Terms of Service

Welcome to Momently, a website owned and operated by Momently Inc. ("Momently", "we" or "us"). These Terms of Service are between Momently Inc. and you (collectively, "Customer," "You" or "Your"). By implementing or using the Service on Your website, service or application, or by using, or signing up for an account on Our Site, You agree that You are bound by this Agreement. By using the Service, You are representing that You are over the age of 18, or the legal age of majority in Your jurisdiction.

Registration process, free trial and paying plans

If You decide to register for the Service, You must provide certain limited information about yourself as prompted to do so by the Service. By registering for the Service, Momently will provide You with access to the Service as a free trial user for 14 days from the date of Your registration. You agree to be responsible for your account password as well as the acts and/or omissions of any third party using the Service through Your account.

We reserve the right to refuse the Service to any user and terminate Your account for any reason within Momently's sole discretion.

After the Free Trial Period, You will be prompted to enter Your payment details. By upgrading to a Paid Plan, You are agreeing to pay in advance the amount due for each subscription period. Subscription periods are either monthly or yearly unless otherwise agreed in writing by Momently.

You are responsible for all fees due for the entire subscription period — even if You cancel Your subscription. You authorize us to charge You the applicable fees using Your selected payment method. Payment obligations are non-cancelable and, except as expressly stated, fees paid are non-refundable.

Once you have purchased a Paid Plan, we will automatically charge you in advance for the next subscription period.

Overage Fees: We reserve the right to charge any applicable overage fees if You exceed the maximum Views allowed by Your Plan.

Upgrades: If You upgrade Your Paid Plan, You will immediately be charged the then-current rate for the new Paid Plan.

Downgrades: The Plan downgrade will take effect the first billing cycle of Your next subscription period. Downgrading Your Plan may cause the loss of content, features, or capacity.

Auto Renewal: Your account is set to auto renew. Momently shall automatically charge You at the end of the term for the renewal for additional periods equal to the current services and expiring term at the then current price, unless either party gives notice of non renewal prior to expiration.

Right to limit usage: We reserve the right to limit your usage of the Service at any time if we deem that it is excessive, abusive, or designed to circumvent Service limitations.

Limited License

You allow the Service to be placed on your website(s) and you hereby grant us a nonexclusive, irrevocable during the term of this Agreement, royalty-free, no-cost license to perform the activities relating to provision of the Service. You agree to configure the Software on your website(s) in accordance with Momently's requirements.

By loading the Momently JavaScript on your website, you will be placing certain cookies on your user's web browsers when those users visit your website. You agree that you are responsible for such placement and for complying with any applicable laws.

Subject to the terms and conditions of this Agreement, Momently grants to you a non-sublicensable, non-transferable, non-exclusive, revocable, limited license to use the Software and Documentation solely to receive the Momently Service.

All ownership rights, title, and Intellectual Property Rights in and to the Service shall remain in Momently and/or its licensors.

Confidential Information

Confidential Information includes the Service (Including the Software and Documentation) and any Momently business or technical information that is disclosed to You in connection with this Agreement. You will maintain all Confidential Information in strict confidence and will not disclose Confidential Information to any third party.

Restrictions

You agree not to: adapt, alter, modify, decompile, translate, make derivative works, disassemble, or reverse engineer the Service; copy the Software; transfer, sublicense, loan, sell, lease, use for timesharing or service bureau purposes; use the Site or Service in violation of any applicable regulation or law; ship, export or re-export the Service in any manner prohibited by export control laws; use or attempt to use the Service for competitive analysis or benchmarking; store or transfer any tortious, illegal or infringing materials; or transfer any viruses or destructive items.

Warranty Disclaimer

To the fullest extent allowed by law, the Service and Site are provided by Momently and its licensors "as is" and "as available" and Momently makes no warranty of any kind, whether express, implied, statutory or otherwise, including without limitation, merchantability, fitness for a particular use and non-infringement.

Limitation of Liability

In no event will Momently and/or its officers, directors, employees, agents or representatives be liable for any indirect, special, incidental, consequential, exemplary or punitive damages related to or arising from your use, misuse, or inability to use the Service.

In no event shall Momently's aggregate liability under this Agreement exceed the total sum of monies paid from you to us as consideration for use of the Service during the twelve (12) months immediately preceding the event giving rise to such liability.

Indemnification

You hereby agree, at your expense, to indemnify, defend and hold harmless Momently, its licensors, and their respective directors, officers, employees and agents from and against all demands, liabilities, losses, claims and expenses, including attorney's fees, arising out of your use of the Service.

Term and Termination

These Terms of Service will remain in effect for Your Free Trial, and, upon conversion to a Paid Plan subscription, until Your paid subscription to the Services terminates. For Customers under a Paid Plan, You may terminate this Agreement effective as of the end of the then-current subscription period by providing us with at least thirty (30) days' written notice.

We also may permanently or temporarily terminate, suspend, limit or "throttle" your usage if you violate these Terms of Service or Momently's privacy policy, or in cases of emergency or to prevent violations of law or harm to Momently or others.

Modification to this agreement

Momently may modify the terms of this Agreement from time to time. Your right to access the Service is conditioned on an ongoing basis with Your compliance with the then-current version of this Agreement. By continuing to use the Services or Site following the posting of this Agreement, You consent to the revised or modified terms.

General

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Province of British Columbia, Canada and the federal laws of Canada applicable therein.

Notices: Any notice given under this Agreement shall be in writing and in the English language and shall be emailed, if to Momently — legal@momently.com, or if to you, to the email or physical address associated with your account.

Force Majeure: Neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control.

Any claim related to these Terms of Service must be brought within one year. The one-year period begins on the date when the claim first could be filed.

Momently and Customer are not legal partners or agents, but are independent contractors.