediately. Sections that by their nature should survive termination will continue in effect, including but not limited to Intellectual Property, Limitation of Liability, and Indemnification.
Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California. Each party shall bear its own costs of arbitration.
General Provisions
- Governing Law: These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
- Entire Agreement: These Terms, together with the Privacy Policy and any applicable order forms, constitute the entire agreement between you and Moment.
- Severability: If any provision is found to be unenforceable, the remaining provisions will continue in full force and effect.
- Waiver: Failure to enforce any right or provision shall not constitute a waiver of that right or provision.
- Assignment: You may not assign or transfer these Terms without our prior written consent.
Changes to These Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.
Questions about these Terms?
Contact us at legal@momentco.ai or write to us at Moment, Inc., 2261 Market Street #4667, San Francisco, CA 94114.