Terms of Service

Please read these terms carefully.

By using Moment (“Service”) or signing up for an account, you are agreeing to be bound by the following terms and conditions (“Terms”) from Luna Bird LLC (“Company”).

Account terms

  1. You must be 13 years or older to use the Service.

  2. These Terms take effect when you sign up for Moment and continue for the entire duration of your use of the Service. Entering your email address and clicking “Sign up” means you’ve officially signed the Terms. If you sign up for Moment on behalf of another company or person, you represent that you have the authority to accept these Terms on their behalf.

  3. A valid email address is required to use the Service.

  4. You are solely responsible for keeping your account and password secure. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to hacked or stolen passwords, so keep your password safe. We can reset your password for you. For security reasons, we cannot access your current password.

  5. You may not use the Service for any illegal activity.

  6. A Moment account may only be used by a single person. Create separate accounts for different individuals.

  7. Humans only. Accounts registered by “bots” or other automated methods are not permitted and will be deleted without notice.

Payments and refunds

  1. Our fees for monthly and yearly plans are posted on our website and may change occasionally. If any part of a subscription term is included in the duration of your use of the Service, then payment is due for the full term. Payments are due on the same date, or the closest date, to the day you signed up for the subscription.

  2. Prices of all Services are subject to change with a 30-day notice from us. Changes to the price will be posted to the Moment site or in the Service itself.

  3. The Service may be offered with a free trial. Once that trial has expired, you will only be able to continue using the Service by paying in advance. If you fail to pay in advance, your account will be frozen and inaccessible until payment is made.

  4. As long as you’re a paying subscriber or have a balance due, you’ll provide us with valid credit card information and authorize us to deduct the charges against that credit card. You’ll update the credit card information when it expires. If we’re unable to process your credit card payment, we’ll attempt to contact you and suspend your account until payment can be made.

  5. When you paid the Company directly with your credit card, we’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances.

  6. All fees exclude any taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Cancellation

  1. It is your responsibility to ensure that your account has been properly canceled. You can cancel your account at any time by contacting kevin@inthemoment.io.

  2. All of your data will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is canceled.

  3. Your cancellation will be effective immediately once initiated.

  4. Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Company, in its sole discretion, reserves the right to refuse service to anyone for any reason, or no reason, at any time.

Modifications to the Service

  1. Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

  2. Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright

  1. The look and feel of the Service is copyright Luna Bird, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.

General conditions

  1. Your use of the Service is at your own risk. The Service is provided on an “as is” and “as available” basis.

  2. You acknowledge and understand that the Company uses third-party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

  3. You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service.

  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company employee, customer, or officer will result in immediate account termination and potential criminal charges.

  6. Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

  7. Your information may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting devices.

  8. Company reserves the right to temporarily disable any account whose usage significantly exceeds the average usage by other Service customers.

  9. You expressly understand and agree that Company and its officers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.

  10. The failure of Company to aggressively enforce any right or provision of the Terms of Service shall not be construed as a waiver of such right or provision. The Terms of Service outlines the entire agreement between you and Company and supersedes any prior agreements between you and Company, including prior iterations of the Terms of Service.

  11. Technical support is only provided through email.

  12. Questions about the Terms of Service should be sent to kevin@inthemoment.io.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

This version of the Terms of Service is effective starting March 10, 2015.