Terms of Service

Please read these Terms of Service carefully before using our Service.

1. Interpretation and Definitions

Definitions

For the purposes of these Terms of Service:

• Application means the Moments software program provided by the Company
• Application Store means the digital distribution service operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) where the Application is downloaded
• Account means a unique account created for You to access our Service
• Company (referred to as "the Company", "we", "us" or "our") refers to 1v9 Holding AB, a company located in Sweden
• Content refers to photos, images, music, soundtracks, or other information that can be uploaded, created, or made available by You
• Device means any device that can access the Service such as a smartphone or tablet
• Generated Content means music and soundtracks created by our AI systems based on your photos
• In-app Purchase refers to purchases of subscriptions, credits, or services made through the Application
• Service refers to the Moments Application and related services
• User Content refers to photos and images you upload to the Service
• You means the individual accessing or using the Service

2. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between You and the Company. By downloading, installing, accessing, or using the Application, you agree to be bound by these Terms.

You represent that you are over the age of 18. If you are under 18, you may only use the Service with parental consent and supervision. The Company does not permit use by individuals under 13 years of age.

Your access to and use of the Service is also conditioned on your acceptance of our Privacy Policy, which describes our policies on collection, use and disclosure of your personal information.

3. Description of Service

Moments allows users to:

• Upload and analyze photos using advanced image recognition technology
• Generate personalized soundtracks and music based on photo content and mood
• Save, organize, and manage their created musical moments
• Download and share their generated soundtracks
• Access premium features through subscription plans

The Service uses third-party artificial intelligence services for image analysis and music generation.

4. User Accounts

When You create an account with us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms and may result in immediate termination of your account.

You are responsible for:

• Safeguarding your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

You may not use as a username any name that is not lawfully available for use, infringes third-party rights, or is otherwise offensive, vulgar, or obscene.

5. Content Rights and Responsibilities

Your Content

You retain ownership of photos you upload ("User Content"). By uploading content, you represent and warrant that:

• You own or have necessary rights to use and upload the content
• Your content does not infringe any third-party rights
• You have obtained all necessary permissions for any people appearing in photos
• Your content complies with applicable laws and these Terms

Generated Content

Music and soundtracks generated by the Service are created using your photos and third-party AI services. You may download and use Generated Content for personal, non-commercial purposes. Commercial use may require additional licensing.

License to Us

You grant us a limited license to process your User Content solely to provide the Service, including generating soundtracks and storing content for your access. You retain all rights to your User Content.

Content Restrictions

You may not upload or transmit any Content that is:

• Unlawful, offensive, threatening, or objectionable
• Defamatory, discriminatory, or mean-spirited
• Infringing on intellectual property rights of others
• Containing viruses, malware, or harmful code
• Violating privacy rights of others
• False or misleading

The Company reserves the right to remove any Content that violates these Terms and may terminate accounts for repeat violations.

6. In-app Purchases and Subscriptions

The Application may include In-app Purchases for subscriptions and additional credits.

Important Terms:

• In-app Purchases can only be consumed within the Application
• Purchases cannot be cancelled after initiated download
• Purchases cannot be redeemed for cash or transferred
• All billing is handled by the Application Store
• Payment issues must be addressed with the Application Store directly
• We may offer limited free features; creating multiple accounts to access additional free features is prohibited

If any In-app Purchase fails to work properly, we will investigate and provide replacement or repair at no charge, or authorize a refund through the Application Store.

7. Third-Party Services

Our Service integrates with third-party providers for image analysis, music generation, and other services. Your use of these integrated services is subject to their respective terms of service and privacy policies. We are not responsible for third-party services' performance or policies.

8. Prohibited Uses

You agree not to:

• Upload content that infringes intellectual property rights
• Upload illegal, harmful, or offensive content
• Use the Service for commercial purposes without proper licensing
• Attempt to reverse engineer or compete with our Service
• Share account credentials or create multiple accounts to abuse features
• Use the Service for illegal activities or spam
• Violate any applicable laws or regulations

9. Intellectual Property

The Application, including its design, features, and technology, is owned by 1v9 Holding AB and protected by intellectual property laws. Generated music may be subject to terms of our third-party partners.

Copyright Policy

We respect intellectual property rights. If you believe content infringes your copyright, contact us with detailed information about the alleged infringement. We will investigate and take appropriate action, which may include content removal.

DMCA Compliance

For formal DMCA notices, provide:

• Electronic or physical signature of copyright owner or authorized agent
• Description of copyrighted work claimed to be infringed
• Location of infringing material on our Service
• Your contact information
• Good faith statement that use is unauthorized
• Statement under penalty of perjury that information is accurate

10. Service Availability and Modifications

We strive to maintain Service availability but do not guarantee uninterrupted access. We may:

• Modify, suspend, or discontinue features with notice
• Implement usage limits or restrictions
• Perform maintenance that may temporarily affect Service
• Update these Terms with notice to users

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy. You have full control over your data and can delete your content and account at any time through the App settings.

12. Disclaimers and Limitation of Liability

"AS IS" Service

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

AI-Generated Content

Generated music is created by AI and may not always meet expectations. We do not guarantee the quality, accuracy, or suitability of generated content.

Limitation of Liability

To the maximum extent permitted by law, our liability is limited to the amount you paid for the Service in the 12 months preceding any claim, or $100 if you haven't made any purchases.

We are not liable for any special, incidental, indirect, or consequential damages, including loss of profits, data, or business interruption.

13. Termination

Either party may terminate this agreement:

• By You: Delete your account through App settings
• By Us: For violation of Terms, illegal activity, or at our discretion with notice

Upon termination, your right to use the Service ceases, and we may delete your account and data according to our data retention policies.

14. International Compliance

As we use international service providers, your data may be processed outside of Sweden. We ensure adequate data protection standards are maintained.

For EU Users: You benefit from mandatory provisions of your country's laws.

15. Governing Law and Disputes

These Terms are governed by Swedish law. Before initiating legal proceedings, parties agree to attempt good faith resolution of disputes.

Disputes will be resolved through Swedish courts or arbitration as permitted by Swedish law.

16. Apple App Store Compliance

This Application is distributed through the Apple App Store and is subject to Apple's App Store Review Guidelines. Apple is not a party to these Terms and is not responsible for the Application or its content. Apple has no obligation to provide maintenance or support services for the Application.

In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

17. General Provisions

Severability

If any provision is unenforceable, it will be modified to accomplish its objectives to the greatest extent possible, and remaining provisions continue in full effect.

Changes to Terms

We may update these Terms periodically. Material changes will be communicated through the App or email with at least 30 days' notice. Continued use after changes constitutes acceptance.

Contact Information

For questions about these Terms, contact us: