Terms of Service

Mimentum grants you a limited, non-exclusive, non-transferable, and revocable license to:
- Access the Service for lawful purposes
- Create accounts and galleries
- Upload, store, and manage photos and videos
- Invite others to contribute content
- Download and export content you own

Without limiting other prohibitions in these Terms, you may not:
- Modify copies of any materials from the Service
- Use the materials for any commercial purpose or for any public display
- Remove any copyright, trademark, or other proprietary notices
- Transfer the materials to another person or "mirror" the materials on any other server
- Attempt to decompile or reverse engineer any software on the Service
- Upload viruses or malicious code
- Collect or track personal information of others without consent
- Use automated tools to access or scrape the Service
- Violate any applicable laws or regulations
- Circumvent security measures or authentication systems
- Interfere with the proper functioning of the Service

We may terminate this license at any time for violation of these Terms without notice or liability.

To use certain features of Mimentum, you must create an account ("Account"). You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update Account information
- Maintain confidentiality of your password and login credentials
- Accept responsibility for all activities under your Account
- Immediately notify us of unauthorized access or security breaches

You represent and warrant that:
- You are at least 18 years old (or the age of majority in your jurisdiction)
- You are not a minor or, if a minor, have parental consent
- You have the legal capacity to enter into this Agreement
- You are not prohibited from using the Service by law
- You are not on any government sanctions list

You are responsible for:
- All activities and content posted under your Account
- Maintaining secure access to your Account
- All costs and charges incurred through your Account
- Complying with all applicable laws

We are not responsible for:
- Unauthorized access to your Account
- Loss of data due to Account compromise
- Content posted without your authorization (unless we are negligent)

We may suspend or terminate your Account for:
- Violation of these Terms
- Unlawful activities
- Content violations
- Payment failures
- Inactivity
- At our sole discretion, without liability

You agree not to upload, post, or transmit:
- Illegal content or content that violates any applicable law
- Child sexual abuse material (CSAM) or exploitative content
- Content that infringes intellectual property rights
- Defamatory, harassing, threatening, or abusive content
- Spam, phishing, or malware
- Nude or sexually explicit content (except private family photos)
- Graphic violence or gore
- Hate speech or discriminatory content
- Content that promotes violence or illegal activities
- Personal information of others without consent
- Copyrighted material without authorization
- Content that violates anyone's rights or dignity

You agree not to:
- Harass, threaten, or intimidate other users
- Engage in stalking, doxing, or surveillance
- Attempt to gain unauthorized access to the Service
- Disrupt or interfere with the Service
- Engage in scams, fraud, or deceptive practices
- Solicit personal or financial information from others
- Sell, trade, or transfer access to the Service
- Bypass authentication or security measures
- Use the Service for commercial purposes without permission
- Impersonate another person
- Violate the privacy or rights of others

We reserve the right to:
- Monitor Content for violations
- Remove Content that violates these Terms
- Investigate suspected violations
- Cooperate with law enforcement
- Disable features used for violations
- Terminate Accounts in violation of these Terms

Mimentum and its content are protected by copyright, trademark, and other intellectual property laws:
- Our logo, design, and branding are our exclusive property
- Our software code and algorithms are proprietary
- Our documentation and materials are copyrighted
- All rights not expressly granted are reserved

When you upload content to Mimentum:
- You retain all rights to your Content
- You grant us a non-exclusive license to:
- Store and maintain your Content
- Transmit your Content to authorized users
- Create backups and copies
- Display your Content as part of the Service
- Use aggregated, anonymized data for analytics
- Use Content for security and abuse detection

By uploading Content, you represent and warrant:
- You own or have rights to the Content
- You have permission from all people depicted in the Content
- The Content does not infringe any third-party rights
- You have necessary permissions for commercial/wedding photography

- You are solely responsible for third-party Content you upload
- We are not responsible for third-party infringement claims
- We may remove allegedly infringing Content
- You indemnify us for Content infringement claims

Mimentum offers multiple subscription tiers:
- Free Plan: 1 gallery, 1GB storage, 50 photos per gallery, no team members
- Starter Plan ($10/month or $90/year): 5 galleries, 10GB storage, 200 photos per gallery, 2 team members, custom slugs
- Pro Plan ($29/month or $290/year): 25 galleries, 50GB storage, 1000 photos per gallery, 10 team members, custom domains, advanced analytics, priority support
- Business Plan ($79/month or $790/year): Unlimited galleries, 500GB storage, unlimited photos, unlimited team members, all Pro features

See our Pricing Page for current features, limits, and pricing.

- You can upgrade at any time; upgrades are effective immediately
- Downgrades take effect at the start of your next billing cycle
- You will not receive refunds for prorated downgrade periods
- Upgrading entitles you to the new plan's features immediately

- Charges are billed on the date you select (monthly or yearly)
- Charges are in USD unless otherwise stated
- Sales tax may apply based on your location
- Billing cycles renew automatically unless cancelled
- Invoices are sent to your registered email address

We accept:
- Credit cards (Visa, Mastercard, American Express)
- Debit cards
- Other payment methods as specified

Payment is processed by Stripe, our third-party processor:
- Your payment information is secured by Stripe
- We do not store complete payment card details
- Stripe's terms and privacy policy apply to payment processing

If a payment fails:
- We will attempt to re-bill your payment method
- If payment fails, your Account may be suspended
- Your data will be retained for 30 days
- After 30 days, your Account may be terminated
- Charges may be assessed for recovery costs

- Prices are quoted in USD
- Prices may change with notice
- Price changes apply to new subscriptions and renewals
- Existing subscriptions maintain current pricing for 30 days after notice

Refunds are generally non-refundable except:
- Billing errors: If we overcharge, we will refund the difference
- Service failure: If we fail to provide paid services, we may offer a pro-rata refund
- Cancellation: Monthly plans can be cancelled anytime; yearly plans cannot be refunded

Refund requests must be submitted within 30 days of the charge.

You may cancel your subscription at any time:
- No penalties or fees apply
- Access continues until the end of the current billing period
- You retain access to your data for 30 days after cancellation
- Free plan restrictions apply after cancellation

If Mimentum offers a free trial:
- Only available to new customers
- One trial per customer/email address
- Requires valid payment method
- Access is subject to these Terms

- Free trial period is specified at signup (7 days for Starter, 14 days for Pro and Business plans)
- Trial provides access to all paid features
- At trial end, we will attempt to charge your payment method
- No refunds if you don't cancel before trial ends
- You can cancel anytime during the trial

- Promotional codes are subject to terms and conditions
- Codes are non-transferable and may not be combined
- Codes expire on the specified date
- Discount is applied to the specified plan only
- Refunds do not include promotional discounts

Storage limits vary by plan:
- Free Plan: 1GB
- Starter Plan: 10GB
- Pro Plan: 50GB
- Business Plan: 500GB

Storage includes:
- Original photo/video files
- Backup copies
- Thumbnails and previews
- Gallery metadata

- We may impose reasonable bandwidth limits
- Excessive use may result in service suspension
- CDN costs for abnormal usage may be charged

If you exceed storage or other limits:
- We will notify you of the overage
- You can upgrade your plan immediately
- If limits are exceeded for 30 days, we may suspend your Account
- We will delete oldest content to stay within limits (with notice)

Upon Account cancellation:
- We retain your data for 30 days
- You can request deletion or export before this period
- After 30 days, data is deleted permanently
- Deleted data cannot be recovered

When you invite guests to upload content:
- Guests are not party to this Agreement
- You are responsible for guest compliance
- You have obtained necessary permissions from guests
- You are responsible for all guest-uploaded Content

When guests upload content:
- We collect guest name and email (if provided)
- We collect device identifiers
- We collect upload activity and timestamps
- Guests have rights under our Privacy Policy

You may remove guests at any time:
- Their access is revoked immediately
- Their content remains in the gallery (unless you delete it)
- Their data is retained for the gallery's lifetime

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW:

- WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
- WE MAKE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
- WE DO NOT WARRANT THAT THE SERVICE WILL BE:
- UNINTERRUPTED OR ERROR-FREE
- FREE OF DEFECTS OR VIRUSES
- SECURE OR PROTECTED FROM UNAUTHORIZED ACCESS
- SUITABLE FOR YOUR PURPOSES
- RELIABLE OR ACCURATE

- WE ARE NOT RESPONSIBLE FOR DATA LOSS OR CORRUPTION
- WE MAINTAIN BACKUPS BUT DO NOT GUARANTEE RECOVERY
- YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS
- WE ARE NOT LIABLE FOR LOST PROFITS OR DATA

- We are not responsible for third-party services (payment processors, hosting)
- We are not responsible for third-party content or links
- Third parties may have separate terms and privacy policies
- We do not endorse third-party services

We may interrupt the Service for:
- Maintenance and updates (we will provide notice when possible)
- Security issues or emergency situations
- Legal requirements
- Technical issues

We are not liable for service interruptions except for gross negligence or willful misconduct.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIMENTUM'S LIABILITY IS LIMITED TO:

- THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR
- IF YOU PAID NOTHING, $100 USD

IN NO EVENT SHALL MIMENTUM BE LIABLE FOR:
- INDIRECT DAMAGES (LOST PROFITS, LOST DATA, LOST BUSINESS)
- INCIDENTAL DAMAGES
- CONSEQUENTIAL DAMAGES
- SPECIAL DAMAGES
- PUNITIVE DAMAGES

- REGARDLESS OF THE CAUSE OF ACTION (CONTRACT, TORT, NEGLIGENCE)
- REGARDLESS OF THEORY OF LIABILITY
- EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

Some jurisdictions do not allow limitations of liability. In those cases:
- Limitations may not apply to you
- Applicable law may provide greater protections
- We will comply with mandatory consumer protections

Before initiating formal proceedings, we encourage resolution:
- Contact us at support@mimentum.online
- Provide details of the dispute
- Allow 30 days for informal resolution
- Work in good faith toward settlement

This Agreement is governed by and construed in accordance with:
- The laws of the State of Delaware, United States
- Without regard to conflict of law principles

- Exclusive jurisdiction: Courts of the State of Delaware
- Exclusive venue: Wilmington, Delaware
- You consent to jurisdiction and venue

FOR USERS IN THE US:

Any dispute shall be resolved by binding arbitration:
- American Arbitration Association (AAA) rules apply
- Single arbitrator or panel as determined by rules
- Arbitration occurs in Wilmington, Delaware or remotely
- Arbitrator's decision is final and binding
- Judgment may be entered in any court of competent jurisdiction

Exceptions:
- Claims for injunctive relief or specific performance
- Intellectual property claims
- Claims under $5,000 may be brought in small claims court

YOU AND MIMENTUM AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. NEITHER YOU NOR MIMENTUM MAY BRING:
- CLASS ACTION LAWSUITS
- CONSOLIDATED LAWSUITS
- MASS ACTIONS
- REPRESENTATIVE ACTIONS

Each party must bring claims individually.

- Either party may seek injunctive relief for breach of IP rights or confidentiality
- Either party may seek emergency or interim relief in court
- Seeking injunctive relief does not waive arbitration rights

We reserve the right to modify these Terms at any time. Changes are effective:
- Upon posting to the Service
- Or as otherwise specified in the notice

For material changes, we will:
- Email registered users
- Post prominent notice on the Service
- Allow reasonable time (at least 30 days) for review

Your continued use of the Service after changes constitutes acceptance. If you do not agree with changes:
- You may terminate your Account
- For paid subscribers, you may receive a pro-rata refund
- Your right to use the Service terminates immediately

You may terminate your Account at any time:
- Through Account settings
- By emailing support@mimentum.online
- No explanation required

We may terminate your Account for:
- Violation of these Terms
- Illegal or harmful activities
- Threats or harassment
- Intellectual property infringement
- Inactivity (over 1 year)
- Non-payment
- For any reason with written notice (30 days for paid accounts)

Upon termination:
- Your Account access is revoked
- Your galleries are no longer accessible
- Your data is retained for 30 days
- No refunds are issued (except as required by law)
- Provisions that survive termination remain in effect

The following provisions survive termination:
- Intellectual Property Rights (Section 5)
- Warranties and Disclaimers (Section 10)
- Limitation of Liability (Section 11)
- Indemnification (Section 12)
- Dispute Resolution (Section 13)
- Governing Law and Jurisdiction
- Any payment obligations

Any feedback, suggestions, or ideas you provide about Mimentum:
- Are non-confidential and non-proprietary
- We may use them without obligation or compensation
- We own all rights to improvements based on your feedback
- You waive any claims to feedback you provide

You may not assign your rights under these Terms without written consent.

We may assign our rights, including in:
- Business transfers or acquisitions
- Merger or reorganization
- Sale of assets
- Financing arrangements

We will notify you of material assignments.

- Data processing terms in Privacy Policy apply
- You have all consumer rights under EU law
- Mandatory consumer protection laws apply

- All California consumer protection laws apply
- Automatic renewal laws (CA Business & Professions Code Section 17602) apply
- "Click to Cancel" compliance: You can cancel online as easily as you signed up
- You have the right to refunds for automatic renewals

- UK consumer law and GDPR apply
- Consumer Rights Act 2015 protections apply
- You may have rights beyond those specified in these Terms

- Privacy and personal data handling comply with PIPEDA
- You have privacy rights under PIPEDA
- Data processing is regulated by PIPEDA

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