Terms of Use
These Terms of Use govern your use of MomentPass and the services provided through the MomentPass application.
1. What MomentPass is
MomentPass is a digital platform for preserving memories connected to places and experiences. MomentPass may allow you to collect digital souvenirs, create personal Memory Magnets, save photos and notes, organize Boards, build Passport progress, and obtain eligible souvenirs associated with real places.
2. Acceptance of these Terms
By creating an account or using MomentPass, you agree to these Terms. If you do not agree, do not use MomentPass.
3. Free service
MomentPass is currently offered as a free service. MomentPass does not currently charge users for access to the service or for Digital Souvenirs.
4. Your account
Certain MomentPass features require an account. MomentPass currently supports authentication through Apple, Google, and email.
You are responsible for maintaining access to your authentication method and for keeping your device and account credentials reasonably secure.
You must not impersonate another person, attempt to access another person's account, circumvent authentication, or interfere with MomentPass security mechanisms.
5. Eligibility
You may use MomentPass only if you are legally permitted to agree to these Terms. If applicable law requires parental or guardian permission because of your age, you may use MomentPass only with that permission.
6. Digital Souvenirs
For these Terms, a Digital Souvenir is an in-app collectible record or digital item associated with your MomentPass experience or account. Digital Souvenirs may include different types of collectible content offered through MomentPass.
Collecting a Digital Souvenir gives you the ability to access and display it through supported MomentPass features. Unless MomentPass expressly states otherwise, a Digital Souvenir:
- is not a physical good;
- is not redeemable for cash;
- does not give you ownership of underlying artwork, trademarks, venue rights, or other intellectual property represented by the item;
- is currently account-bound and cannot be transferred, traded, resold, or gifted through MomentPass.
7. Location-based claims
Some Digital Souvenirs may require you to be physically present at an eligible location. MomentPass may use your device location and reported accuracy to verify eligibility.
A claim may be rejected when MomentPass cannot reliably verify that the applicable location requirements are satisfied. GPS, device sensors, network conditions, buildings, terrain, approximate-location settings, operating-system behavior, and other technical factors may affect location accuracy.
MomentPass does not guarantee that every otherwise eligible claim can be completed successfully at every moment.
8. Fair claim rules
You may obtain a Digital Souvenir only through the eligibility method made available by MomentPass for that item.
You must not attempt to obtain Digital Souvenirs by falsifying location, manipulating device information, replaying requests, exploiting bugs, automating claims, interfering with eligibility systems, attacking backend services, or otherwise bypassing legitimate claim requirements.
MomentPass may reject an invalid, duplicate, or unverifiable claim. A particular Digital Souvenir may be limited to one valid acquisition per account where the product rules provide for that limitation.
9. Your personal memories and content
You retain your rights in photos, notes, titles, Boards, personal places, and other content that you create or add to MomentPass.
You are responsible for ensuring that you have the right to use content you add to the app and that your use of it does not violate another person's rights or applicable law.
MomentPass may process your content only to the extent reasonably necessary to provide the features you choose to use, including on-device processing and private iCloud synchronization.
Personal content is not made public by MomentPass merely because you store it in the app. If you intentionally use the iOS share sheet, the content you choose to share is provided to the recipient or service you select.
10. MomentPass and third-party content
MomentPass may display artwork, names, trademarks, location information, venue information, or other content owned by MomentPass or third parties.
Unless expressly stated otherwise, intellectual-property rights in that content remain with the applicable owner. Collecting or displaying a Digital Souvenir does not transfer those intellectual-property rights to you.
You may use MomentPass content for ordinary personal, non-commercial use through the functionality provided by the app. You may not counterfeit, commercially exploit, scrape protected service data, redistribute official assets as your own, or misrepresent ownership of MomentPass or third-party content without permission.
11. Boards, Passport, XP, and similar features
Boards, Passport progress, counts, stamps, achievements, XP, levels, and similar features are part of the MomentPass experience. They may be calculated from information available to the app and may change as MomentPass evolves.
These features do not represent money, stored monetary value, or a promise of future financial value.
12. Prohibited use
You may not use MomentPass to:
- gain unauthorized access to accounts, systems, or data;
- attack, probe, or interfere with authentication or backend infrastructure;
- use malware or abusive automation;
- falsify location or claim evidence;
- exploit errors to obtain unauthorized benefits;
- scrape protected service data in a way that interferes with or abuses the service;
- violate another person's rights or applicable law.
13. Service availability and changes
MomentPass depends on systems that may be outside our direct control, including Apple services, Google authentication, iCloud, location services, network connectivity, and hosting infrastructure.
We work to keep MomentPass reliable, but we do not guarantee uninterrupted availability or error-free operation.
MomentPass is an evolving service. We may add, change, replace, or discontinue features when reasonably necessary to develop, secure, or operate the product. If a change materially affects your legal rights or privacy, we will provide any notice required by applicable law.
14. Account deletion
You may initiate deletion of your MomentPass backend account from the app.
After deletion of your MomentPass account is confirmed, associated server-side account and collection records are removed. MomentPass automatically starts removing the personal memories, photos, notes, boards and custom places associated with that account from the app on your device and its private iCloud storage.
Cleanup can remain pending if the required connection or iCloud account is unavailable, and changes may take time to reach offline devices. See the MomentPass Privacy Policy for more information about account deletion and data retention.
15. Third-party services
MomentPass uses third-party platform and infrastructure services, including Apple, Google, Cloudflare, and DigitalOcean. Your use of those services may also be subject to their own terms and policies.
Your license to use the MomentPass iOS application is also subject to the applicable Apple App Store license terms.
16. No guaranteed monetary value
Digital Souvenirs, Passport progress, stamps, achievements, XP, levels, and similar MomentPass features have no guaranteed monetary value.
MomentPass does not currently provide an official mechanism for selling, trading, transferring, or redeeming Digital Souvenirs for money.
17. Disclaimer
To the extent permitted by applicable law, MomentPass is provided on an "as available" basis.
We do not guarantee that device location will always be accurate, that every claim attempt will succeed, that third-party services will always be available, or that every feature will operate without interruption or error.
Nothing in these Terms excludes or limits warranties, remedies, or consumer rights that cannot lawfully be excluded or limited.
18. Limitation of liability
To the maximum extent permitted by applicable law, MomentPass and its operator will not be liable for indirect, incidental, special, or consequential loss arising solely from your use of or inability to use MomentPass.
This limitation does not apply where liability cannot legally be excluded or limited, including mandatory consumer protections and liability arising from intentional misconduct or other categories protected by applicable law.
19. Privacy
Your use of MomentPass is also governed by the MomentPass Privacy Policy, which explains how personal data is processed.
20. Changes to these Terms
We may update these Terms when MomentPass changes or legal requirements evolve. If a change materially affects your rights, we will provide any notice required by applicable law and update the date above.
21. Governing law
These Terms are governed by the laws of the Czech Republic.
If you are a consumer, this choice of law does not deprive you of mandatory consumer protections that apply to you under the law of your country of habitual residence or other applicable mandatory law.
22. Contact
Moskalyuk Andrey
Czech Republic
support@momentpass.app