Welcome to Momentral. These Terms of Service (“Terms”) govern your access to and use of the Momentral website, mobile applications, guest upload pages, QR-code upload flows, event pages, business tools, and related services (collectively, the “Services”).

Please read these Terms carefully. By accessing or using the Services, creating an account, creating an event, uploading content, purchasing a plan, or otherwise using Momentral, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

If you are using the Services on behalf of a business, organization, school, venue, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, and “you” includes that entity.

1. About Momentral

Momentral is a platform that enables event organizers and participants to collect, upload, store, manage, and share event-related photos and videos. Depending on the features offered, users may create events, generate event links or QR codes, invite guests, upload media, manage visibility, and download event content.

Momentral provides hosting, platform, moderation, safety, support, organizational, and related digital services. Momentral is not a party to the underlying personal relationships, event arrangements, permissions, or disputes between users, guests, event organizers, photographers, venues, or other third parties.

2. Eligibility and Use of the Services

You may use the Services only if you can lawfully enter into these Terms and use the Services under applicable law.

Momentral is a general-audience service and is not directed to children. Any app store age rating or classification, including a “4+” rating, is a platform content classification only and does not mean that children may independently use the Services or provide personal data without any authorization required by applicable law. If a user is below the age at which they can lawfully act independently under applicable law, use of the Services must be authorized or supervised by a parent, legal guardian, school, event organizer, or another legally authorized adult.

By using the Services, you represent and warrant that:

• you are legally permitted to use the Services

• all information you provide is accurate and not misleading

• you will comply with these Terms and applicable law

• if you act for another person or entity, you are authorized to do so

3. Account Registration and Security

Certain features may require an account. You are responsible for:

• maintaining the confidentiality of your account credentials

• restricting access to your account and devices

• all activity occurring under your account, except to the extent caused by our breach of these Terms or applicable law

You must promptly notify Momentral at [email protected] if you believe your account has been compromised, accessed without authorization, or used fraudulently.

We may suspend, restrict, or terminate access to accounts where we reasonably believe there is unauthorized use, fraud, abuse, or a violation of these Terms or applicable law.

4. Event Creation and Guest Upload Features

Momentral may allow users to create events and enable guest uploads through links, QR codes, invitations, or similar mechanisms.

If you create or manage an event, you are responsible for:

• ensuring that your event settings are configured appropriately

• deciding who may upload, view, or access content where such controls are offered

• ensuring that you have the rights, permissions, notices, and legal authority necessary to collect and use event-related media

• informing guests or participants where required by law

• ensuring compliance with privacy, publicity, copyright, child safety, and related legal obligations

If you upload content as a guest, you are responsible for ensuring that your upload is lawful, authorized, and compliant with these Terms and all applicable policies.

Momentral is not responsible for permissions, disputes, or claims arising from the underlying event, the relationship between participants, or a user’s failure to obtain legally required rights or consents.

5. Paid Plans, Purchases, and Billing

Some Services or features may require payment. Pricing, package limits, available plans, and feature entitlements may be described within the app, website, or purchase flow.

If you purchase a paid plan or package:

• you agree to pay all applicable fees, charges, and taxes

• you authorize the relevant app store, payment processor, or platform to process your payment

• your access to paid features is subject to successful payment and validation

Where purchases are made through third-party platforms such as Apple App Store or Google Play, those platforms may apply their own billing, cancellation, subscription, and refund rules. In such cases, your purchase relationship with respect to billing may also be governed by the terms of the relevant platform.

Momentral may change prices, plans, feature sets, or package structures at any time to the extent permitted by law. Such changes generally will not affect completed purchases retroactively unless required by law or expressly stated otherwise.

6. Refunds and Purchase Support

Refund eligibility may depend on:

• the platform through which the purchase was made

• applicable law

• the nature of the issue

• whether the product or entitlement was successfully delivered

• any platform-specific refund mechanisms

If your purchase was made through a third-party app store, refund requests may need to be submitted through that store. Momentral may, where appropriate and legally permitted, provide support, goodwill remedies, plan adjustments, or alternative solutions, but is not obligated to provide refunds beyond what is required by applicable law or the relevant purchase platform.

7. User Content

“User Content” means any content you upload, submit, post, transmit, store, generate, or otherwise make available through the Services, including photos, videos, captions, comments, event information, profile information, and related materials.

You retain ownership of your User Content, subject to the rights and licenses granted in these Terms.

You are solely responsible for your User Content and for the consequences of uploading, storing, sharing, displaying, or transmitting it through the Services.

8. License You Grant to Momentral

By uploading or submitting User Content to the Services, you grant Momentral a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, process, adapt, display, transmit, organize, moderate, and otherwise use that User Content solely as necessary to:

• operate and provide the Services

• enable event uploads, storage, sharing, and downloads

• generate previews, thumbnails, and display formats

• maintain, secure, debug, and improve the Services

• detect, prevent, and address fraud, abuse, or unlawful conduct

• enforce our Terms and policies

• comply with legal obligations

• protect users, rights holders, children, and the public

This license ends when the relevant User Content is deleted from the Services, except to the extent:

• retention is reasonably necessary for backup cycles

• retention is required for legal obligations

• retention is necessary for dispute resolution, fraud prevention, abuse prevention, policy enforcement, child safety, evidence preservation, or protection of rights

9. Your Responsibilities for User Content

You represent and warrant that:

• you own your User Content or have all necessary rights, permissions, licenses, and authority to upload and share it

• your User Content does not violate these Terms, our policies, or applicable law

• your User Content does not infringe any copyright, trademark, privacy, publicity, child-safety, data-protection, or other rights

• where required by law, you have obtained consent, permission, or authorization from individuals appearing in the content or from a parent, guardian, organizer, school, or other authorized person

• your User Content is not false, deceptive, unlawful, harmful, exploitative, or abusive

10. Prohibited Content and Conduct

You may not use the Services to upload, store, share, request, distribute, facilitate, or promote content or conduct that:

• violates applicable law

• infringes the intellectual property, privacy, publicity, or other rights of others

• contains child sexual abuse material or child exploitation

• contains non-consensual intimate imagery

• contains pornography or explicit sexual content prohibited by our policies

• contains graphic violence, gore, or content glorifying serious harm

• promotes unlawful weapons use, threats, or violent wrongdoing

• promotes illegal drugs or criminal activity

• contains hate speech, harassment, stalking, bullying, or abuse

• discloses personal information without authorization

• includes hidden-camera, voyeuristic, or unlawfully recorded private content

• contains fraud, scams, impersonation, deceptive conduct, or spam

• contains malware or attempts to interfere with the security or integrity of the Services

• abuses purchase, reporting, moderation, or support systems

• attempts to circumvent enforcement actions or re-upload prohibited content

Your use of the Services must also comply with our:

• Privacy Policy

• Content Policy / Acceptable Use Policy

• Notice & Action / Illegal Content Reporting Policy

• Child Safety / CSAM Escalation Policy

• any additional policies or guidelines we publish

11. Moderation, Review, and Enforcement

Momentral may use automated tools and manual review to assess content for safety, fraud prevention, policy enforcement, and legal compliance.

We are not obligated to pre-screen all content, but we reserve the right at any time, with or without notice where lawful and appropriate, to:

• review content

• remove content

• disable access to content

• restrict content visibility

• suspend uploads

• limit account features

• suspend or terminate accounts

• preserve logs, metadata, or other relevant records

• report content or conduct to authorities, rights holders, service providers, or safety organizations where required or appropriate

We may take action where we reasonably believe it is necessary to:

• enforce these Terms or our policies

• comply with legal obligations

• investigate fraud, abuse, safety risks, or unlawful conduct

• protect users, guests, children, rights holders, or the public

• prevent imminent harm

12. Child Safety

Momentral has zero tolerance for child sexual abuse material, child exploitation, grooming-related conduct, or any content that endangers children.

If we become aware of suspected child sexual abuse material, exploitative child-related material, or imminent danger to a child, we may take immediate action, including:

• removing or disabling access to the content

• suspending related accounts or upload privileges

• preserving relevant records and evidence

• escalating the matter internally for urgent review

• reporting the matter to competent authorities, hotlines, or child-safety organizations where appropriate or required

Users, uploaders, and event organizers are responsible for ensuring that child-related content uploaded to the Services is lawful and properly authorized.

13. Privacy

Our collection and use of personal data is described in our Privacy Policy. By using the Services, you acknowledge that personal data and uploaded content may be processed as described in our Privacy Policy, including for moderation, safety, legal compliance, support, fraud prevention, and service operation.

14. Event Content Retention and Deletion

Event content may be deleted by the event owner at any time and, if not deleted earlier, is automatically deleted no later than 90 days after the event creation date.

Momentral may also delete, restrict, or preserve content outside ordinary deletion schedules where reasonably necessary for:

• legal obligations

• safety or child-protection concerns

• fraud or abuse prevention

• policy enforcement

• dispute handling

• backup processes

• technical maintenance or recovery

Deletion from the user-facing Services does not necessarily mean immediate removal from all backups, logs, or legally preserved systems.

15. Intellectual Property Rights

The Services, including software, design, layout, trademarks, logos, text, graphics, interfaces, and related materials provided by Momentral, are owned by or licensed to Momentral and are protected by intellectual property and other laws.

Except as expressly permitted in these Terms or by applicable law, you may not:

• copy, modify, distribute, sell, lease, sublicense, or commercially exploit the Services or their components

• reverse engineer, decompile, disassemble, or attempt to derive source code except where prohibited from restricting such rights by law

• remove proprietary notices

• use Momentral branding without prior written permission

Momentral and its logos, branding, and service marks may not be used without prior written authorization.

16. Copyright and Rights Complaints

If you believe content on the Services infringes your copyright or other rights, you may contact us at [email protected] with sufficient information for us to assess the complaint.

You should provide, where possible:

• identification of the protected work or right

• identification of the allegedly infringing content

• the basis of your claim

• your relationship to the rights in question

• your contact information

• any supporting documentation

Momentral may request additional information before taking action.

17. Third-Party Services and Platforms

The Services may rely on or interact with third-party platforms, providers, and infrastructure, including app stores, hosting providers, analytics tools, support tools, and payment systems.

Momentral is not responsible for the availability, performance, billing terms, privacy practices, or actions of third-party services except to the extent required by law.

Use of third-party services may also be subject to their own terms and policies.

18. Availability and Changes to the Services

We may modify, suspend, discontinue, limit, or update any part of the Services at any time, with or without notice, to the extent permitted by law.

We do not guarantee that the Services, or any specific feature, content, event page, upload flow, or paid functionality, will always be available, uninterrupted, secure, or error-free.

From time to time, we may:

• add or remove features

• impose storage or usage limits

• change package structures

• modify technical requirements

• perform maintenance

• release updates or patches

• address platform, legal, safety, or security requirements

19. User Feedback

If you submit feedback, suggestions, recommendations, or ideas regarding Momentral, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use and exploit that feedback for any lawful business purpose without compensation or attribution to you, unless prohibited by law.

20. Suspension and Termination

We may suspend, restrict, or terminate your access to the Services, with or without notice where lawful and appropriate, if:

• you violate these Terms or our policies

• we reasonably suspect fraud, abuse, or unlawful conduct

• your use creates risk for users, rights holders, children, or the public

• required by law, regulation, court order, or platform obligations

• payment or purchase validation fails in a way that affects entitlement

• your account remains inactive for an extended period, subject to applicable law and product rules

You may stop using the Services at any time. Where account deletion tools are provided, you may use them. Certain information may still be retained as permitted or required by law and as described in our Privacy Policy.

Sections of these Terms that by their nature should survive suspension or termination will survive, including provisions relating to licenses, payments, ownership, disclaimers, limitations of liability, disputes, and legal compliance.

21. Disclaimers

To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

Momentral disclaims all warranties, representations, and conditions, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and any warranties arising out of course of dealing or usage of trade.

Without limiting the foregoing, Momentral does not warrant that:

• the Services will be uninterrupted, secure, error-free, or always available

• any content will be preserved without loss

• uploads, storage, moderation, downloads, or access will always function without delay or error

• content submitted by users will be lawful, accurate, authorized, or non-infringing

• all prohibited content will be detected, reviewed, blocked, or removed

Nothing in these Terms excludes warranties or rights that cannot be excluded under applicable law.

22. Limitation of Liability

To the maximum extent permitted by applicable law, Momentral and its affiliates, officers, directors, employees, contractors, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, business opportunities, or other intangible losses, arising out of or related to:

• your access to or use of, or inability to access or use, the Services

• user content or third-party content

• unauthorized access, hacking, or account compromise

• content removal, moderation, or enforcement decisions

• service interruptions, delays, bugs, or technical failures

• disputes between users, guests, organizers, photographers, rights holders, or other third parties

To the maximum extent permitted by law, Momentral’s total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of:

• the total amount you paid to Momentral for the specific Service giving rise to the claim in the twelve (12) months before the event giving rise to the claim, or

• one hundred Euros (EUR 100)

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you to the extent prohibited by law.

23. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Momentral and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:

• your User Content

• your use of the Services

• your violation of these Terms or our policies

• your infringement of the rights of any person or entity

• your failure to obtain required permissions, notices, or consents

• disputes relating to an event, upload, guest, or organizer decision

This indemnity does not apply to the extent a claim results from Momentral’s own breach of these Terms or applicable law.

24. Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any non-contractual obligations connected with them shall be governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to its conflict-of-laws rules, except where mandatory laws require otherwise.

25. Dispute Resolution and Venue

For users acting in the course of a business, trade, or profession, the courts and enforcement offices of Ankara, Türkiye shall have exclusive jurisdiction over any dispute, claim, or controversy arising out of or relating to these Terms or the Services.

For consumers, any mandatory rights or protections granted under applicable law, including mandatory jurisdictional protections, remain unaffected.

26. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we may update the “Last Updated” date and provide additional notice where required by law.

Your continued use of the Services after the updated Terms become effective means you accept the updated Terms, unless applicable law requires additional consent.

27. Severability

If any provision of these Terms is held to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

28. No Waiver

Failure by Momentral to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

29. Entire Agreement

These Terms, together with our Privacy Policy, Content Policy / Acceptable Use Policy, Notice & Action / Illegal Content Reporting Policy, Child Safety / CSAM Escalation Policy, and any additional terms expressly incorporated by reference, constitute the entire agreement between you and Momentral regarding the Services, unless separate written terms apply.

30. Contact

If you have questions about these Terms, please contact:

Email: [email protected]