Terms of Service

01Who we are and what this covers

Momentify is operated by Murray Initiatives Pty Ltd (ABN 23 698 407 028), 2 Park Road, Crawley WA 6009, Australia ("Momentify", "we", "us", "our").

These terms are the agreement between you and us for the Momentify website, application, galleries and related services (the "Service"). Our Privacy Policy and Refund Policy form part of these terms.

In these terms, "you" means the person or business holding a Momentify account. "Your Content" means the video, photographs, audio, branding and other material you upload or create in the Service. "Viewer" means anyone you share a gallery with, such as your client or their guests.

02Accepting these terms

You accept these terms when you create an account, reserve a place, start a trial or use the Service. If you are accepting on behalf of a business, you confirm you have authority to bind that business, and "you" means that business.

If you do not agree to these terms, do not use the Service.

03Who can use Momentify

• You must be at least 18 years old.
• The Service is provided for business use by professional content creators, photographers, videographers and studios. It is not a service of a kind ordinarily acquired for personal, domestic or household use.
• You must not use the Service if you are barred from doing so under the laws of your country.

04Your account

• Give us accurate information and keep it up to date.
• You are responsible for your login details and for everything done through your account.
• Tell us promptly at hello@getmomentify.com if you think your account has been accessed without your permission.
• One account is for one business. Do not share logins outside your business or resell access to your account.
• Where we offer team or multi-user access, you are responsible for the people you invite and for what they do.

05Plans, trials and founding membership

Trial

New accounts start with a 7 day free trial from activation. If you do not cancel before it ends, your subscription begins automatically at your plan price and your card is charged.

Plans and allowances

Each plan includes an annual allowance of footage minutes and a working storage cap. Allowances are measured on the minutes of footage you upload. Unused allowance may roll over for up to three months, and does not carry beyond that. If you exceed your allowance or storage cap, we will ask you to move to a higher plan. We may limit further uploads until you do.

Founding membership

• Founding rates are limited in number and are tied to a continuous, active subscription.
• Each founding round has its own discount, price lock period and ongoing rate. The terms that apply to you are the ones published at the time you joined that round.
• If you cancel, your founding rate ends permanently and cannot be reinstated, including if you sign up again later.
• Founding seats cannot be sold, transferred or assigned to another person or business.
• The A$1 founding reservation holds your seat and saves your card. It is not a deposit, is not credited against your subscription, and is not refunded if you choose not to activate.

Pause

You may be able to pause your subscription instead of cancelling. While paused you keep your stored footage and your founding rate at a reduced monthly storage fee, and you cannot upload or deliver galleries. Paused time does not extend an annual term.

06Fees, billing and tax

• Fees are charged in advance, monthly or annually depending on your plan, and renew automatically until cancelled.
• Payments are processed by Stripe. By subscribing you authorise us to charge your saved payment method for each renewal.
• Prices are shown in Australian dollars, United States dollars or pounds sterling depending on where you are. Australian prices are subject to GST. Taxes in other countries are applied at checkout where required.
• If a payment fails we may retry it, and may suspend your account until it is paid.
• We may change prices with at least 30 days notice. Founding rates are protected for the period stated when you joined.
• Bank, card and currency conversion fees charged by your provider are yours to pay.

07Cancelling, refunds and what happens next

You can cancel at any time from your account settings. Monthly plans run to the end of the current billing month. Annual plans run to the end of the term and do not renew. Our Refund Policy sets out the detail and applies as if written into these terms.

08Your Content and who owns it

You own Your Content. Nothing in these terms transfers ownership to us.

You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transcode, compress, analyse, create thumbnails and previews from, transmit and display Your Content, for the sole purpose of providing the Service to you and to the Viewers you share galleries with. This licence lasts only as long as we hold Your Content and ends when it is deleted.

We do not use Your Content to train our artificial intelligence models for use with other customers unless you give us separate, specific permission. Automated processing of Your Content to deliver features to you, such as culling suggestions, scene grouping and search, is not model training.

We do not use Your Content in our marketing unless you agree in writing.

09Your responsibilities for footage and consent

By uploading Your Content and by using the Service, you represent and warrant on a continuing basis that:

• you own Your Content or have all rights and licences necessary to upload it and to have us process it as described in these terms;
• you have obtained all consents, permissions and releases required from your clients and from the people who appear in Your Content, including any consent required for recording, storage, processing by a third party platform, and sharing with Viewers;
• where face search is enabled, you have obtained the additional consent required for biometric processing from each person who appears in that footage, including a parent or guardian where the person is a child;
• those consents meet the requirements of the law of the country and, in the United States, the state where the footage was recorded and where the people in it live;
• Your Content does not infringe anyone's intellectual property, privacy or other rights, and does not breach any law;
• you will tell us promptly if anyone withdraws consent or asks for their information to be removed, and you will action it.

We do not verify consent and we are not responsible for obtaining it. If we receive a complaint or request from someone who appears in Your Content, we will pass it to you and you must deal with it promptly. We may remove content or disable a feature while a complaint is being resolved.

10Face search and biometric features

Face search is off by default and only operates on a gallery if you turn it on. When you turn it on you confirm the warranties in section 9. We record when face search is enabled, by whom, and what was confirmed.

Face templates are used only to find clips within that gallery. They are not sold, not matched across galleries or customers, and not used for model training. Retention is set out in our Privacy Policy.

We may restrict or disable face search in any location where we cannot meet the legal requirements, at any time and without notice.

11AI features

Momentify uses automated analysis to suggest which clips to keep, flag or remove, to group clips into scenes, and to support search. These are suggestions. You review them and nothing is deleted without your action. Clips you choose to remove are quarantined for 30 days and then permanently deleted.

Automated suggestions are not guaranteed to be accurate or complete. You are responsible for reviewing what you deliver to your clients.

12Momentify is not a backup service

We take reasonable steps to keep Your Content secure and available, including encryption and access controls. Even so, data can be lost through hardware failure, provider outage, software fault, cyber attack, accidental deletion by you or someone with access to your account, or termination of your subscription.

We are not liable for any loss of Your Content, and you accept that keeping your own copy is your responsibility. Where the law does not permit us to exclude that liability, section 18 applies.

13Acceptable use

You must not use the Service to:

• upload, store or share anything unlawful, including child sexual abuse material, which we report to the relevant authorities;
• upload material you do not have the right to upload, or that infringes anyone's rights;
• record or share footage of anyone who has not consented, or where recording was not permitted;
• harass, stalk, surveil or identify people without their consent, including through face search;
• attempt to access another customer's account, content or data;
• scrape, reverse engineer, decompile or copy the Service or any part of it;
• resell, sublicense or provide access to the Service to a third party as your own product, other than white-labelled delivery to your own clients as described in section 14;
• circumvent allowances, storage caps, rate limits or security measures;
• introduce malware, or interfere with the operation of the Service;
• use the Service in a way that breaches any law that applies to you.

We may investigate suspected breaches and may remove content, disable features, suspend or close accounts.

14Galleries, your clients and Viewers

Momentify lets you deliver galleries under your own branding. Your clients are your clients, not ours. You are responsible for your agreement with them, for what you promise them, and for the accuracy of anything you present under your branding.

You must not present Momentify as your own software product, or imply that you built it.

Viewers use galleries subject to these terms and our Privacy Policy. We may set limits on gallery sharing, download sizes and bandwidth where needed to keep the Service working for everyone.

15Availability, changes and support

We aim to keep the Service available but we do not guarantee uninterrupted access. We may need to carry out maintenance, and parts of the Service depend on third party providers such as Cloudflare, Amazon Web Services and Stripe.

We may add, change or remove features. If we remove a feature that is material to your plan, we will give you reasonable notice and you may cancel and receive a pro rata refund for the unused part of a prepaid annual term.

Support is provided by email at hello@getmomentify.com during Australian business hours.

16Our intellectual property

We own the Service, including the software, models, interface, designs, documentation and the Momentify name and branding. These terms give you permission to use the Service, not ownership of any part of it.

If you give us feedback, suggestions or ideas about the Service, we may use them without obligation or payment to you. This does not give us any rights in Your Content.

17Suspension and termination

You can close your account at any time. We may suspend or close your account if:

• you do not pay a fee when it is due;
• you breach these terms, particularly sections 9 and 13;
• we are required to by law, or to protect the Service, other customers or the public;
• we reasonably suspect fraud or misuse.

Where it is reasonable to do so, we will warn you first and give you a chance to fix the problem. If we close your account for breach, the 30 day download window in section 7 may not apply where we are legally required to remove content immediately.

If we stop providing the Service altogether, we will give you at least 90 days notice, refund the unused part of any prepaid term, and give you time to download Your Content.

18Liability

Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees. Because the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to meet a consumer guarantee is limited, to the extent the law allows, to supplying the Service again or paying the cost of having it supplied again.

Limit on our liability

Subject to the paragraph above, and to the extent permitted by law:

• our total liability to you for all claims arising out of or connected with these terms or the Service is limited to the total fees you paid us in the 12 months before the claim arose;
• we are not liable for indirect or consequential loss, loss of profit, loss of business, loss of goodwill, loss of opportunity, or loss arising from a claim made against you by your client or anyone else;
• we are not liable for loss of or damage to Your Content, as set out in section 12;
• we are not liable for anything caused by your breach of these terms, by your failure to keep your own copy of your footage, or by a third party service you chose to connect.

Things outside our control

We are not liable for failure or delay caused by something outside our reasonable control, including internet or provider outages, cyber attack, natural disaster, industrial action or government action.

19Indemnity

You indemnify us against any claim, loss, damage, cost or expense (including reasonable legal costs) arising from:

• Your Content, including any claim that it infringes someone's rights or was recorded, stored or shared without the necessary consent;
• your use of face search or any biometric feature, including any claim under a biometric privacy law;
• your breach of these terms or of any law;
• a dispute between you and your client or a Viewer.

We will tell you promptly about any claim we are indemnified for, and will not settle it without talking to you first.

20Privacy and data protection

Our Privacy Policy explains how we handle personal information. For footage you upload, you decide what happens to it and we process it on your instruction. Where the law requires a separate data processing agreement between us, we will enter into one on request.

21Changes to these terms

We may update these terms as the Service changes. We will publish the updated version with the date it was last updated, and give you at least 30 days notice by email of any change that materially affects you. If you keep using the Service after the change takes effect, you accept the updated terms. If you do not accept them, you can cancel and we will refund the unused part of any prepaid annual term.

22Disputes and governing law

If something goes wrong, email hello@getmomentify.com first. Most things are sorted faster that way than through a formal process, and we will respond within 5 business days.

These terms are governed by the laws of Western Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Western Australia. This does not remove any mandatory consumer protection you have under the law of the country where you live.

23General

• Assignment. You cannot transfer your rights under these terms without our written agreement. We may transfer ours if our business is sold or restructured, on notice to you.
• Whole agreement. These terms, with the Privacy Policy and Refund Policy, are the whole agreement between us about the Service.
• Severability. If part of these terms is unenforceable, the rest continues to apply.
• Waiver. If we do not enforce a right, that does not mean we give it up.
• Notices. We will contact you at the email on your account. You can contact us at hello@getmomentify.com.
• Survival. Sections 8, 9, 12, 16, 18, 19 and 22 continue to apply after your account ends.

24Contact