Terms and Conditions

1. Background

These terms and conditions ("Terms") govern your use of the Website. By using the Website or clicking on an "Accept" (or similar) button, you agree to be legally bound by these Terms. If you do not accept these Terms, you are not permitted to and must not use the Website. Any new features or tools which are added to the Website shall also be subject to these Terms.

2. Definitions

Unless expressly provided otherwise, in these Terms:

• "Account" means an account created on the Website by the User.
• "Account Details" means a username, password and any other details provided by Momentico to a User for the purpose of managing their Account.
• "Content" means the content or materials including (but not limited to) still or moving images, videos, sound recordings or other audiovisual materials, artistic works, written works and personal information created or provided by a User for the purpose of a Momentico.
• "Momentico" has multiple definition depending on the context where it is used:

  i. "Momentico" in the context of content or messages, is the proper noun coined by us that refers to Content that a User sends via the Website to one or more recipients specified by the User after a period or at a date specified by the User.

  ii. "Momentico", "us", or "we" means NOVABYTE INNOVATIONS, its subsidiaries and its subsidiaries' directors, officers, employees, agents and advisors.

• "Intellectual Property Rights" means patents, business method patents, rights in inventions, trade secrets, copyrights, mask work rights, moral rights, trade names (including derivatives thereof), trademarks, logos, service marks, images, photographs, slogans, trade styles, trade dress, and graphics, whether or not registered or otherwise legally determined to be owned, rights in trade dress, technical know-how, software, specifications, processes, designs, trade secrets, publicity rights, privacy rights, and all other intellectual property rights and proprietary rights worldwide, whether arising under the laws of the Malaysia or any other state, country or jurisdiction, including all rights or causes of action for infringement, violation or misappropriation of any of the foregoing. For clarity, our Intellectual Property Rights include all right, title and interest in and to the Website, the Services and all derivatives thereof; the templates, tools, processes, data, data analytics, methods, and other proprietary means we use to create, develop or deliver the Website and/or the Services; and all names and marks that reference or include "Momentico" and any name of our products or services.
• "NOVABYTE INNOVATIONS" means NOVABYTE INNOVATIONS (202303083953 RA0098916-W).
• "Platform" has the meaning given to that term in section 4 of these Terms.
• "Privacy Policy" means the privacy policy of NOVABYTE INNOVATIONS, as amended from time to time.
• "Purpose" means the creation of an Account or use of the Service, as permitted under these Terms.
• "Service" means the service provided by us which allows:

  i. A user to send Momenticos.

  ii. A recipient to access a Momentico.

• "Terms" means these terms and conditions.
• "User" means a user of the Service, being either:

  i. An owner of a Momentico account;

  ii. A Recipient to access a Momentico.

• "Recipient" means a recipient of a User's Momentico.
• "Site" or "Website" means www.momentico.app and includes any version of the Service (including any "app" or similar version) that can be viewed or accessed on any type of device, including but not limited to tablet devices, and unless the context requires otherwise, includes all related services.
• "Website Material" has the meaning given to that term in section 8 of these Terms.
• "You" and "Your" means the person reading these Terms or such other terms or policies adopted in accordance with these Terms.

3. Creating an Account

To use the Service, a User must create an Account. In order to create an Account, you must provide your:

• email address
• password
• full name

You may also create an Account and log in to the Website using single sign-on services such as Google. These services will allow the third party to authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form which may be collected, stored and used by Momentico in accordance with our Privacy Policy.

You agree to provide current, complete and accurate details relating to your Account.

You acknowledge and agree that the Premium Fee is a non-refundable payment to Momentico.

4. Application of third-party Standard End User License Agreements

In addition to these Terms, where you have obtained a version of the Website through the Apple AppStore or other similar application platform ("Platform"), you acknowledge that your use of the Website is governed by these Terms and the Platform's standard end user license agreement if and to the extent applicable. In the event of any inconsistency between these Terms and such standard end user license agreement of the Platform, these Terms shall take precedence over any standard end user license agreement.

5. Rules for using the Service

When using the Service or interacting with the Website and other Users, you must:

• be over 18 years of age unless you are using the Service under the supervision of a parent or guardian;
• only use the Website for the purpose and for no other purpose;
• not use the Website for any unlawful, fraudulent or otherwise tortious purpose and not to violate any applicable local, state, national or international law;
• not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
• be respectful of each User and their friends and family;
• not create, send or post any Content about any living person by which they may be personally identified without their prior written consent (which you must provide to us within 5 days of a request for same by us) or which in any way compromises another living person's privacy or breaches confidentiality. When obtaining such consent, you must also obtain their consent for us to collect their information in accordance with our Privacy Policy;
• not create, send or post any personal information or images identifying a minor without the prior written consent of that individual's parent or guardian;
• not impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with a person or entity;
• not create, send or post Content that contains material that is untrue, fraudulent, misleading, inappropriate, tasteless, likely to cause distress, harmful or inappropriate for minors to view, culturally insensitive, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, immoral, pornographic, offensive, violent, deliberately provocative or indecent, or otherwise objectionable, or that victimizes, harasses, insults, disparages, degrades or intimidates, or discriminates against, any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
• not create, send or post Content that is of nuisance value or vexatious;
• not infringe, misappropriate or violate the Intellectual Property Rights of others (including Momentico);
• not upload or transmit files, or cause users to upload or transmit files, that contain viruses, worms, "Trojan horses", Easter egg, time bomb, spyware, malicious code, corrupted files, or any similar software or programs that may adversely affect, damage, overburden, monitor or disable the functionality or operation of the Website or the operation of another's computer or other device;
• not interfere with, circumvent or disrupt the operation of the Website; the systems, servers, or networks used to make the Website available; or the security features of the Website or other websites or the Internet, including by hacking or defacing any portion of the Website or by making any "Denial-of-Service" ("DoS") attacks, or violating any requirement, procedure or policy of such servers or networks;
• not advertise any goods or services (except where paid advertising is permitted). Sending "junk mail", "spam", "chain Content", "pyramid schemes" and similar activities are strictly prohibited;
• not solicit anyone to buy or sell products or services, or to make donations of any kind on the Website, without our express written approval, or to perform or participate in any unlawful or otherwise prohibited acts; and
• not use a Momentico for the primary purpose of promoting a cause or movement, whether political, religious or otherwise, nor for the purpose of commemorating or glorifying an individual that is generally considered to be of ill repute or unscrupulous;
• not harvest, track or collect information about users of the Website.

You acknowledge and agree that, without limiting any other remedy we may have, we may elect not to deliver a Momentico and reserve the right to delete or remove any Content or Momentico that breaches these Terms.

6. Sending Momentico into the future

To send a Momentico as a Recipient, you must provide:

• content for the Momentico;
• an email address or phone number;
• the period of time before or the date on which you wish the Momentico to be delivered.

This information will be used by us to deliver the Message to the email address or phone number you provide on the date you set as the date of delivery. Any Content, including personal information, that you provide must comply with these Terms.

We do not pre-screen Momentico and to the maximum extent permitted by law we are not responsible or liable in respect of any Momentico.

We reserve the right (but disclaim the obligation or responsibility) to monitor any Content, including all Momenticos created on our Website.

We encourage you to notify us of inappropriate or illegal Content and we reserve the right to remove Momenticos or other Content posted in breach of these Terms.

If you believe yours or another person or entity's Intellectual Property Rights have been infringed, please contact us at support@novabyte.io

We reserve the right to edit or abridge Momenticos and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our reasonable discretion in order to ensure the orderly, lawful and efficient operation of the Website.

Any Momentico that include personally identifiable information, email addresses, advertisements, excessive profanity, hate speech or any other content that we deem inappropriate will be removed without notice.

Subject to our right to modify, suspend or discontinue any Account created on the Website, and its associated Content, will remain available online so long as Momentico continues to conduct its business and operate the Website.

7. Intellectual Property Rights of Content

We make no claim to ownership of the Intellectual Property Rights in the Content created by Users on the Website, but if you send a Momentico, you:

• grant us a non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable license to reproduce, modify, delete, adapt and publish any Content you post or upload and to sub-license the same for such purposes in connection with the provision of the Service as Momentico considers necessary from time to time;
• grant us the right to use your name and other information that you provide in connection with that Content (subject to our Privacy Policy); and
• you warrant that you have all necessary rights and consents in the Content that you contribute and that the Content does not in any way breach these Terms.

8. Use of Website Material

The contents of the Website (other than Content and Momenticos), including all other text, graphics, images, logos, icons, images, photographs, audiovisual material and other content ("Website Material") are or may be protected by Intellectual Property Rights. Intellectual Property Rights in that material are either owned by or licensed to us.

You may access and view the Website Material for the purpose of your personal use of the Website. You may not, without our prior written permission, in any form or by any means:

• adapt, reproduce, store, distribute, print, display, perform, publish, disassemble, reverse engineer or create derivative works from any Website Material;
• commercialize or sell to anyone any information, Content, products or services obtained from any part of the Website;
• mirror or frame the Website or any part of the Website; or
• use any automated process of any sort to query, access, retrieve, spam, phish, pharm, pretext, spider, crawl, scrape, data-mine or copy any Website Material or generate or compile any document, index or database based on the Website Material.

If you are a recognized media outlet or a commercial online publication, you may use the Website Material subject to you acknowledging Momentico as the source of the relevant material re-published by you.

You agree not to disclose to any person or entity, personally identifiable information about other Users that you learn using the Website (including distribution via e-mail to you by a User) without the express written consent of such User.

Except as expressly set forth herein, no right, title or interest in or to our Intellectual Property Rights is granted by us to you whether by implication, estoppel, or otherwise, and the provision of the Website, the Services and the Website Material to you hereunder shall have no effect on our Intellectual Property Rights with respect to the Website, the Services or the Website Material. You agree to respect all such rights, and to take or permit to be taken no actions which would infringe upon, misappropriate or violate such rights. As between you and us, all Intellectual Property Rights in and to the Website, the Services and the Website Material, and any improvements or other ideas, discoveries or inventions related thereto (including any and all those made in response to your feedback or suggestions), will be our property.

9. Links

The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Our inclusion of linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent expressly stipulated to the contrary.

10. Privacy, Security of Information and Data and System Integrity

Momentico will take reasonable steps to ensure the security of the Website. Our policy on the collection, use and disclosure of your personal information is set out in our Privacy Policy which forms part of these Terms.

Momentico will collect, store, use, disclose, protect and otherwise handle your personal information (and the personal information of others) in accordance with our Privacy Policy. Nevertheless, no data transmission (including transmissions involving payment information) over the internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot guarantee the security of any information which you transmit to us. Accordingly, any information which you transmit is at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

You acknowledge and agree that the Website and each Service are provided on an "as is" and "as available" basis. Although we will use reasonable efforts to provide the Website and the Service to you, you acknowledge and agree that we do not guarantee, represent or warrant that your use of the Website or any Service will be uninterrupted, timely, secure or error-free, that the information on or the results obtained from your use of the Website or the Service will be accurate or reliable, or that errors will be corrected in a timely manner or otherwise. The Website may contain bugs, errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including without limitation, servers, computers, tablets and smart phones) connected to your device. We reserve the right (but disclaim the obligation or responsibility) to correct any errors, inaccuracies or omissions, and to change or update information on the Website at any time without notice.

11. Indemnity

To the maximum extent permitted at law, you agree to indemnify, defend and hold harmless, we, against any and all liabilities, costs, expenses (including attorneys' fees), actions, claims, suits, judgments, settlements, penalties, losses, demands or damages of every kind whatsoever directly or indirectly arising from, related to or connected with:

• your Content or Momentico;
• your breach of these Terms; or
• infringement, misappropriation or violation by you of our or any third party's Intellectual Property Rights.

You may not settle any such claim against Momentico without our prior written consent. Any legal counsel appointed by you to defend such a claim must be experienced in the type of litigation involved and must be reasonably satisfactory to Momentico.

12. Limitation of Liability; Disclaimer

To the maximum extent permitted at law, you acknowledge and agree that Momentico will not be liable to any person for, and you forever release and discharge us from, any claims that you have now or may have against us, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, Content, data, opportunity, revenue or business, even if advised of their possibility, whether caused by any User or Momentico.

To the maximum extent permitted at law, we also disclaim all warranties and representations, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, suitability, title, non-infringement, and/or arising from a course of dealing. We do not control or direct what people and others do and say, and we are not responsible for their actions or conduct (whether online or offline), or any Content that is shared (including offensive, inappropriate, obscene, unlawful or other objectionable Content).

13. Warnings

You must ensure that your access to the Website is not illegal or prohibited by laws or policies (such as employers' usage policies) that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility or liability for any interference or damage to your own computer which arises in connection with your use of the Website or any linked website or service and which is not attributable to Momentico.

14. Termination

We reserve the right to suspend or terminate your access to the Website at any time immediately without notice:

• if we form the view there is a breach or threatened breach of these Terms by you,
• for any other reason, or
• for no reason. Upon any such suspension or termination, your right to use the Website and the Services will immediately cease and you will remain liable for all amounts due up to and including the date of suspension or termination. You agree that we shall not be liable to you or any third party for any termination of your access to the Website or any Service. To the maximum extent permitted at law, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such suspension or termination.

Momentico reserves the right to ban any person from using the Service on the basis of past or threatened breaches of these Terms.

Momentico also reserves the right to modify, suspend or remove the Website or the Service (or any part of the Website or Service), either temporarily or permanently, at any time or from time to time, with or without prior notice to you.

15. Additional Terms and Policies

We reserves the right to put in place and adopt any further additional terms and policies that it considers reasonable and necessary.

You should visit the Website periodically to review these Terms. However, Momentico will notify you by email to the email address linked to your Account when any such new terms and policies are displayed on the Website.

If you do not agree to the new terms, you may cancel your Subscription Plan through your account. However, if you continue to use the Website following our posting of new terms, such continued use will constitute your acceptance of those new terms.

16. Severability

Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the validity or enforceability of other provisions.

17. Waiver

Any failure or delay by us to enforce or exercise a power or right or provisions of these Terms will not constitute a waiver of those rights or provisions, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.

18. Amendment

We reserve the right at our reasonable discretion to revise these Terms at any time. You should visit the Website periodically to review these Terms. Amendments will be effective immediately upon notification on the Website. If you do not agree to the revised terms, you may cancel your Subscription Plan through your account. If you continue to use the Website or any Service following our posting of revised terms, such continued use will constitute your acceptance of those revised terms.

19. Miscellaneous Terms

These Terms and any policies or operating rules posted by us on the Website or in respect of any Service constitutes the entire agreement and understanding between you and us and govern your use of the Website and the Services, superseding any prior or contemporaneous agreements, course of dealing, usage of trade, communications and proposals, whether oral or written, between you and us (including any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. You may not transfer, assign or delegate your rights or obligations under these Terms or any portion thereof. These Terms will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns and designees. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. As used in these Terms, the words "include," "includes," and "including" are deemed to be followed by the words "without limitation".

20. Electronic Signature

You agree that your acceptance of these Terms by electronic means, including an "I Accept" or similar button or checkbox or other electronic signature process, indicates your intent be bound and is binding upon you and enforceable in the same manner as a handwritten signature.

21. Contact Information

Questions about these Terms should be sent to us at support@novabyte.io