Terms of Service

1. INTRODUCTION

One Moments, Inc. ("Moments," "we," "us," or "our") provides a social media platform that connects Users ("User," "your," or "you") through our website at https://havemoments.com/ (the "Website") and our mobile application (the "App") (collectively, the "Platform"). These Terms of Service (the "Terms") govern your use of our Platform and services.

Moments is an artificial intelligence social media platform that operates via iMessage to connect Users to other Users via group chats based on similar interests. Our mission is to facilitate meaningful real-world connections and networking opportunities.

The capitalized terms have the same meaning as ascribed in our Privacy Policy, unless otherwise noted here.

2. ACCEPTANCE OF TERMS

By accessing or using our Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use our Platform.

3. ELIGIBILITY

You must be at least 18 years old to use our Platform. By using our Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

4. DESCRIPTION OF SERVICE

Moments provides a social media platform that uses artificial intelligence to connect users based on similar interests and facilitate group chats via iMessage. Our Platform includes:

• • User profile creation and management
• • AI-powered matching and connection suggestions
• • Group chat facilitation via iMessage
• • Event discovery and promotion
• • Social feed and content sharing
• • Calendar integration for professional networking

5. USER ACCOUNTS

a. Account Creation

To use our Platform, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

b. Account Security

You must notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account information.

6. USER CONTENT

a. Content Ownership

You retain ownership of all content you post, upload, or share on our Platform ("User Content"). However, by posting User Content, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute your User Content in connection with our Platform.

b. Content Standards

You agree not to post, upload, or share any User Content that:

• • Is illegal, harmful, threatening, abusive, or harassing
• • Violates any third-party rights, including intellectual property rights
• • Contains false or misleading information
• • Is spam or unsolicited commercial content
• • Contains viruses or other malicious code
• • Is inappropriate for a professional networking platform

c. Content Moderation

We reserve the right to remove any User Content that violates these Terms or our Community Guidelines. We may also suspend or terminate accounts that repeatedly violate these Terms.

7. 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, which is incorporated into these Terms by reference. By using our Platform, you consent to the collection and use of your information as described in our Privacy Policy.

8. INTELLECTUAL PROPERTY RIGHTS

a. Our Intellectual Property

The Platform and its original content, features, and functionality are owned by Moments and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

b. User Intellectual Property

You retain ownership of your User Content. By posting User Content, you grant us a limited license to use your content as necessary to provide our services.

9. PROHIBITED USES

You may not use our Platform:

• • For any unlawful purpose or to solicit others to perform unlawful acts
• • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• • To submit false or misleading information
• • To upload or transmit viruses or any other type of malicious code
• • To spam, phish, pharm, pretext, spider, crawl, or scrape
• • For any obscene or immoral purpose
• • To interfere with or circumvent the security features of the Platform

10. TERMINATION

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms.

You may terminate your account at any time by contacting us at privacy@havemoments.com or through the account settings in our Platform.

11. DISCLAIMER OF WARRANTIES

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOMENTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL MOMENTS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE PLATFORM.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Moments and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

14. GOVERNING LAW

These Terms shall be interpreted and governed by the laws of the State of New Jersey, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15. DISPUTE RESOLUTION

Any disputes arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in New Jersey, and the decision of the arbitrator shall be final and binding.

16. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

17. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

18. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Moments with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

19. CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us: