Terms of Service

1. Agreement to Terms

By downloading, installing, or using Moments (“the App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.

Moments is operated by Dustin Driese (“we,” “us,” or “our”). These Terms govern your use of the Moments mobile application and any related services.

2. Description of Service

Moments is a family-oriented photo and video journaling app that allows parents and caregivers to capture, organize, and preserve memories of their children. Key features include:

Creating and storing photo, video, and text-based moments organized by child
Recording voice notes and attaching milestones to moments
Syncing data securely across your devices via cloud sync
Sharing albums with co-parents and family members through handoff keys
Designating legacy contacts who may receive access to your vault under configurable inactivity conditions
Importing and exporting moment data
Receiving notifications about shared album activity

3. Eligibility

You must be at least 18 years of age to create an account and use Moments. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

4. Account and Authentication

Moments uses Sign in with Apple for authentication. You are responsible for maintaining the security of your Apple ID and any device used to access the App. You agree to accept responsibility for all activities that occur under your account.

5. Subscription and Payment

5.1 Free Trial

Moments offers a free trial period for new users. The duration and terms of the free trial will be specified at the time of sign-up. You may cancel during the free trial without being charged.

5.2 Subscription Pricing

After the free trial, continued access to Moments requires a paid subscription of $5.00 USD per month. Subscription fees are billed monthly through Apple's App Store and are subject to Apple's payment terms.

5.3 Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. You can manage and cancel your subscription through your Apple ID account settings.

5.4 Refunds

Refund requests are handled by Apple in accordance with Apple's refund policies. We do not process refunds directly.

5.5 Price Changes

We reserve the right to change subscription pricing. Any price changes will take effect at the start of the next billing period following notice to you. Continued use of the App after a price change constitutes acceptance of the new price.

6. User Content

6.1 Ownership

You retain all ownership rights to the photos, videos, voice recordings, text notes, and other content you create or upload through the App (“User Content”). We do not claim any ownership interest in your User Content.

6.2 License

By using the App, you grant us a limited, non-exclusive license to process, store, and transmit your User Content solely for the purpose of providing and improving the App's functionality. This includes processing images for storage optimization, extracting metadata (such as dates and GPS coordinates) for organizational purposes, and syncing data to our secure cloud infrastructure.

6.3 Responsibility

You are solely responsible for your User Content. You represent and warrant that you have all necessary rights and permissions to upload and share any content through the App, including photos and videos of minors for whom you are a legal parent or guardian.

6.4 Content Involving Minors

Moments is designed for parents and legal guardians to document their children's lives. By uploading photos, videos, or other content depicting minors, you represent and warrant that you are the legal parent or authorized guardian of the children depicted. You agree not to upload content depicting minors for whom you do not have legal parental or guardianship authority.

7. Data Storage and Syncing

7.1 Cloud Storage

Moments uses Supabase, a secure cloud platform, to store and sync your data. Your data is encrypted in transit and at rest. We are not responsible for the availability, reliability, or security of Supabase's infrastructure beyond our reasonable control.

7.2 Local Storage

Moment data is stored locally on your device and synced to the cloud. Full-resolution media is stored in Supabase Storage; only lightweight thumbnails are kept on your device to minimize storage usage.

7.3 Data Integrity

While we take reasonable measures to ensure data integrity, we cannot guarantee that data will never be lost, corrupted, or become inaccessible. We strongly recommend using the App's export feature to maintain independent backups of your moments.

8. Sharing and Collaboration Features

8.1 Handoff Keys

Moments allows you to generate handoff keys to share album access with other users. When you share a handoff key, you authorize the recipient to access the shared album according to the permissions you configure (read-only or read-write co-parent access).

8.2 Co-Parent Access

When you grant co-parent access, the recipient will have read-only access to the shared child's album. To create new moments, the co-parent must have an active Moments subscription, either their own or through Apple Family Sharing. Read-only access remains available regardless of subscription status. You are responsible for only granting co-parent access to individuals you trust and who have a legitimate relationship with the child.

8.3 Revocation

You may revoke handoff keys at any time. Revocation will prevent future access but does not retroactively remove data that has already been synced to another user's account.

9. Legacy Contacts

9.1 Designation

Moments allows you to designate legacy contacts who may receive access to your vault if you become inactive for a configurable period. By designating a legacy contact, you authorize the App to share your vault data with that individual if the inactivity and grace period conditions are met.

9.2 Inactivity Monitoring

The App monitors your activity through regular check-ins. If you do not open the App within your configured inactivity period, a grace period will begin during which you will receive reminder notifications. If the grace period expires without activity, your designated legacy contacts may be notified and granted access according to your configured delivery method.

9.3 Responsibility

You are solely responsible for configuring your legacy contact settings, including the choice of contacts, inactivity thresholds, and grace periods. We are not responsible for unintended disclosures resulting from your configuration choices, failure to use the App within your configured timeframes, or failure of notification delivery.

9.4 No Guarantee of Delivery

While we make reasonable efforts to monitor inactivity and deliver notifications to legacy contacts, we do not guarantee that the legacy contact system will function perfectly in all circumstances. Network conditions, service interruptions, email deliverability issues, and other factors beyond our control may affect the system's operation.

10. Prohibited Uses

You agree not to:

Use the App for any unlawful purpose or in violation of any applicable laws
Upload content that you do not have the right to share, including photos or videos of children for whom you are not a legal parent or guardian
Upload content that is illegal, abusive, exploitative, or harmful
Attempt to reverse-engineer, decompile, or disassemble the App
Interfere with or disrupt the App's infrastructure, including cloud sync services
Share handoff keys publicly or with unauthorized individuals
Create multiple accounts to abuse the free trial
Use the App to harass, stalk, or monitor individuals without their consent
Attempt to access another user's data without authorization

11. Privacy

Your use of Moments is also governed by our Privacy Policy. The Privacy Policy describes how we collect, use, and protect your information.

Key privacy points:

Photos, videos, and voice recordings are stored securely in Supabase Storage. Only thumbnails are kept on your device.
Authentication is handled through Sign in with Apple via Supabase Auth. We store only the information Apple provides (name and a relay email address, if applicable).
Location data extracted from photo metadata is stored as part of your moment data. We do not independently track your location.
Legacy contact notifications are sent via email through a third-party email service (Resend). Legacy contact details are stored in our secure Supabase database.
Heartbeat data (a timestamp of your last app activity) is stored in our Supabase database to enable the legacy contact system.

12. Intellectual Property

The App, including its design, code, graphics, user interface, and documentation, is owned by Dustin Driese and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the App in accordance with these Terms.

13. Third-Party Services

Moments relies on the following third-party services:

Supabase - for data storage, syncing, authentication, and media storage
Apple Sign in with Apple - for authentication
Apple MapKit / CoreLocation - for reverse geocoding of photo locations
Resend - for sending legacy contact notification emails

Your use of these services is subject to their respective terms and conditions. We are not responsible for the availability, performance, or policies of third-party services.

14. Disclaimers

The App is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

The App will be uninterrupted, error-free, or secure
Data will never be lost or corrupted
The legacy contact system will function in all circumstances
Cloud sync will always be available or timely
The App will be compatible with all devices or operating system versions

15. Limitation of Liability

To the maximum extent permitted by law, Dustin Driese shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of content, loss of access to memories, or emotional distress arising from or related to your use of the App.

Our total liability for any claims arising under these Terms shall not exceed the amount you have paid for the App in the twelve (12) months preceding the claim.

16. Indemnification

You agree to indemnify, defend, and hold harmless Dustin Driese from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

Your use of the App
Your User Content
Your violation of these Terms
Your violation of any third-party rights, including the privacy rights of any individuals depicted in your content
Your configuration and use of the sharing and legacy contact features

17. Termination

17.1 By You

You may stop using the App at any time. To cancel your subscription, manage it through your Apple ID account settings.

17.2 By Us

We reserve the right to suspend or terminate your access to the App at any time for any reason, including violation of these Terms. In the event of termination, your right to use the App will immediately cease.

17.3 Effect of Termination

Upon termination, your data will be retained in our cloud storage for a reasonable period to allow you to export it. We recommend exporting your data before terminating your account. After your account is deleted, your data will be permanently removed from our servers.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the App or by other reasonable means. Your continued use of the App after the effective date of any changes constitutes your acceptance of the revised Terms.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions.

20. Dispute Resolution

Any disputes arising from or relating to these Terms or your use of the App shall first be attempted to be resolved through informal negotiation. If a dispute cannot be resolved informally within 30 days, it shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Sun Prairie, WI.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

22. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Dustin Driese regarding your use of Moments and supersede any prior agreements.

23. Contact

If you have questions about these Terms, please contact us at:

Email: hello@usemoments.app
Website: https://usemoments.app