MOMENT

TERMS AND CONDITIONS

This page explains the terms for using Moment’s (“Moment,” “we,” or “us”) website, mobile applications and services, and any other software provided on or in connection with the Moment services including the Software, Mobile Software, Apple-Sourced Software, and Beta Services (collectively called the “Service”), so please read these terms of use (this “Agreement”) carefully before using the Service. If you have any questions, reach out at hello@shopmoment.com.

ACCEPTANCE OF THE TERMS OF USE

Please read the Agreement carefully before using the Service. By accessing or using the Service, you agree to be bound by this Agreement and by our Privacy Policy, whether or not you are a registered user of our Service. If you do not agree to all the terms and conditions of this Agreement, you shouldn’t and aren’t permitted to use the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

1. Payment. Payment must be by way of credit card through the Moment, Inc website located at www.shopmoment.com. You are responsible for maintaining the confidentiality of your account and password and for controlling access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We have refund policies specific to the type of products or services you are purchasing. If you are purchasing a product, you can view our refund policy at https://help.shopmoment.com/article/66-returns-exchanges. If you are purchasing a lesson, you can view our refund policy at https://help.shopmoment.com/article/197-lessons-faq.

2. Shipping/Delivery. Your product will be shipped promptly upon our receipt of your order. If you pre-ordered a product, or the product you ordered is not in stock, we will notify you of the estimated shipping date, in which event you may cancel your order at any time prior to its shipment. Some products or services, such as lessons and those provided by Moment Travel, may require you to make payments prior to the delivery of the products or service. The specific terms relating to your order will be provided to you at the time you place your order. In no event will we pay you interest for any prepaid orders. Shipments will be made Monday – Friday, excluding holidays, unless otherwise noted.

You authorize Moment Inc. to import the goods on your behalf. Further you agree that Moment Inc. may delegate the obligation to import the goods on your behalf to a subcontractor (e.g. customs broker). You will pay the taxes & duties in addition with the purchase price of the goods.

The goods will be imported on behalf of the consignee. The consignee authorizes the Moment Inc. to import the goods on his behalf. Further, the consignee/buyer agrees that Moment Inc. may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods.

3. Moment Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. MOMENT reserves all rights not expressly granted herein in the Service and the MOMENT Content (as defined below). MOMENT may terminate this license at any time for any reason or no reason.

Certain features of the Service may be made available only to paid subscribers (“Subscriber Features”). If you purchase access to certain individual features (each an “Individual Feature”) on a feature-by-feature basis (e.g., by purchasing access to one or more particular looks, look packs, or in-app tools), then you will generally retain access to such Individual Feature for so long as your account is active or for such shorter time as communicated to you at the time of purchase (e.g., if you purchase an Individual Feature that expires after a limited period of time). However, we, in our sole discretion, may decide to remove such Individual Feature from the Service or decide not to support such Individual Feature any longer, in which case we will use commercially reasonable efforts to notify you in advance that you may no longer have access to such Individual Feature. Non-subscribers, including but not limited to former subscribers, do not and will not have access to Subscriber Features unless and until they become paid subscribers. Individual Features and Subscriber Features are tied to your MOMENT account, Apple ID, device ID, or other unique identifier we may choose in our sole discretion, however, some of these Individual Features or Subscriber Features may be used on multiple devices subject to the restrictions set forth above in the Section entitled “Use of Our Service” under “MOMENT Account.”

The foregoing license grant is not a sale of all or any portion of the Service, including but not limited to any Individual Features and Subscriber Features, and MOMENT or its third party partners or suppliers, as applicable, retain all right, title, and interest in and to the Service, including but not limited to any Individual Features and Subscriber Features (and any copy thereof).

4. Mobile SoftwareWe may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. MOMENT does not warrant that the Mobile Software will be compatible with your mobile device. MOMENT hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one MOMENT account on one mobile device owned or leased solely by you, for your personal, noncommercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software or use the Mobile Software to develop a competing product, except to the extent that such restrictions are expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that MOMENT may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and MOMENT or its third party partners or suppliers, as applicable, retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Moment reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013©(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.

5. Mobile Software from Apple. The following also applies to any Mobile Software you acquire from the Apple Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and MOMENT, not Apple, and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms and Conditions. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to MOMENT as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to MOMENT as provider of the software. You acknowledge that, in the event of any third party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, MOMENT, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and MOMENT acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as it relates to your license of the Apple-Sourced Software against you as a third party beneficiary thereof.

6. Text Messages and notifications. If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional Text text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email textsupport@wunderkind.co.In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages.Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

    7. Beta Services. We may make available MOMENT services, including the Software, Mobile Software, and Apple-Sourced Software, that allow you to access and use certain features, technologies, and/or services that are not yet generally commercially released (collectively referred to as the “Beta Services”). In addition to the other provisions in this Agreement, the following additional provisions in this subsection apply to the Beta Services.

    The license granted by MOMENT under this Agreement with respect to the Beta Services will automatically terminate upon the release of a generally commercially available version of the applicable Beta Services or will terminate as otherwise set forth in this Agreement or as determined by MOMENT (“Beta Period”). For the avoidance of doubt, the license is subject to the below restrictions, and MOMENT may revoke your license to the Beta Services or modify the permitted use of or suspend your access to any Beta Services at any time and for any or no reason.

    You acknowledge that the Beta Services, including their existence, features, capacities, capabilities, thresholds, limitations, and mode of operation, any related materials provided by MOMENT, any beta test results compiled by you, and other technical, business, product, marketing, and financial information, plans, and data relating to the Beta Services are the confidential information of MOMENT (“Beta Confidential Information”). You agree (i) to hold the Beta Confidential Information in strict confidence, (ii) not to disclose any Beta Confidential Information to any third parties except as authorized by MOMENT in writing, and (iii) not to use any Beta Confidential Information for your own use or for any purpose except as permitted under this Agreement including testing the Beta Services and providing feedback with respect to such Beta Services to MOMENT. You agree to take all practicable measures to protect the secrecy of Beta Confidential Information and avoid disclosure or use of Beta Confidential Information other than expressly authorized herein, which measures will take the form of the highest degree of care that a reasonable person would apply to protect his, her, or its own information of a similar nature and importance. You agree promptly to notify MOMENT in writing of any misuse or misappropriation of Beta Confidential Information that may come to your attention. All copies of electronic information and data, or tangible items including documents and magnetic media, containing or embodying Beta Confidential Information will be permanently destroyed upon the expiration or termination of the Beta Period or as otherwise requested by MOMENT.

    THE BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, FOR THE AVOIDANCE OF DOUBT, MOMENT IS PROVIDING THE BETA SERVICES TO YOU “AS IS.” MOMENT MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE BETA SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MOMENT DOES NOT WARRANT THAT THE BETA SERVICES WILL BE ERROR-FREE OR THAT THEY WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME.

    8. Disclaimer. EXCEPT AS MAY BE EXPRESSLY PROVIDED BY MOMENT INC AT THE TIME YOUR ORDER IS SHIPPED OR IN THE WARRANTY INFORMATION INCLUDED WITH MOMENT PRODUCT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOMENT PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND MOMENT, INC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO MOMENT PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MOMENT, INC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIRD PARTY PRODUCTS YOU PURCHASE FROM THE MOMENT WEBSITE.

    9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MOMENT, INC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE MOMENT PRODUCTS OR THIRD PARTY PRODUCTS PURCHASED FROM THE MOMENT WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MOMENT, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Moment, Inc’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount you paid for your Moment Product. In no event shall Moment, Inc have any liability for damages relating to any third party products purchased from the Moment website. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

    10. Force Majeure. Neither party shall be liable to the other for any failure to perform its obligations due to an event beyond the control of such party, including, but not

    limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable endeavors to comply with these terms and conditions.

    11. Privacy. All information provided by you is subject to Moment Inc’s privacy policy found at https://www.shopmoment.com/privacy-policy. If you have any questions or concerns regarding your privacy, please contact us.

    12. Controlling Law and Severability. These Terms will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, these Terms will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect.


    13. Dispute Resolution
    You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. The
    preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms must be brought within one (1) year after the
    cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery
    may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between
    MOMENT and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such
    dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the
    parties shall be free to pursue any right or remedy available to them under applicable law.

    14. Feedback
    .
    We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service (“Feedback“). You may submit Feedback at hello@shopmoment.com. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those
    ideas and materials for any purpose, without compensation to you.

    Updated 10/18/2021