These Terms form a binding agreement between **Momentis** ("Momentis," "we," "us," or "our") and the person or entity agreeing to these Terms ("you" or "Customer"). By accessing or using our websites, dashboards, APIs, design tools, or other services (collectively, the "Services"), you agree to these Terms. If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company.
You own your content; you must have the rights to sell what you sell. We offer a SaaS platform that turns real‑time moments into merch designs and routes production/fulfillment via third‑party providers. You pay applicable subscription fees and third‑party costs. We don’t guarantee sales. Keep your account secure and use the Services lawfully.
Momentis provides software and services that (a) detect or accept input about cultural/sports/music moments, (b) generate or help you generate design variants, (c) provide storefront integrations and/or configuration, and (d) route made‑to‑order production and fulfillment via third‑party partners selected by you or us on your instruction (each a "Fulfillment Partner").
Our Services do **not** grant you any intellectual property rights in third‑party content (e.g., team logos, artist images, quotes, lyrics). You are solely responsible for obtaining and maintaining all necessary rights, clearances, and licenses for any products you publish, list, or sell using the Services.
Some features may be identified as beta or pre‑release. They are provided "as is," may change at any time, and may be discontinued without notice.
You must create an account to use most features. Provide accurate information and keep it updated. You are responsible for all activity under your account.
You must be at least 18 years old (or the age of legal majority where you live) to use the Services.
Keep your credentials confidential. Notify us immediately at **security@momentis.io** of any unauthorized access or suspected breach.
If you choose to use Google Sign‑In, you agree that your use will occur through our verified domains and consent screens. You may revoke Google access at any time via your Google account settings. See our Privacy Policy below for details.
As between you and Momentis, you own your content, including designs, product listings, logos, text, and data you upload ("Customer Content").
You grant Momentis a non‑exclusive, worldwide, royalty‑free license to host, store, reproduce, modify (e.g., for resizing, mockups, and format conversions), publicly display, and otherwise use Customer Content **solely** to provide and improve the Services and to fulfill your instructions (e.g., routing to a Fulfillment Partner).
You represent and warrant that you have all rights necessary to (a) upload and use Customer Content with the Services, (b) manufacture, advertise, and sell products that incorporate Customer Content, and (c) authorize Momentis and our subprocessors to process Customer Content for the purposes permitted by these Terms.
You will not use the Services to create, promote, or sell content that is illegal; infringes intellectual property or publicity/privacy rights; contains hateful or discriminatory material; promotes violence or self‑harm; or otherwise violates our Acceptable Use (Section 7) or applicable law. We may remove or decline to process any content or orders that we reasonably believe violate these Terms or law.
We respond to credible IP complaints and court orders. See Section 10 (IP, DMCA‑style notices).
We may offer free trials and paid plans (e.g., Basic, Pro, Studio). Plan features, limits, and pricing are described on our site or order form.
You authorize us (and our payment processors) to charge subscription fees and applicable taxes on a recurring basis until you cancel. Fees are non‑refundable except as required by law or expressly stated otherwise.
You are responsible for product/blank costs, printing costs, packaging, shipping, taxes, duties, and payment processing fees. These may be deducted from your payouts or charged to your payment method, as applicable.
If your plan includes payouts (e.g., you sell to fans), you authorize Momentis to receive funds on your behalf, deduct applicable fees and costs, and remit your net proceeds to the payout account you designate, subject to reserves, chargebacks, refunds, compliance checks (KYC/AML), and our payout schedule. You are responsible for all taxes arising from sales.
You are liable for chargebacks, refunds, and disputes relating to your products or representations. We may offset or withhold amounts to cover anticipated liabilities.
Production and fulfillment are performed by third parties. Estimated timelines are for convenience only and not guaranteed. Title and risk of loss for physical goods pass to the buyer upon delivery to the carrier.
Your store's return/exchange policy must comply with applicable law. You are responsible for honoring your posted policies. We may require you to accept a return or refund if required by law or platform policy.
You are responsible for end‑customer inquiries about your products, sizing, delivery, and returns. We support you regarding the Services themselves.
The Services may integrate with third‑party platforms (e.g., Shopify, Stripe/PayPal, print‑on‑demand providers, analytics). Your use of third‑party services is governed by their terms and privacy policies. We are not responsible for third‑party services.
We use subprocessors to provide the Services (e.g., hosting, analytics, authentication). See our Privacy Policy for categories and examples.
You agree not to: (a) use the Services for unlawful purposes; (b) infringe IP, publicity, or privacy rights; (c) upload malware or attempt to probe or breach security; (d) circumvent usage limits; (e) misrepresent affiliations, endorsements, or licenses; (f) collect or process sensitive personal data via the Services except with lawful basis and required safeguards; (g) engage in deceptive, unfair, or abusive practices; or (h) use the Services to generate or sell prohibited items (e.g., weapons, counterfeit goods, illicit drugs).
We may suspend or terminate your access if you violate these Terms, we suspect fraud or unlawful activity, you fail to pay fees, or continued service poses risk. You may cancel at any time via your account settings; cancellations take effect at the end of the then‑current billing period. On termination, your license to use the Services ends, but Sections intended to survive (including 3, 4.4–4.5, 7–13) will remain in effect.
We retain Personal Data for as long as needed to provide the Services and for legitimate business purposes (e.g., legal, accounting, fraud prevention). Typical periods:
- Account data: retained while the account is active and for up to 24 months after closure unless a longer period is required by law (e.g., tax/transaction records).
- OAuth tokens/identifiers: deleted promptly after you disconnect Google or after 90 days of inactivity tied to OAuth, whichever occurs first, unless needed for security, fraud prevention, or legal obligations.
- Order records: retained per applicable law (e.g., 7 years for tax/accounting in some jurisdictions).
Each party may disclose non‑public information to the other. The receiving party will use such information only to perform under these Terms and protect it with reasonable care.
Our IP. The Services, including software, models, and templates, are owned by Momentis and its licensors. Except for the limited license in Section 3.2, no rights are granted.10.2 Claims. If you believe material on the Services infringes your rights, send a notice to legal@momentis.io with: (a) your contact details; (b) identification of the work and the allegedly infringing material; (c) a statement of good‑faith belief; and (d) a statement under penalty of perjury that you are authorized to act. We may forward your notice to the user who posted the material.
Claims. If you believe material on the Services infringes your rights, send a notice to legal@momentis.io with: (a) your contact details; (b) identification of the work and the allegedly infringing material; (c) a statement of good‑faith belief; and (d) a statement under penalty of perjury that you are authorized to act. We may forward your notice to the user who posted the material.
11.1 Mutual. Each party represents it has the authority to enter into these Terms.11.2 Customer. You represent that your use complies with law and you have obtained all necessary rights for your content and products.11.3 Disclaimers. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR COURSE OF DEALING. WE DO NOT WARRANT RESULTS, SALES, OR ERROR‑FREE OPERATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; AND (B) EACH PARTY'S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO MOMENTIS FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. NOTHING LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR BODILY INJURY.
You will defend and indemnify Momentis, its affiliates, and personnel from and against claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (a) your content or products; (b) your use of the Services; or (c) your breach of these Terms or law.
Use of the Services is subject to our Privacy Policy (below). To the extent EU/UK/Swiss data protection laws apply and we process Personal Data on your behalf, the Data Processing Addendum (DPA) incorporated by reference governs such processing. Contact privacy@momentis.io for a copy.
These Terms are governed by the laws of the State of Israel, without regard to conflict‑of‑laws rules. Courts in Tel Aviv‑Yafo, Israel will have exclusive jurisdiction. Each party consents to personal jurisdiction and venue in those courts.
We may update these Terms by posting a revised version with a new "Last updated" date. Material changes will be notified through the Service or email (if available). If you continue using the Services after changes take effect, you accept the changes. Contact us at legal@momentis.io.