Terms of Service

1. The agreement

Moments is operated by Top Bins LLC, [REGISTERED ADDRESS] ("we", "us"). These terms, together with our Privacy Policy, form the whole agreement between us about the service. If you do not accept them, do not use Moments.

2. Eligibility

You must be 18 or older to create an account or an experience. By creating one you confirm that you are. If you create an experience for a couple as their planner or on their behalf, you confirm you have their authority to do so.

Guests answering prompts do not need an account. Anyone submitting content confirms they are old enough to agree to these terms where they live.

3. Accounts

Accounts are created through Google Sign-In. You are responsible for what happens under your account and for the people you invite as admins — an admin can see and remove submissions in the experience you invited them to.

Tell us at christian@scavvy.com if you believe your account has been used without your permission.

4. What Moments does

A creator builds an experience: a title, a date, and a set of photo, video or written prompts. Once the experience is unlocked, guests reach it by link or QR code and answer the prompts in a browser. Submissions collect in the creator's storybook.

Moments is a way to gather and keep what guests send. It is not a backup service, and it is not a substitute for a photographer or for your own copies of anything you care about.

5. Purchases and refunds

An experience is created for free. Opening it to guests requires a one-time purchase for that experience. The price is shown before you buy, and in the app it is shown in your own currency by the App Store.

A purchase unlocks the experience it was made for. It does not carry over to another experience.

Refunds for purchases made in the iOS app are handled by Apple under the App Store terms, not by us — we cannot issue them. For a purchase made on the web, write to christian@scavvy.com.

6. Your content

You keep ownership of everything you create or submit: prompts, photos, videos and written answers.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display your content for the sole purpose of operating the service — showing a submission to the couple, assembling their storybook, and keeping it available to them. The licence lasts as long as the content is on the service and ends when it is deleted, apart from copies in routine backups that are overwritten on a rolling basis.

We will not use your content to advertise Moments, sell it, or use it to train machine learning models. If we ever want to feature something publicly, we will ask first.

7. Submitting other people's likenesses

By submitting content to a Moments experience, you confirm that:

• you took it, or you otherwise have the right to share it;
• you have permission from the people who are recognisable in it, including the parent or guardian of any child;
• it does not infringe anyone's copyright, privacy or other rights; and
• the couple whose wedding it is may keep and view it.

Anyone appearing in a submission may ask us to remove it, whether or not they uploaded it and whether or not they use Moments. See Reporting content.

8. Acceptable use

You agree not to:

• submit content you do not have the right to submit;
• impersonate anyone, or misrepresent your connection to an event;
• use Moments to harass, threaten or intimidate anyone;
• attempt to access an experience you were not invited to, or to circumvent our security rules;
• scrape, resell or redistribute another person's content from the service; or
• use Moments to break the law.

9. Objectionable content and abusive users

Objectionable content includes, without limit:

• sexually explicit material, and any sexual content involving a minor;
• content that is violent, graphic, or glorifies harm;
• hateful, harassing or discriminatory content, including content targeting a person or group by race, ethnicity, religion, disability, sex, gender identity, sexual orientation, age or nationality;
• content that invades someone's privacy or was captured without their knowledge in a place they would expect privacy;
• content that infringes copyright or trade marks; and
• spam, fraud, malware, or advertising.

We remove objectionable content and terminate the accounts of users who submit it. Where content appears to involve the abuse of a child, we report it to the appropriate authorities.

A creator may remove any submission from their own experience, and may block a guest from submitting again.

10. Reporting content

Any submission can be reported from inside the app. You can also email christian@scavvy.com — you do not need an account to do so.

We review every report and act on it within 24 hours, which may mean removing the content, blocking the person who submitted it, or terminating their account. We will tell you the outcome if you gave us a way to reply.

11. Availability

We try to keep Moments running, but we do not promise it will be uninterrupted or error-free. We may change, suspend or discontinue any part of it. If we retire the service entirely, we will give you reasonable notice and a way to export what is yours.

12. Termination and deletion

You can delete your account at any time from inside the app. Deleting your account permanently deletes the experiences you created and every submission inside them, including submissions guests contributed. This cannot be undone. Download anything you want to keep first.

We may suspend or terminate your account if you breach these terms, and immediately in the case of objectionable content. A purchase is not refunded on a termination for breach.

13. Disclaimers

Moments is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that content submitted by guests will be complete, accurate, or of any particular quality, or that any given guest will submit anything at all.

14. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or lost content.

Our total liability arising out of or relating to these terms or the service is limited to the greater of the amount you paid us in the twelve months before the claim, or one hundred United States dollars.

Some jurisdictions do not allow these limits, in which case they apply to you only as far as the law allows. Nothing here limits liability for fraud, or for death or personal injury caused by negligence.

15. Indemnity

You agree to indemnify and hold us harmless from claims, losses and expenses, including reasonable legal fees, arising from content you submit, your use of the service, or your breach of these terms.

16. Governing law and disputes

These terms are governed by the laws of the State of [GOVERNING-LAW STATE], without regard to its conflict of laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in [GOVERNING-LAW STATE].

Before filing anything, please write to christian@scavvy.com. Most disputes can be sorted out that way.

17. Apple App Store terms

The following applies to the Moments iOS app, downloaded from the App Store:

• This agreement is between you and Top Bins LLC only, not with Apple. Apple is not responsible for the app or its content.
• Your licence to use the app is a non-transferable licence to run it on any Apple-branded device you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation.
• Top Bins LLC, not Apple, is responsible for addressing any claim relating to the app, including product liability, failure to conform to a legal requirement, and consumer protection claims.
• Top Bins LLC, not Apple, is responsible for investigating and defending any third-party claim that the app infringes that party's intellectual property rights.
• You confirm you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.

18. Changes

We may update these terms. The date at the top reflects the current version. If a change is material we will tell you in the app or by email before it takes effect; continuing to use Moments after that means you accept the new version.

19. Contact