Moments Technologies Inc.

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR THE APP ON YOUR DEVICE

These Terms of Use (these “Terms”) constitute a legal agreement between you and Moments Technologies Inc. (“PlanPop,” “us,” “our,” or “we”) in respect of your use of the PlanPop website (planpop.com) (the “Site”) or mobile application and the services provided through the mobile application (individually and collectively, the “App”).


By accessing the App, downloading and installing the App onto your device, or clicking on the “Accept” button below, you agree to these Terms. If you do not agree to these Terms, we do not grant you permission to use the App, and you must not use them and you must uninstall the App from your device. We may immediately terminate these Terms, the App, or generally cease offering or deny access to the App or any portion thereof, at any time for any reason.

 

You must be at least 13 years of age in order to use the App. If you are under 16, you must read these Terms with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms. Your parent or guardian agrees to these Terms on your behalf.


These Terms are only available in the English language. 


  1. YOUR ACCESS TO THE APP


Your use of the App under these Terms is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from which you have downloaded the App (“App Store Terms”). In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that, if you have downloaded the App from the Apple AppStore, Apple, and Apple’s subsidiaries, are third party beneficiaries under these Terms and Apple will have the right to enforce these Terms against you directly.


We and our service providers are responsible for any maintenance and support of the App and you acknowledge that any App Store Provider from which you download the App is not under any obligation to you to carry out any maintenance and/or support for the App itself. 


These Terms apply to the App including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. We may change these Terms at any time and will notify you of a material change when you next start the App (we may also email you about any material changes to these Terms). The new terms may be displayed on-screen and you may be required to agree to them to continue your use of the App. The date these Terms were last updated appears at the bottom of these Terms.


From time-to-time we may issue updates to the App. Depending on the update, you may not be able to use the App until you have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain device models. In order to use the App, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the App will require certain software in order for the App to work correctly and it is your responsibility to ensure that you have the required up-to-date software, (b) the App has not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the App meets your requirements, and (c) you are responsible for obtaining the data network access, and the required device necessary (including any associated costs or fees) to use the App and any updates thereto. PlanPop does not guarantee the App will function on any particular network or device. In addition, the App may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.


You may only download and install the App onto a device that you own, or if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the App, whether or not you own the device onto which the App is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the App is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the App.


Access to the App may be suspended temporarily and without notice (i) in the case of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.


2. PERMITTED USE AND RESTRICTIONS


Subject to your compliance with all of these Terms, we grant you a non-transferable, non-sublicenseable, non-exclusive, revocable, limited license (i.e. permission) to use the App solely for your personal, non-commercial purposes. We reserve all other rights, which are not granted in these Terms. You may download and install the App through authorized App Store Providers only, and you may view, use and display the App for your personal purposes only.


In order to use most aspects of the App, you must register for and maintain an active personal user Account ("Account"). You must be at least 13 years of age to register for an Account. Unless otherwise permitted by PlanPop in writing, you may possess only one Account. 


Except as explained in these Terms or as permitted by any applicable local law, you shall not (and shall not permit any third party to): (a) copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up, (b) rent, lease, sub-license (i.e. grant anyone else the permission to use the App), loan, translate, merge, adapt, republish, post, display, distribute, vary or modify the App (or any part of it), (c) nor attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App, (d) remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices, and (e) provide, sell, or otherwise make available the App in whole or in part in any form to any person without our prior written consent.


You must not use (or permit a third party to use) the App: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system used by the App, (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (iii) to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, (iv) via use of a robot, spider, or other automated device, to monitor or copy the App or any information provided by the App, (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).


3. SECURITY AND PASSWORDS


You are solely responsible for keeping your password and any other authentication information confidential, and agree to be responsible for all activities that occur under your Account or password. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of the App.


We have the right to disable any password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.


4. YOUR PROMISES TO US


You promise to us that (a) you are authorized to agree to these Terms, (b) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country, (c) you are not listed on any United States government list or prohibited or restricted parties, (d) you assume the risk of any information submitted by you, and (e) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.


5. USER CONTENT


Whenever you make use of a feature that allows you to upload any content such as any text, audio, video, or other content via the App (“User Content”), or to share any User Content with other users of the App, you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third-party, (c) will comply with applicable laws (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Any User Content you upload to the App and any feedback or suggestions you provide to us regarding the App, you acknowledge and agree that: (i) such User Content will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose such User Content in connection with making the App available to third-parties and performing the functionality of the App, in any media now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such User Content, and the right to transfer or sublicense such rights; (iii) we may have something similar to the User Content already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the User Content under any circumstances. Although we may not actively monitor User Content, we have the right (but are under no obligation) to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate.

The App may include content provided by third-parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by PlanPop, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PlanPop. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.


6 .COPYRIGHT INFRINGEMENT - DCMA NOTICE


PlanPop complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).


If you have any complaints or objections to material posted on the Site you may contact our designated agent at the following address:


Email: contact@planpop.com

 

Any notice alleging that materials hosted by or distributed through the Site infringes intellectual property rights must include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of the material that you claim is infringing and where it is located on the Site; 

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.


7. PRIVACY


These Terms also incorporate the terms of our privacy policy (as updated from time-to-time), which is available from within the App and at https://planpop.com/privacy (the “Privacy Policy”). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings). 


You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the App. 


By agreeing to these Terms or using the App, you agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications from us may include responses to your inquiries, or operational communications concerning your Account or use of the App.


You can delete your Account at any time by signing-off of your Account and deleting the App. You acknowledge that canceling your Account alone does not delete your information from the App servers. Nevertheless, you acknowledge that you are solely responsible for saving or otherwise backing-up any data within the App, and (as detailed below) PlanPop is not responsible for any loss of data. To re-activate your Account, you can re-download the App and sign-in using the phone number or email address on file.  


By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (a) the processing of your personal information as explained in the Privacy Policy and (b) the collection of information from your device as explained in the Privacy Policy.


8. INTELLECTUAL PROPERTY RIGHTS


You acknowledge that all intellectual property rights in the App, whether registered or unregistered, including but not limited to rights in graphics, logos, "look and feel," trade dress, sequence, structure, organization, code, and all content (excluding User Content) in the App and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of PlanPop, protected by United States and foreign intellectual property laws. You acknowledge that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than limited license granted in Section 2 above.  Any use of our intellectual property beyond the scope of this license is prohibited.


In the event that anyone brings a claim that the App or any part of it, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any Third Party App Store Provider, including without limitation Apple) shall be responsible for the investigation, defense, settlement and discharge of any such claim.


You also agree not to use any non-public technical, financial, or strategic information or other proprietary or confidential information relating to our business, operations and properties (collectively, “Confidential Information”), disclosed to you by PlanPop for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any such Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of Confidential Information.


9. THIRD PARTY SITES AND SERVICES


The App may contain links to or allow you to share content directly with other third party services (“Third Party Services”). You acknowledge that we have no control over Third Party Services and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. 


These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content or other material contained in Third Party Services and we have no association with their operators. Your use of Third Party Services will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read and comply with all Third Party Terms.


10. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3


California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.


11. INDEMNITY


You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of the App; (b) any User Content you upload to the App; (c) your breach or violation of any of these Terms; or (d) your violation of the rights of any third-party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties. 


12. WARRANTY DISCLAIMER


WE PROVIDE THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE APP WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the App is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the App, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third parties with respect to the App and all information and content included on the App.


No information or advice obtained through the App, or any affirmation by us, by words or actions, shall constitute a warranty.


We only provide the App for domestic, personal and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you. In such jurisdictions, if there is a breach of warranty, you may notify Apple if you purchased the App from Apple, and Apple will refund the purchase price for the App, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation or liability whatsoever.


13. LIMITATION OF LIABILITY 


IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE APP OR YOUR INABILITY TO ACCESS OR USE THE APP) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE APP OR THESE TERMS, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF PLANPOP, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with the App including, without limitation, content on the App, is to stop using the App. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the App or any links on the App, as well as by reason of any information or advice received through or advertised in connection with the App or any links on the App. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party on the App.


In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the App or under these Terms whether in contract, tort (including negligence), strict liability or otherwise, shall not exceed One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the App must be brought to us (and not the App Store Provider) and must be brought within one year after such claim or cause of action arises or be forever barred. 


THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PLANPOP’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON PLANPOP’ CHOICE OF LAW PROVISION SET FORTH BELOW.


14. TERMINATION


We may terminate these Terms, deactivate your Account, and/or your permission to use the App immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the App, or (c) we are prevented from providing the App for any reason. 


Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the App and/or your access to it at any time with or without notice to you: (i) if required by law, (ii) due to an event beyond our control, or (iii) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.


On termination of these Terms for any reason: (w) all rights granted to you under these Terms will cease immediately, (x) you must immediately cease all activities authorized by these Terms (including your use of the App), (y) you must immediately uninstall and remove the App from your device(s), and (z) you acknowledge that we may restrict your access to the App and/or remove it from your device. Sections 5, 7, 8, and 11-16 will survive any termination or expiration of these Terms. 


15. COMMUNICATION BETWEEN US


If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.


16. OTHER IMPORTANT TERMS


We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms. 


If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 


Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such provisions shall be enforced to the maximum extent permitted by law, and the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.


These Terms are governed by California law, without regard to conflicts of law provisions thereof, and the state and federal courts located within Los Angeles County, California will have exclusive jurisdiction of all disputes relating to these Terms.


These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent. Such consent may be withheld in our sole discretion, and any purported assignment without such consent shall be null and void. We may assign these Terms to any party without notice thereof to you.


These Terms were last updated on October 13, 2021.


CONTACT US


Moments Technologies Inc. 

8605 Santa Monica Blvd., Unit 80071 

West Hollywood, CA 90069

Contact email address: contact@planpop.com