© December 2025

Welcome to Moments, were happy you’re here.

Moments is an application designed and owned by StockPitt LLC. Moments is designed to allow you (the individual user) to create unique overlays which can be shared with other individually selected users (all together known as “groups”). Created overlays can be applied “events” in which group members may take “overlayed photos”. Overlayed photos can be saved to individual user’s camera rolls. Additionally overlayed photos can be ordered from Moments for physical printout. Prior to creating your account and using the platform, you must carefully review the Terms and Conditions (the “Terms”) as detailed below. The Terms may be changed or updated at any time, but the most recent version will always be available under the “Settings” tab in the application. 

By using Moments (the “Service”) you have indicated acceptance of these Terms and agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Moments where you agree to use the Service only in accordance with these Terms.

Please read these Terms carefully. They contain a binding arbitration provision and a waiver of certain rights, including the right to a jury trial and the right to participate in class actions or other representative proceedings. By using our Services, you agree to resolve any disputes with us through individual binding arbitration (except as otherwise provided in these Terms). If you choose not to accept the Terms, do not access or use the Service.

I. Individual Account 

The Services are intended for individuals who are at least thirteen (13) years of age. By accessing or using the Services, you represent and warrant that you are at least 13 years old. If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

We do not knowingly collect personal information from children under the age of 13. If we learn that a child under 13 has created an account or provided us with personal information, we will take steps to delete such information and terminate the account.

We reserve the right to request proof of age or parental/guardian consent at any time and to suspend or terminate accounts that fail to meet our eligibility requirements.

II. User Content Retention

Active User

The Moments will maintain unlimited storage of images both uploaded to the app along with any photos taken within the app (“User Content”) for anyone considered an Active User. An “Active User” is defined as any individual who has participated in any of the following at least once every 24 months: created an overlay, joined a group, took a photo within an event, ordered a print. If an active user becomes an “Inactive User” as defined in 24, Moments reserves the right to terminate your account (or any part thereof) and your use of the Service. In the case of termination Moments may discard all information, image files, user created events, user created overlays, groups, albums and any other content uploaded by you or created by you within the use of the Moments application. 

User Generated Content, Groups and Events

Our service allows users to create photo overlays which can be shared for use by other users with via events and groups. Overlays can be created without purchase and be saved to the user’s account.

Users can save created overlays to their account without the purchase of an event or printout order. Overlays, events and/or groups that are deleted from a user’s account will not be able to be recovered after deletion. Users invited to join events and/or groups have the option to leave both. The only way to rejoin another user’s group is to be invited by the creator again. 

III. Prohibited Content and Conduct

You agree not to use Moments to create, upload, share, or distribute any content (“Prohibited Content”) that:

• Is abusive, harassing, deceptive, pornographic, obscene, defamatory, slanderous, violent, offensive, promotes hate speech, or is otherwise inappropriate for a community setting;
• Uses copyrighted material, logos, or trademarks without proper authorization, or removes/obscures copyright or proprietary notices from existing material;
• Violates or interferes with the rights of others, including intellectual property rights, publicity rights, or privacy rights;
• Contains malicious code or harmful software, such as viruses, worms, Trojan horses, or any other digital component that could disrupt, damage, or compromise the Services (“Corruptive Code”);
• Promotes or encourages illegal activities;
• Violates any applicable law or regulation;
• Exploits, harms, or advocates harm against any individual or group, including minors;
• Contains false, misleading, or manipulated information intended to deceive;
• Links to or directs users to material that falls under any of the above categories.

Moments is not obligated to monitor all designs, overlays, or events submitted through the Services. However, we reserve the right, at our discretion, to review, remove, modify, or restrict access to any User Content that we determine violates these Terms or is otherwise inappropriate, without prior notice.

You are solely responsible for the photos, logos, designs, overlays, and events you upload or share through the Services. By using the platform, you acknowledge that you may encounter content you find offensive or inappropriate. Your use of the Services is at your own risk, and Moments does not guarantee the accuracy, reliability, or suitability of User Content available within the platform

IV. Third Party Services

To provide certain features of the Services—such as payment processing, payment gateway functionality, and order print fulfillment—Moments relies on third-party providers. When you use these features, you may be required to agree to the terms, conditions, and privacy policies of the applicable third-party provider. Your agreement to and relationship with such third parties is solely between you and them.

Moments does not control, endorse, or make any representations or warranties regarding third-party services. We are not responsible or liable for the performance, accuracy, reliability, or security of any third-party services, including delays, errors, or failures that may occur in payment processing, gateway services, or order fulfillment.

By using the Services, you acknowledge that your use of third-party services is at your own risk and that Moments disclaims any liability arising from such use.

V. Links to Third-Party Sites

Our Services may include links or connections to third-party websites, applications, and services, including payment processors, print fulfillment providers, and other vendors we use to operate our platform. These links are provided solely for your convenience.

We do not own, control, or operate these third-party sites or services, and we are not responsible for their content, accuracy, availability, privacy practices, or security. Your interactions with these third parties — including the processing of payments, order fulfillment, or the use of their services — are governed solely by the terms and conditions and privacy policies of those third parties.

We are not liable for any issues that arise from your use of third-party sites or services, including (but not limited to) failed transactions, shipping delays, order errors, or data handling practices. By using our Services, you acknowledge that any such third-party interactions are at your own risk.

IV. Privacy Policy 

Moments values your privacy. For details on how we collect, use, share, and protect your information, please review our full Privacy Policy. 

VII. Copyright & Trademark

All content, features, and functionality made available through our Services — including but not limited to software, code, designs, overlays, text, graphics, logos, button icons, images, audio clips, video clips, and data compilations — are the exclusive property of StockPitt LLC or our licensors and are protected by U.S. and international copyright, trademark (registered or unregistered), and other intellectual property laws.

The name “StockPitt LLC” and any logos, product or service names, designs, and slogans used by us are our trademarks or trade dress, whether or not formally registered. You may not use our marks in connection with any product or service that is not ours, in any manner likely to cause confusion, or in any way that disparages or discredits us, without our prior written consent.

All other trademarks, service marks, logos, and trade names appearing in the Services are the property of their respective owners and used for identification purposes only.

Except as expressly permitted in these Terms, you may not copy, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or distribute any part of the Services or our intellectual property without our prior written consent. Unauthorized use may violate intellectual property laws and could result in legal liability.

VIII. Intellectual Property and License to Us

User Content: When using the service users are allowed upload images, logos, graphics, and other content (“User Content”) for use in event galleries, overlay customization, photo customization and print orders. You (the user) retain ownership of any User Content you upload to the Service. While you retain ownership of your uploaded content, any tools, designs, icons or templates provided for you within the Service overlay creation or image printout does not belong to you and is property of the Moments application. 

License to Us: By uploading, creating, or otherwise submitting content (“User Content”) to Moments, you grant Moments and its affiliates, service providers, agents, vendors, and fulfillment partners a limited, non-exclusive, worldwide, royalty-free license to use, copy, display, modify, distribute, transmit, and create derivative works of your User Content solely for the following purposes:

1. Providing the Services – delivering the features of Moments, including hosting your content, enabling you to share overlays or designs in events, and fulfilling print orders.
2. Service Functionality – showing you how your content will appear on digital products (e.g., event overlays, previews) or physical products (e.g., printouts) before purchase.
3. Improving the Services – supporting quality control, technical troubleshooting, security, and vendor fulfillment.

This license is granted only to the extent necessary to operate and improve the Services. We do not claim ownership of your User Content, and you remain the sole owner of all rights, title, and interest in your Content.

Moments will not use your User Content for advertising, marketing, or promotion on our social media channels or other platforms without first obtaining your explicit consent.

You represent and warrant that you have the necessary rights to upload your User Content and to grant this license, and that your content does not infringe the rights of any third party.

User Responsibility: In order to create an account, you represent and warrant that you own or have necessary rights and permission to upload and share “User Content” within the Service. It is you, the user’s responsibility to ensure User Content does not infringe, misappropriate, or violate any intellectual property rights, trademarks, copyright or other rights of any third party. The moments application does not provide or pre-load any third-party images, logos or icons. Any use of such third-party content within the app and on ordered prints is initiated by users and is the sole responsibility of the user who uploads them.  

Consent (personal rights): When submitting or sharing “User Content” through Moments, you represent and warrant the following:

1. Authorization of Likeness – You have obtained all necessary rights, licenses, and permissions from any individual whose image, likeness, or other personal attributes are identifiable in the Content, permitting such use in connection with the Services.
2. Minors – If any individual depicted in the Content is under the age of eighteen (18), you have secured valid written consent from that individual’s parent or legal guardian. Upon request, you agree to provide Moments with a copy of such consent. Content lacking the appropriate authorization must not be uploaded or shared through the Services.
3. Intellectual Property and Usage Rights – You may only submit Content that you own or for which you hold lawful rights. Uploading or distributing Content without the consent of the rights holder or identifiable subject is strictly prohibited. You acknowledge that you bear sole responsibility for any claims, damages, or liabilities arising from your submission or use of unauthorized Content.
4. Compliance with Applicable Laws – You are solely responsible for ensuring that your Content does not infringe upon or otherwise violate the intellectual property, privacy, publicity, or other legal rights of any third party.
5. Copyright Disputes – If you believe your copyrighted material has been used improperly within the Services, you may file a complaint in accordance with the procedures outlined in our Report an Infringement section.

IX. Limited Warranty

EXCEPT FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAW, ANY PRINT PRODUCT OR DIGITAL SERVICE MADE AVAILABLE THROUGH MOMENTS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

WITHIN THE LIMITS OF APPLICABLE LAW, MOMENTS WARRANTS ONLY THAT PHYSICAL PRINTOUTS ORDERED THROUGH THE SERVICES WILL BE DELIVERED IN USABLE CONDITION. IF YOUR PRINT PRODUCTS ARRIVE DAMAGED, DEFECTIVE, OR OF UNACCEPTABLE QUALITY OR QUANTITY, MOMENT’S SOLE OBLIGATION—AND YOUR EXCLUSIVE REMEDY—WILL BE, AT OUR OPTION, TO EITHER:

• REFUND THE FULL PURCHASE PRICE OF THE AFFECTED PRINT PRODUCTS, OR
• REPRINT AND SHIP THE PRODUCTS AT NO ADDITIONAL COST TO YOU.

EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, MOMENTS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• ANY WARRANTY THAT THE SERVICES (INCLUDING MOBILE APP ACCESS, OVERLAYS, EVENTS, OR DIGITAL FEATURES) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• ANY WARRANTY THAT THE SERVICES WILL BE FREE OF VIRUSES, CORRUPTIVE CODE, OR HARMFUL COMPONENTS;
• ANY WARRANTY REGARDING THE ACCURACY, QUALITY, OR RELIABILITY OF USER-GENERATED CONTENT (INCLUDING OVERLAYS, PHOTOS, LOGOS, AND EVENT DESIGNS).

ANY MATERIAL, DESIGN, OR CONTENT ACCESSED OR SHARED THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, LOSS OF DATA, OR OTHER ISSUES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, UNLESS SUCH DAMAGE IS DIRECTLY CAUSED BY MOMENTS.

X. Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO ANY NON-WAIVABLE RIGHTS GRANTED TO CONSUMERS UNDER LAW, MOMENTS AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, AGENTS, AND VENDORS SHALL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT—INCLUDING NEGLIGENCE—PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY) FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTIONS, MOBILE DEVICE OR COMPUTER FAILURE, OR PERSONAL INJURY/WRONGFUL DEATH, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF [APP NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This limitation of liability applies, without limitation, to damages or losses resulting from:

1. Use of or inability to use the Services;
2. The cost of substitute products or services;
3. Unauthorized access to, or alteration of, your Content, transmissions, or data;
4. User Content or third-party content made available through the Services;
5. The actions, omissions, or services of third-party providers, including payment processors and print fulfillment vendors;
6. Any other matter relating to the Services.

You acknowledge that the Services involve the transmission of information over networks and systems outside the control of Moments. Accordingly, Moments assumes no responsibility for any delay, failure, interruption, interception, corruption, or loss of data or other information transmitted in connection with the Services.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH MOMENTS IS TO STOP USING THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MOMENTS, OR THAT OF ITS AFFILIATES, PARTNERS, OR SERVICE PROVIDERS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, EXCEED THE GREATER OF: (i) THE AMOUNT YOU PAID DIRECTLY TO MOMENTS FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, some of the above limitations may not apply, and your rights will vary depending on applicable law.

XII. Authorization of Content

From time to time, Moments may wish to feature User Content (such as photos, overlayed photos overlays, or event designs) on our website, social media channels, or other promotional materials.

We will never post or share your User Content for promotional purposes without first obtaining your explicit consent. If we would like to feature your content, we will contact you directly through the contact information linked to your account (or another method you provide) and request permission. Only if you agree will we use your content in this way.

You retain full ownership of your User Content at all times. Granting us permission to use specific content for promotional purposes does not transfer ownership or limit your ability to use your content elsewhere.

XIII. Groups and Community Conduct

1. Group Creation and Ownership
   Users may create groups within the Services. The creator of a group (“Group Creator”) controls that group and has access to all content uploaded by its members. Group Creators may design and share overlays or events and may also initiate print orders that include content from group members. We reserve the right to remove, limit, or dissolve groups at any time if they violate these Terms or applicable law.
2. Content in Groups
   When you join a group, you will have access to the photos and content you upload within that group. By default, other group members will have access to content uploaded to the group. The Group Admin may enable or disable group-wide access to shared content at any time through available settings, including limiting access to certain content or events.

By uploading content to a group, you grant us and the Group Admin a limited, non-exclusive license to display, process, and use that content solely for the purposes of operating and providing group features, enabling content sharing as configured by the Group Admin, fulfilling individual or group print orders, and providing related Services.

1. Print Orders

• Individual Orders: You may order physical prints of your own content at any time through the Services. All such orders are placed directly by you and are your sole responsibility.
• Group Orders: Group Creators may order physical prints that include content uploaded by group members. By uploading content to a group, you authorize the Group Creator to include your content in such orders. The Group Creator is solely responsible for the costs, order details, and distribution of group print orders.

1. Group Creator Responsibilities
   Group Creators acknowledge and agree that:

• They may only use group members’ content in accordance with these Terms;
• They are solely responsible for ensuring they have the appropriate rights and permissions to include group member content in print orders;
• They assume full responsibility for the accuracy, payment, and delivery of any group print orders; and
• We disclaim all liability for disputes that may arise between Group Creators and group members regarding the use of member content in print orders.

1. Visibility of User Information
   When you participate in a group, your username may be visible to the Group Creator and other group members. No additional personal information will be shared without your consent. Direct messaging or interaction between group members is not a feature of the Services.
2. User Conduct
   All group participants must comply with these Terms when uploading content. You may not upload content that is unlawful, infringing, obscene, abusive, or otherwise inappropriate. We reserve the right to remove any content, suspend accounts, or restrict group participation if we determine, in our sole discretion, that a user has violated these Terms.
3. Group Overlays and Events
   Overlays or events created within groups are user-generated. You represent and warrant that you have all necessary rights to any images, logos, or other content included in your designs. We reserve the right to disable or remove overlays or events that, in our judgment, are inappropriate, infringing, or otherwise violate these Terms.

XIV. Choice of Law

It is agreed between you and StockPitt LLC that these Terms, and any dispute, claim, or controversy arising out of or relating to your use of the Services, or the relationship between you and StockPitt LLC, shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict of law principles.

Except as otherwise required by the Arbitration Agreement contained in these Terms, any such dispute must be brought exclusively in the state or federal courts located in the State of Mississippi. You consent to the personal jurisdiction of these courts, waive any objection to the exercise of jurisdiction, and agree that venue in these courts is proper.

XV. Communication Preferences

By creating an account or using our Services, you consent to receive communications from us, including emails and push notifications, regarding your account, orders, events, group activity, and updates about the Services. These communications may include transactional messages (such as order confirmations, payment receipts, and delivery updates), as well as service-related notifications (such as overlay availability, group activity, or security alerts).

You may manage your communication preferences at any time by adjusting your settings within the app or by following the unsubscribe instructions provided in any email. Please note that certain essential communications — such as those related to your account security, transactions, or legal notices — may still be sent even if you opt out of non-essential notifications.

XVI. Modification of Terms

We may revise or update these Terms from time to time in order to reflect changes in our Services, business practices, or applicable laws. 

If we make material changes to these Terms, we will provide you with reasonable notice, which may include posting a notice within the Services, updating the “Last Updated” date at the top of these Terms, or sending an email to the address associated with your account. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.

If you do not agree to the updated Terms, you must discontinue use of the Services and may request to have your account closed.

XVII. Contact Us:

admin@mmntsapp.com

© 2025 StockPitt LLC