Terms of Service

This Terms of Service Agreement (the "Agreement") is between 1427454 Alberta Inc., operating as MOMMENT ("MOMMENT," "we," "us," or "our") and you ("you" or "your"). It governs your use of the MOMMENT mobile applications, the momment.io website, our web viewing and team management surfaces, and all related services (collectively, the "Services").

By creating an account, watching a stream or video, making a purchase, joining a team or Family Circle, or otherwise using the Services, you accept this Agreement and consent to contract with us electronically. If you do not agree, do not use the Services.

This Agreement incorporates our Privacy Policy, Community Guidelines, Copyright Policy, and Refund & Billing Policy. If you operate a team on MOMMENT, the Producer & Team Agreement also applies to you.

1. Who May Use the Services

You must be at least the age of majority in your province or territory of residence (18 in Alberta) to create an account, make purchases, or operate a team. Minors may appear in content streamed or posted through the Services only where the responsible account holder has obtained the consent required under Section 5.

If you use the Services on behalf of an organization (such as a club, team, or association), you represent that you have authority to bind that organization, and "you" includes both you and the organization.

2. The Services

Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services, including to:

• stream live events you have the right to view;
• watch recorded content (video on demand) you have purchased or otherwise have the right to view;
• upload, record, and live-stream video, subject to your role and plan;
• participate in Family Circles, team pages, and related social features.

Features vary by role, plan, and platform, and we may add, change, or remove features from time to time. Some content is available only to purchasers, team supporters, or members of a Family Circle.

3. Accounts

You are responsible for your account, for maintaining the confidentiality of your credentials, and for all activity under your account. You must provide accurate information and keep it current, including any email address you designate for communications or payout reporting. Notify us promptly at legal@momment.io of any unauthorized use of your account.

4. Purchases and Billing

Purchases made within our mobile applications (including event access, subscriptions, and video-on-demand purchases) are processed by the app store platform through which you purchased (Apple App Store or Google Play). Those platforms' terms and billing processes apply to the transaction, in addition to our Refund & Billing Policy. Prices are stated at the point of purchase and may be presented in USD. You are responsible for any applicable taxes.

License to purchased content: When you purchase or subscribe to content, you receive a personal, non-commercial, non-transferable license to stream (and, where offered, download) that content for the applicable access period. You may not resell, redistribute, retransmit, publicly perform, or create derivative works from any content on the Services, and you may not capture, record, or re-stream content except through features we provide.

5. Your Content

Your ownership. You retain all rights you hold in video, images, audio, text, and other material you upload, record, or stream through the Services ("Your Content").

License to us. You grant MOMMENT a worldwide, non-exclusive, royalty-free license to host, store, encode, transmit, distribute, display, and create technical adaptations of Your Content (such as transcoded renditions, thumbnails, clips, and highlight reels generated through Service features) as needed to operate, provide, promote, and improve the Services, consistent with the visibility and access settings applicable to that content. This license ends when Your Content is deleted from the Services, except for content already distributed to others in accordance with its settings and for backup copies retained for a limited period.

Your responsibilities. You represent and warrant that, for all of Your Content:

• you own it or have all rights, licenses, and permissions necessary to use it on the Services and to grant the license above, including rights to any music, marks, or third-party material it contains;
• you have obtained the consent of every identifiable person appearing in it, and, for every minor appearing in it, the verifiable consent of that minor's parent or legal guardian, both to the recording and to its distribution (and, where the content is offered for sale, to its sale) through the Services;
• it complies with this Agreement, our Community Guidelines, and applicable law.

We may remove or restrict access to any content at any time if we believe it violates this Agreement, our Community Guidelines, or applicable law, or poses a risk to any person, and we may suspend or terminate the associated account.

6. Protection of Minors

MOMMENT is a platform on which children and youth frequently appear on camera. We apply heightened standards to content involving minors, including human safety review before certain content may be sold publicly. Any sexualization of minors, or any content that endangers or exploits a minor, is strictly prohibited, will be removed, will result in immediate account termination, and will be reported to law enforcement where appropriate. See our Community Guidelines.

7. Acceptable Use

You may not misuse the Services. Prohibited conduct includes, without limitation: violating our Community Guidelines; infringing intellectual property or privacy rights; harassment; uploading malicious code; scraping or bulk-downloading content; circumventing security, access, or digital rights management measures; misrepresenting your identity or affiliation; and using the Services for any unlawful purpose.

8. Copyright

We respond to notices of claimed copyright infringement in accordance with the notice-and-notice provisions of the Copyright Act (Canada) and our Copyright Policy. We may terminate the accounts of repeat infringers.

9. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your account or access to the Services if you breach this Agreement, if required by law, or if we discontinue the Services or any feature. Sections 4 (license limitations), 5 (representations), and 10 through 13 survive termination.

10. Disclaimers

The Services are provided "as is" and "as available." To the maximum extent permitted by applicable law, MOMMENT disclaims all warranties, conditions, and representations, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or available in any particular location, or that any stream or recording will be captured, preserved, or of any particular quality.

Nothing in this Agreement excludes or limits any warranty, condition, or right that cannot be excluded or limited under applicable consumer protection legislation, including the Consumer Protection Act (Alberta).

11. Limitation of Liability

To the maximum extent permitted by applicable law: (a) MOMMENT will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, or goodwill; and (b) MOMMENT's total aggregate liability arising out of or relating to the Services or this Agreement will not exceed the greater of (i) the amounts you paid to MOMMENT for the Services in the twelve (12) months before the event giving rise to the claim, and (ii) CAD $100. These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose, and do not apply to liability that cannot be limited under applicable law.

12. Indemnification

You will indemnify and hold harmless MOMMENT, its directors, officers, employees, and agents from and against claims, damages, losses, and expenses (including reasonable legal fees) arising out of Your Content, your breach of this Agreement, or your violation of any law or of any third party's rights.

13. Governing Law and Disputes

This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The courts of Alberta, sitting in Calgary, have exclusive jurisdiction over any dispute arising out of or relating to this Agreement or the Services, and you and MOMMENT each attorn to the jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction or limits any rights you have under applicable consumer protection law.

14. Changes to this Agreement

We may update this Agreement by posting a revised version at momment.io/legal with an updated effective date. Material changes will be notified through the Services or by email. Your continued use of the Services after the effective date of a revised Agreement constitutes acceptance.

15. General

This Agreement, together with the policies it incorporates, is the entire agreement between you and MOMMENT regarding the Services. If any provision is held unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign this Agreement without our consent; we may assign it in connection with a merger, acquisition, or sale of assets.

16. Contact

1427454 Alberta Inc. o/a MOMMENT Head Office: 30 Alexandria Green SW, Calgary, Alberta, T3E 8E8 Legal Office: 2023 125 St SW, Edmonton, Alberta, T6W 0A4 All legal inquiries: legal@momment.io