Terms of Use

1. Agreement

These Terms of Use (“Terms”) are an agreement between you and Elliot Dong, an individual based in China, operating Momentmade (“Momentmade,” “we,” “us,” or “our”). By downloading, accessing, purchasing through, or using Momentmade, you agree to these Terms and the Privacy Policy.

The Apple-licensed application is also subject to Apple’s Standard Licensed Application End User License Agreement (“Apple Standard EULA”). These Terms supplement that agreement. If they conflict regarding your license to the iOS app, the Apple Standard EULA controls.

2. The service

Momentmade is a curated AI art-style gallery. You select an art Skill, provide the short-text and image inputs requested by that Skill, and receive one generated artwork. Features, Skills, and availability may evolve as the service develops.

Momentmade does not promise identity preservation, exact visual copying, or a particular artistic or commercial outcome. Image inputs help guide meaning, subjects, palette, mood, and—in Skills that use direct visual references—the generated result, but they do not guarantee exact pixels or composition.

3. Accounts and eligibility

You may browse without an account, but generation requires Sign in with Apple. You must provide accurate access credentials through Apple, protect access to your device and account, and notify us if you suspect unauthorized use.

You must be at least 13 to use Momentmade. If you have not reached the age of legal majority where you live, you may use Momentmade only with permission from a parent or legal guardian who accepts these Terms.

4. Free use and Momentmade Membership

Free account

Each new internal account receives up to three successful generations for the lifetime of that account. Failed provider requests do not consume this allowance. Deleting and recreating accounts to evade limits is prohibited.

Membership

An active Momentmade Membership provides up to 40 successful generations per calendar month, measured in Coordinated Universal Time (UTC). Monthly and annual subscriptions provide the same monthly generation allowance; they differ only in billing period and price.

• The allowance resets at the beginning of each UTC calendar month.
• Unused generations do not roll over, accumulate, or convert into credits or cash.
• A generation counts when Momentmade successfully returns the generated artwork.
• Membership does not provide unlimited generation.

We may adjust future plan limits or features with reasonable notice. Changes will not remove access that applicable law or Apple’s paid-app terms require us to provide during a paid subscription period.

5. Apple billing, renewal, and cancellation

Momentmade Membership is sold only through Apple In-App Purchase. The price, currency, taxes, and billing period shown by Apple before purchase control your transaction.

• Subscriptions automatically renew unless canceled through Apple at least 24 hours before the current billing period ends.
• Your Apple Account is charged upon confirmation and for renewal under Apple’s billing terms.
• You can manage or cancel at Apple subscription settings.
• Refund requests are handled by Apple under Apple’s policies and applicable law.
• Deleting your Momentmade account does not cancel an Apple subscription. Cancel it separately with Apple.

If purchase status does not appear correctly, use Restore Purchases in the Momentmade Account screen while signed in to the intended account.

6. Your content and permissions

You retain your rights in ideas and images you submit. You grant Momentmade and its service providers a limited, worldwide, non-exclusive license to host, transmit, resize, analyze, transform, and otherwise process that content only as needed to operate, secure, and support the service.

You represent that you have all rights and permissions needed for submitted content and that processing it as described will not violate another person’s privacy, publicity, copyright, trademark, contractual, or other rights. Obtain consent before submitting another person’s image, especially where a child or sensitive context is involved.

7. AI-generated outputs

As between you and Momentmade, and to the extent permitted by applicable law, you may use the generated output returned to you. You remain responsible for reviewing the output and deciding whether and how to use it.

AI outputs may be inaccurate, unexpected, offensive, similar to content generated for others, or ineligible for intellectual-property protection. Momentmade does not guarantee uniqueness, non-infringement, merchantability, fitness for a particular purpose, or suitability for professional, legal, medical, financial, or safety-critical use.

8. Acceptable use

You must not use Momentmade to:

• create or distribute unlawful content, sexual content involving minors, non-consensual intimate imagery, or content that facilitates exploitation or serious harm;
• impersonate, defraud, deceive, harass, threaten, or violate another person’s rights;
• upload malware, attack the service, evade technical or allowance limits, automate abusive requests, or interfere with other users;
• reverse engineer or extract non-public Skills, prompts, models, credentials, or service components except where law expressly permits; or
• use output as evidence of real events or people when it is synthetic or misleading.

We may block a request or account when reasonably necessary to enforce these rules, protect people, comply with law, or preserve service reliability.

9. Momentmade ownership

Momentmade and its licensors retain rights in the app, website, curated Skills and art direction, software, interfaces, branding, documentation, and other service materials. Except for the limited right to use the service under these Terms and the Apple Standard EULA, no rights are transferred to you.

10. Suspension, termination, and account deletion

You may stop using Momentmade at any time and may delete your account in the app. We may suspend or terminate access for material or repeated violations, fraud, security risk, legal requirements, or conduct that harms the service or others. Where reasonable, we will provide notice and an opportunity to resolve the issue.

Provisions that by their nature should survive termination—including ownership, disclaimers, liability limitations, and dispute terms—will survive.

11. Disclaimers and limitation of liability

To the maximum extent permitted by law, Momentmade is provided “as is” and “as available.” We do not warrant uninterrupted availability, error-free operation, preservation of local files, or that generated outputs will meet your expectations.

To the maximum extent permitted by law, Elliot Dong and Momentmade will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or opportunity arising from the service. Our aggregate liability for claims relating to Momentmade will not exceed the greater of the amount you paid for Momentmade during the 12 months before the claim or USD 50.

Nothing in these Terms excludes rights or liability that cannot lawfully be excluded, including mandatory consumer protections.

12. Governing law and disputes

These Terms are governed by the laws of the People’s Republic of China, without regard to conflict-of-law principles, while preserving any mandatory consumer protections that apply where you live.

Before filing a formal claim, you and Momentmade agree to try in good faith to resolve the issue by email for at least 30 days. If it cannot be resolved, the dispute may be submitted to a court with jurisdiction at the operator’s domicile, unless mandatory law gives you another forum.

13. Changes and contact

We may update these Terms as the service changes. We will post the revised Terms, update the date above, and provide additional notice where a material change requires it. Continued use after the effective date of revised Terms means you accept them, to the extent permitted by law.