Momento Gifts User Agreement Effective Date:January, 6th 2025

 

Welcome to Momento Gifts! This User Agreement ("Agreement") constitutes a formal and legally binding agreement between you ("User") and Momento Gifts, governing your use of the Momento Gifts application and website (collectively, the "Services"). By downloading, installing, accessing, or using the Services, you agree to comply with and be bound by the terms of this Agreement. If you do not agree to these terms, you must not use the Services.

1. Description of the Services

Momento Gifts offers a mobile and web application that enables users to save and access photos, videos, and voice recordings using smart NFC and QR Code products ("Content"). The Services are available for free download, providing users with 1 GB of complimentary data storage (inclusive of voice recordings, photos, and videos) at no cost for the first six months. Content uploaded to our servers will be retained for six months from the upload date, unless extended through a paid storage plan.

To ensure compatibility and service quality, all NFC and QR Code products used with our platform must be original Momento Gifts products or authorized resales. Any NFC or QR Code product not purchased from Momento Gifts or its authorized resellers will be removed from our system.

2. Subscription and Data Retention Momento Gifts Basic

Free, with 1 GB of data storage for the first 12 months from the upload date. 

Users wishing to retain their Content on our servers beyond the initial one-year period must download the Momento Gifts app and subscribe to a paid storage plan. The paid plans are as follows:

● $2 per year for up to 1 GB of data.

● An additional $2 per year for each extra GB of data.

This nominal fee ensures secure and decentralized storage for your personal messages, preserving cherished memories for your loved ones and family. Users may cancel their subscription or delete the app at any time.

Payments will be charged to your preferred payment method associated with your app store account at the time of purchase. Subscriptions renew automatically each year at  the prevailing subscription rate unless canceled at least 24 hours before the end of the current subscription period. Subscription management, including cancellation, can be handled through your app store account settings. No refunds will be provided for unused portions of the subscription period.

3. User Conduct

You agree to use the Services responsibly and in compliance with all applicable laws. Prohibited uses include, but are not limited to: 

● Uploading harmful, illegal, or infringing content.

● Attempting to disrupt the operation of the Services.

● Violating the rights of third parties.

4. Privacy

Your use of the Services is governed by our Privacy Policy, accessible at Momento Gifts/Privacy. By using the Services, you consent to the collection, use, and storage of your information as outlined in the Privacy Policy.

5. Modifications to the Agreement

Momento Gifts reserves the right to amend this Agreement at any time.

Notification of changes will be provided by posting the updated Agreement within the Services or through other reasonable means. Continued use of the Services after changes are implemented constitutes your acceptance of the revised Agreement.

6. Termination

We may terminate or suspend your access to the Services at any time, with or without cause or notice, effective immediately.

7. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without any express or implied warranties, including but not limited to implied warranties of merchantability or fitness for a particular purpose.

8. Limitation of Liability

To the maximum extent permitted by law, Momento Gifts shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses resulting from your use of the Services.

9. Governing Law

This Agreement is governed by and construed in accordance with the laws of California, without regard to its conflict of law principles.

10. Contact Information

For inquiries or assistance regarding this Agreement, please contact us:

● Email: contact@momentogifts.app 

● Address: 247 W Bonita Ave, San Dimas, CA 91773, USA

By downloading, installing, accessing, or using the Services, you acknowledge that you have read, understood, and agree to the terms of this Agreement.

Momento Gifts

247 W Bonita Ave,San Dimas, CA 91773 USA