Momentlet Terms of Service
These Terms of Service (“Terms”) govern your use of the Momentlet iOS application and its related image-generation services (collectively, the “Service”). “Momentlet,” “we,” “us,” and “our” refer to the operator of the Service.
By downloading or using the Service, you agree to these Terms. If you do not agree, do not use the Service. Our Privacy Policy explains how information is handled and is incorporated into these Terms.
1) Eligibility
The Service is not intended for individuals under 13. By using the Service, you represent that you are at least 13 and legally able to agree to these Terms. You may use the Service only where it is lawful and available.
2) The Service
Momentlet lets you describe a moment, select a visual style, and request an AI-generated image. Successful creations can be stored in a local Moment library with their original description, style, creation date, and favorite status.
- No Momentlet account is required.
- Image generation requires an internet connection and remote image-generation services.
- The Moment library is stored locally on your device. Momentlet does not currently provide cloud sync, cloud backup, or cross-device recovery.
- AI-generated images are creative interpretations and may not accurately reproduce an event, person, place, object, or memory.
To generate an image, the Service sends your description, selected style, and necessary technical information for remote processing. Momentlet asks for permission before the first request. You can withdraw that permission in the app, but image generation cannot work without remote processing.
3) Free access and Momentlet Premium
A user without an active subscription may complete up to three successful creations using the currently designated free styles. This is a cumulative allowance and does not reset.
An active Momentlet Premium subscription currently includes up to 100 successful creations in each subscription month and access to all current visual styles. Monthly and yearly subscriptions provide the same feature benefits but have different billing periods and prices.
A creation counts against the allowance only after a valid generated image is successfully saved to the local Moment library. Failed requests do not count. Unused Premium creations do not roll over to the next subscription month.
We may adjust allowances or included features for future billing periods where permitted by law. Material changes will be communicated when required.
4) Subscriptions and payments
Subscriptions are offered as auto-renewing in-app purchases through Apple.
- Apple charges your Apple Account when you confirm a purchase.
- The purchase screen displays the localized price, billing period, and any applicable offer before confirmation.
- A subscription renews automatically unless you cancel at least 24 hours before the current billing period ends. Apple may charge for renewal within 24 hours before the end of that period.
- You can manage or cancel a subscription in your Apple Account subscription settings. Cancellation normally takes effect at the end of the paid period.
- Restore purchases asks Apple to restore an eligible subscription entitlement.
- Apple handles payment processing, billing records, refunds, and chargebacks. Refund requests are subject to Apple’s policies.
- If Apple displays a trial or promotional offer, the terms shown during purchase apply.
Deleting the app does not cancel a subscription.
5) Your content and generated images
“Your Content” means descriptions, instructions, and other material you submit to the Service. You retain any rights you have in Your Content. You grant us a limited, non-exclusive license to transmit and process Your Content only as reasonably necessary to provide, secure, troubleshoot, and legally operate the Service.
You must have the rights and permissions needed to submit Your Content. Do not submit confidential information, another person’s personal information without permission, or material you are not authorized to use.
We do not claim ownership of images generated specifically in response to your requests. Whether an AI-generated image can be protected by copyright or other rights depends on applicable law. We do not guarantee that a generated image is unique, non-infringing, or cleared for commercial use.
You are responsible for reviewing generated images and ensuring that your saving, sharing, publication, or other use complies with applicable law and third-party rights.
6) Acceptable use
You may not use the Service to:
- violate any law or another person’s intellectual-property, privacy, publicity, or other rights;
- submit content you do not have permission to use;
- exploit or sexualize minors;
- create unlawful threats, harassment, hateful abuse, non-consensual intimate material, or instructions intended to facilitate serious harm;
- impersonate another person or use generated content deceptively or fraudulently;
- introduce malware, interfere with the Service, or gain unauthorized access;
- bypass subscriptions, generation limits, rate limits, or other access controls;
- make automated or excessive requests that burden the Service; or
- resell, scrape, reverse engineer, or commercially exploit the Service itself except where applicable law expressly permits it.
We may block a request or suspend access when reasonably necessary to enforce these Terms, comply with law, or protect users, third parties, and the Service.
7) Intellectual property
The Momentlet app, software, design, branding, and non-user materials are owned by the operator of Momentlet or its licensors and are protected by applicable law. These Terms allow you to use the Service for your personal use. They do not transfer ownership of the Service or its branding to you.
8) Local storage and third-party services
Your Moment library is stored on your device and is not currently synced or backed up by Momentlet. Removing the app or its data, losing or damaging the device, system failure, or storage corruption may permanently remove Moments. Saving an image to Photos creates a separate copy subject to your Photos and iCloud settings.
The Service relies on third-party services for functions such as cloud infrastructure, image generation, logging, and payment processing. Their services may be governed by their own terms and privacy policies. We remain responsible for our own obligations under applicable law.
9) Service availability and changes
Image generation depends on internet access and third-party services. Requests may fail, time out, be limited, or become temporarily unavailable. We do not guarantee uninterrupted availability, a particular model, a particular generation time, or a particular result.
We may update the Service or temporarily suspend it for maintenance, security, legal compliance, or provider availability. If a paid service is discontinued, we will provide any notice or remedy required by law and Apple’s applicable procedures.
10) Termination
You may stop using the Service at any time. We may suspend or terminate access when reasonably necessary because of a material or repeated breach of these Terms, unlawful use, a security risk, or discontinuation of the Service.
Termination does not automatically cancel an Apple subscription. You must cancel it through Apple.
11) Service expectations and consumer rights
Momentlet is a creative tool. Generated images may be inaccurate, unexpected, or similar to images generated for other users. We do not guarantee a particular result.
To the extent permitted by law, we are not responsible for indirect or consequential losses that were not reasonably foreseeable when you agreed to these Terms.
Nothing in these Terms limits any warranty, remedy, consumer right, or liability that cannot legally be limited or excluded, including liability for fraud, willful misconduct, or death or personal injury where applicable law prohibits limitation.
12) Apple App Store terms
If you obtained Momentlet through the App Store, you acknowledge that:
- these Terms are between you and the operator of Momentlet, not Apple;
- Apple has no obligation to provide maintenance or support for Momentlet;
- Apple may provide remedies required by its applicable terms if the app fails to conform to an applicable warranty; and
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the applicable App Store terms against you.
13) Governing law and miscellaneous terms
Unless applicable law requires otherwise, these Terms are governed by the laws of the jurisdiction in which the operator of Momentlet is established, without regard to conflict-of-law rules. Nothing in these Terms deprives you of mandatory consumer rights or access to courts available where you live.
If any provision is unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions will continue. A failure to enforce a provision is not a waiver.
14) Changes to these Terms
We may update these Terms to reflect changes in the Service or law. We will post the revised Terms and provide additional notice when required. Changes apply prospectively. If you do not agree to updated Terms, stop using the Service and cancel any future subscription renewal.
15) Contact
If you have questions about these Terms, contact:
Email: littoraart@gmail.com