Welcome to Momento Software (hereinafter referred to as “This Software”). This User Agreement (hereinafter referred to as “This Agreement”) is a legal agreement between you and the operators of this Software (hereinafter referred to as “Us”) regarding the use of this Software and related services, designed to clarify rights and obligations for both parties and to regulate the behavior of use of the Software. Please carefully read and fully understand the full content of this Agreement, especially the restrictions, disclaimers, and dispute resolution terms, before downloading, installing, registering, or using this Software. Your download, installation, registration, login, and any use of this Software will be considered as your full acceptance of the obligations of this Agreement and your agreement to comply with this Agreement and related supplementary rules.
This provision applies to all users worldwide who use this Software and related services (hereinafter referred to simply as “Users”), and we will provide services in accordance with this provision as well as international general legal guidelines and corresponding regional laws and regulations (such as EU GDPR, U.S. DMCA, etc.). If you do not agree with any of this provision, please do not use this Software, and immediately uninstall and stop all related operations.
1. General Rules
1.1 Rule Effectiveness and Applicability
1.1.1 Effectiveness and Amendment
This provision is effective from the date of your first use of this Software. We have the right to amend this provision in accordance with legal and regulatory updates, service optimizations, business adjustments, etc. Upon amendments, you will be notified through this Software pop-up window, site-in-place notice, user registration email, etc., and the amended provision will take effect from the effective date indicated in the notification. If you continue to use this Software, it is considered that you have accepted the amended provision.
1.1.2 Additional agreements
The privacy policy, feature usage information, membership service agreement, content specification guidelines, and other relevant documents of this software are all supplementary agreements to this provision, and have equal legal validity to this provision. If the supplementary agreement is inconsistent with the content of this provision, the supplementary agreement is used as the basis.
1.2 Service scope and description
We provide users with core services such as video capture, editing, special effects processing, local storage, cloud backup, sharing publishing, account synchronization, etc., while reserving the right to add, pause, optimize, or terminate certain services based on business development. The relevant adjustments will be notified to users in advance in a reasonable manner to minimize the impact on user usage.
2. Account Registration and Usage Specifications
2.1 Registration Conditions and Requirements
2.1.1 Subject eligibility
Users must be over the age of 16 and have full civil conduct ability; minors under the age of 16 must register to use this Software with the explicit consent and assistance of the guardian, who assumes full responsibility for the minors‘ use behavior and the resulting consequences.
2.1.2 Information Authenticity
When registering for an account, users should provide truthful, accurate, and complete information (such as an email address) and update the account details promptly. If the provided information is false, invalid, or incomplete, we have the right to refuse to provide services, freeze or log out of the account, and are not liable for any compensation.
2.2 Account Usage and Management
2.2.1 Account Ownership and Permissions
User accounts belong to us, users only enjoy the right to use the account, cannot transfer, rent, lend, sell the account, nor can they hand the account over to others to operate on their behalf. Disputes and losses resulting from account transfers are on the user‘s own responsibility, and we have the right to take restrictions, freezes, logout, and other measures against violated accounts.
Security Responsibility
Users are responsible for properly storing the password of their account, binding mailbox and related authorization information, and for all operations under their account. If they discover that their account has been stolen or misused, they should immediately contact us and provide valid authentication materials, and we will assist in troubleshooting and handling, but will not bear any losses caused by improper storage by users themselves.
2.2.3 Authorized Third-Party Login
Users can sign in to this Software through third-party platform authorization, such as Google, Apple ID, and upon sign-in, it is considered that they consent to us obtaining public information (nicknames, head images, unique identifiers) authorized by the third-party platform for account binding and authentication. Users should ensure the legitimacy of the third-party account. If the third-party account is logged out or authorization expires, this Software account will not be able to function properly, and the related data risk is at the user‘s own risk.
3. Software Usage Specifications
3.1 Legal Use Requirements
3.1.1 Compliance Operations
Users are to use the Software in accordance with the Software instructions, these provisions, and the relevant regional laws and regulations, do not use the Software to engage in any illegal criminal activities, and do not provide technical support, assistance, or platforms for any illegal and non-compliance activities.
3.1.2. Malicious Manipulation Prohibited
You may not reverse engineer, reverse-compile, decompile, tamper, insert malicious programs, create derivative tools, use plugins, scripts, crawlers, and other technologies to interfere with the normal operation of this software, or use server resources for operations such as scrubbing, malicious downloads, and attacks. Otherwise, you will be liable for the resulting legal liability, and we have the right to pursue its compensation liability.
3.2 Authorization Use Specifications
Permissions such as camera, microphone, storage, location, etc. of this Software can be activated only with the explicit consent of the user, and permissions are used only for the implementation of the corresponding functionality. The user can revoke the authorization at any time in the system settings of the device. After revoking the authorization, it affects only the use of the corresponding functionality, and does not affect the normal provision of other services. The user must not obtain or abuse permissions through illegal means, and must not access or read unlawful files on the device.
4. Content Creation and Sharing Standards
4.1 Content Intellectual Property Rights
4.1.1 Ownership of User Content
Intellectual property rights to Vlog content (including video, audio, text, images, etc.) created and edited by the user through this Software are owned by the user. The user grants us a worldwide, non-exclusive, free, sublicensable use for display, storage, synchronization, sharing, and service optimization within this Software, and we will not unlawfully use the user content for other commercial purposes.
4.1.2 Restrictions on the Use of Third-Party Content
The third-party materials (such as music, images, special effects, etc.) that users use when creating content should ensure that they have received legal authorization and do not violate the copyright, trademark rights, portrait rights, etc. of third-party legal rights and interests. Users will bear full responsibility for disputes arising from the use of infringing materials, and we have nothing to do with them.
4.2 Prohibited Content
Users are not allowed to create, publish, share, or disseminate the following content through this Software. In violation, we have the right to delete content, restrict account functionality, freeze or log out accounts, and in serious circumstances will be handed over to judicial authorities for processing:
4.2.1 Violating Violating Content
Contents that violate international laws and regulations, local judicial authorities and administrative departments, including but not limited to inciting violence, terrorism, racial discrimination, hate speech, extremism, involving pornography, gambling, drugs, guns and ammunition, invasion of other people‘s privacy, and insulting and slandering others.
4.2.2 Contents of Harmful Public Interest
Contents endangering national security, public security, social and public interests, disturbing social order, spreading rumors, false propaganda, misleading the public, spreading viruses, malicious programs, and other harmful information.
4.2.3 Infringent and Unlawful Promotion Content
Content that violates legal rights such as intellectual property rights, business secrets, and personal rights of others; unauthorized commercial advertising, marketing, fraudulent information, and other content that violates common practice, good practices, this Ordinance, and supplementary rules.
5. Intellectual Property Attribution and Protection
5.1 Software Intellectual Property
5.1.1 Ownership
All intellectual property rights of this Software, including but not limited to the source code, programs, interface designs, logos, text descriptions, graphic materials, special effects templates, etc., are our property and are protected by the International Intellectual Property Law and corresponding regional laws.
5.1.2 Use Licensing Restrictions
We grant users a non-exclusive, non-transferable, revocable and legal right to use the Software only for personal and non-commercial purposes, not to copy, distribute, modify, adapt, translate, commercialize any intellectual property rights results from the Software without permission, and not to violate our intellectual property rights.
5.2 Processing of Intellectual Property Claims
If you believe that this software content or other user content violates your intellectual property rights, you can contact us to submit complaint materials and valid proof, we will review them promptly upon receipt, and if eligible, we will take measures such as deleting content, restricting account functionality, and informing the relevant users.
6. Disclaimer and liability limitation
6.1 Service Disclaimer
6.1.1 Disclaimer for Technical Failures
If this Software cannot be used properly due to server maintenance, network disruptions, technology upgrades, or unavoidable forces (such as natural disasters, public health events, or communications equipment failures), we will do our best to remedy this in a timely manner and notify users in a reasonable manner, and will not be liable for any direct or indirect damage caused by this.
6.1.2 Disclaimer for Third Party Behavior
This Software provides only a technical service platform, and does not take responsibility for auditing or warranty for content created and shared by users and services provided by third parties through this Software. Users and third parties resolve disputes arising from third parties‘ behavior and content on their own, and we take no responsibility.
6.2 Limitation of liability
To the extent permitted by law, we will not be responsible for any indirect, incidental, punitive, or expected loss of profit resulting from the use of this Software, and our cumulative liability for compensation will not exceed the actual fees the User has paid in this Software (if any). The User is solely responsible for personal losses and third-party claims resulting from the User‘s unlawful use of the Software.
7. Suspension and termination of services
7.1 Active termination
Users can request to sign off their account at any time to terminate their use of this software service. After signing off an account, we will delete the user‘s personal information and related data according to the privacy policy provisions, the related services, data and account benefits will not be recoverable, and the paid fees (if any) will not be refundable.
7.2 Passive termination
7.2.1 Termination of Violation
If a user violates this Ordinance and the Supplementary Rules, we have the right, depending on the severity of the violation, to take measures such as warnings, restriction of features, freezing of accounts, termination of services, and no refund of any paid fees (if any), with the user bearing all the resulting losses.
7.2.2 Termination of Business Adjustment
Due to business adjustments, legal and regulatory requirements, termination of partnerships, etc., we may terminate some or all of our services. We will notify users in a reasonable manner 30 days in advance and assist users in handling post-mortem matters such as data export and account cancellation.
8. Data Storage and Privacy Protection
8.1 Data Storage Responsibility
User-created content is stored on-premises devices by default, and if the cloud backup feature is enabled, we encrypt the stored content to servers that meet compliance requirements, and the storage duration follows the privacy policy agreement. Users should regularly back up important data, and we will not be liable for losses caused by data loss, corruption, or leakage, unless that loss is caused by our intentional or significant negligence.
8.2 Privacy Protection Commitment
We will strictly handle user personal information in accordance with this Software Privacy Policy, adopt security measures such as encrypted storage and access control to ensure the security of the information, and do not unlawfully collect, use, or share user privacy information, the specific content being based on the Privacy Policy.
9. Dispute Resolution
9.1 Negotiation Priority
Any disputes arising from or related to this Ordinance should first be resolved through friendly negotiations between the parties, with a negotiating period of 30 natural days.
9.2 Dispute jurisdiction and law enforcement
9.2.1 Jurisdiction Agreements
If negotiations fail, either party has the right to bring a lawsuit to the court with jurisdiction where we are located, or to apply for arbitration according to relevant international arbitration rules.
9.2.2 Applicability of Law
The establishment, enforcement, interpretation, implementation and dispute resolution of this Ordinance are governed by the International Common Law Guidelines and the laws of our local jurisdictions. If local laws and regulations have mandatory provisions, local mandatory provisions have priority.
10. Other Terms
10.1 Notification and Delivery
We send notifications to users through this software pop-up window, in-site announcements, user registration email, etc., and notifications are considered effective delivery from the date of issuance. Users who change their contact details should promptly update their account information, otherwise users will bear the consequences of delivery failure, infringement of rights, etc.
10.2 Terms and Conditions Independence
Any provision of this Ordinance deemed invalid or unenforceable does not affect the effectiveness of the other provisions, and the other provisions should continue to be enforced.
Contact Us
If you have questions about this provision, need to report a complaint, handle account issues, or provide feedback suggestions, you can contact us by:
Contact email: thewangs1688@gmail.com
We will respond to and process your request within 30 natural days after receiving it.
This User Agreement is in effect from the date of publication.
Momento Operations Team