Terms of Service

These terms and conditions (the “Terms”) govern your use of the “Moment” app and its associated services (collectively, the “Services”) and your relationship with Moment Health Inc. (the “Company”). Please read these terms carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms, please do not use the Services. If you have any questions regarding the Terms, please contact the Company.

These Terms also document the data protection policy of the Company and rights of individuals using the Services under the General Data Protection Regulation (the “GDPR”).

General Data Protection Regulation

  1. The Company collects and processes your personal data in accordance with the Company’s Privacy Policy (the “Privacy Policy”) and in compliance with the GDPR and relevant laws. The Privacy Policy provides you with the necessary information regarding your rights, the obligations of the Company and explains when, how and why we process your personal data.

  2. By checking the box inside of the app and using the Services or signing up for an account, you acknowledge the Company’s Privacy Policy in addition to the Terms of Service.

  3. The GDPR defines “personal data,” otherwise referred to as “Personal Information,” in the Privacy Policy as any information relating to an identified or identifiable natural person or “data subject.” An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  4. The Privacy Policy sets out the procedures that must be followed when handling personal data. The principles and procedures set out therein must be followed by the Company, its agents, contractors, and other parties working on behalf of the Company.

Account terms

  1. You must be 16 years or older to use the Services. If you are younger than 16 years old, you must have the consent of your parent as described in the Privacy Policy.

  2. These Terms take effect when you use the Moment app or sign up for a Moment account, and continue for the entire duration of your use of the Services. If you use or 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 Services.

  4. You are solely responsible for keeping your account and password secure. You should immediately notify us of any unauthorized use of your accounts. We can reset your password for you. For security reasons, we cannot access your current password.

    If we believe there has been a breach of security of Company data, we may suspend your account or require you to change your password.

  5. You may not use the Services 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 periodic, monthly and yearly plans, and any automatic renewal of your subscription to the Services, are viewable through the Services and may change occasionally. If any part of a subscription term is included in the duration of your use of the Services, 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 in the Services itself or to our website(s).

  3. The Services may be offered with a free trial. Once that trial has expired, you will only be able to continue using the Services 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 are a paying subscriber or have a balance due, you will need to provide us with valid credit card information and authorize us to deduct the charges against that credit card. You should update the credit card information when it expires. If we are unable to process your credit card payment, we will attempt to contact you and suspend your account until payment can be made.

  5. If you paid the Company directly with your credit card, we will give you a refund for a prepaid month if we stop providing our Services to you for a reason that is not laid out in these Terms. You will not 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. The Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services for any reason at any time. The 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 Services

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

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

Copyright

  1. The Company owns the copyright of the look and feel of the Services. All such rights are 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.

Notification of personal data breach to supervisory authority and the data subject

  1. In the case of a personal data breach, the Company shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the facts of the personal data breach to the supervisory authority competent in accordance with applicable law, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.

  2. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the Company shall communicate the personal data breach to the data subject without undue delay.

General conditions

  1. Your use of the Services is at your own risk. The Services are 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 Services.

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

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

  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. The Company does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely or error-free or (iii) the quality of any products, services, information or other material purchased or obtained by you through the Services 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. The Company reserves the right to temporarily disable any account whose usage significantly exceeds the average usage by other Services 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 the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (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 Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to the Services.

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

  11. Technical support is only provided through email.

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

Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms.

This version of the Terms is effective starting November 13, 2018.