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Terms of Service

Last updated: November 11, 2024

1. Acceptance of Terms

By accessing or using Momento ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

2. Description of Service

Momento is an AI-powered photo organization and search tool that:

  • Connects to your Google Photos account (read-only access)
  • Analyzes photos using AI to generate searchable descriptions
  • Enables natural language search of your photo collection
  • Organizes photos into folders and collections

3. User Accounts

Account Creation

You must create an account using Google Sign-In to use Momento. You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

4. Your Content and Photos

Ownership

You retain all rights to your photos. We do not claim ownership of any photos you import from Google Photos.

License to Use

By using Momento, you grant us a limited license to:

  • Store thumbnails and metadata of your photos
  • Process photos with AI to generate searchable descriptions
  • Display photos back to you within the Service

This license terminates when you delete your account or remove specific photos.

Your Responsibilities

You agree that you:

  • Own or have rights to all photos you import
  • Will not upload illegal, harmful, or infringing content
  • Will not violate anyone's privacy or publicity rights
  • Are responsible for backing up your original photos

5. Acceptable Use

You agree NOT to:

  • Use the Service for any illegal purpose
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service
  • Use automated tools to access the Service (bots, scrapers)
  • Reverse engineer or attempt to extract source code
  • Upload malware, viruses, or malicious content
  • Impersonate others or provide false information
  • Harass, abuse, or harm others

6. Service Availability

We strive to keep Momento available 24/7, but we do not guarantee uninterrupted access. The Service may be unavailable due to:

  • Maintenance and updates
  • Technical difficulties
  • Third-party service outages (Google, OpenAI, hosting providers)
  • Force majeure events

7. Pricing and Payment

Free Tier

Momento currently offers a free tier with limitations on the number of photos. We reserve the right to change, modify, or discontinue any features at any time.

Future Paid Plans

If we introduce paid plans in the future:

  • Prices will be clearly displayed before purchase
  • Subscriptions will auto-renew unless cancelled
  • Refunds will be handled on a case-by-case basis
  • We may change pricing with 30 days notice

8. Intellectual Property

Our Property

Momento's source code, design, logo, and branding are protected by copyright and trademark laws. You may not copy, modify, or distribute any part of the Service without permission.

AI-Generated Content

Descriptions and embeddings generated by our AI belong to you and are stored solely for your use within the Service.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

We disclaim all warranties, including but not limited to:

  • Accuracy of AI-generated descriptions
  • Uninterrupted or error-free service
  • Security of data (though we implement reasonable measures)
  • Compatibility with your devices or browsers
  • Results or outcomes from using the Service

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICE.

This includes but is not limited to:

  • Lost photos, data, or content
  • Service interruptions or errors
  • Unauthorized access to your account
  • Third-party actions (Google, OpenAI, etc.)
  • Indirect, incidental, or consequential damages

Your sole remedy is to stop using the Service and delete your account.

11. Indemnification

You agree to indemnify and hold harmless Momento and its operators from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

12. Termination

By You

You may terminate your account at any time by deleting it through the Service. Upon termination, we will delete your data within 30 days.

By Us

We may suspend or terminate your account if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activity
  • Abuse or harm the Service
  • Fail to pay (if applicable)

13. Changes to Terms

We may update these Terms from time to time. Significant changes will be communicated via email or through the Service. Continued use after changes constitutes acceptance of the new Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of Brazil. Any disputes shall be resolved in the courts of Belo Horizonte, Minas Gerais, Brazil.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16. Contact Information

For questions about these Terms of Service:

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