Terms of use

1. Acceptance of These Terms

These Terms of Use ("Terms") govern your access to and use of the Moments mobile application, App Clip, website, and related services (collectively, the "Service"), which are operated by blend in K.K. ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company, organization, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms, and "you" refers to both you and that entity.

2. Eligibility

You must be at least 13 years old to use the Service. If you are a minor under the age of majority in your jurisdiction, you may use the Service only if your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Service, you represent and warrant that you meet these requirements.

3. Accounts and Security

Some features require you to create or link an account (for example, via Apple). You agree to provide accurate, current, and complete information and to keep it updated. You are solely responsible for all activity under your account and for safeguarding your credentials. Notify us immediately at the contact address below if you suspect any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account.

4. Paid Features and Purchases

We may offer paid features. Prices and applicable taxes are shown before purchase. Where purchases are made through the Apple App Store or another platform, the applicable platform's payment terms, billing rules, and refund policies apply. Except where refunds are required by applicable law, all purchases are final and non-refundable. We may change pricing, availability, or features of any paid offering at any time.

5. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your own personal, non-commercial purposes. We reserve all rights not expressly granted to you. Any commercial use of the Service requires our prior written consent.

6. Your Content and the Rights You Grant Us

"User Content" means photos, images, text, and other content you upload, capture, or submit through the Service. As between you and us, you retain ownership of your User Content.

By making User Content available through the Service, you grant us a worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to host, store, cache, reproduce, process, adapt, modify, create derivative works from, transmit, publish, and display your User Content, and any names, likenesses, and metadata it contains, in order to operate, provide, secure, develop, and improve the Service and our products and services. This includes using your User Content (which may identify you or others) to train and improve our algorithms, machine learning, and artificial intelligence models, to create aggregated, anonymized, or de-identified data, and to promote and market the Service and our products in our marketing, advertising, and promotional materials. This license continues for backups and for content shared with others even after you stop using the Service, and survives to the extent necessary to run the Service.

If you create or host an event, each event participant grants you and us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, and distribute the content associated with that event for the purpose of operating, viewing, sharing, and exporting that event album. You represent and warrant that you have obtained all rights, consents, and permissions necessary to grant these licenses — including from every individual who appears in or is identifiable from your User Content — for all uses described in these Terms, including promotional and marketing use, and that your User Content does not infringe the privacy, publicity, portrait, or other rights of any third party. We may, at our sole discretion and without notice, remove, screen, or disable any User Content at any time.

7. Acceptable Use

You agree not to do, or attempt to do, any of the following:

• Use the Service in violation of any applicable law or regulation, or for any unlawful, harmful, or fraudulent purpose.
• Upload or share content that is unlawful, infringing, defamatory, obscene, pornographic, harassing, hateful, threatening, or otherwise objectionable, or that you do not have the right to share.
• Upload other people's personal information or content without the necessary rights or consents, including content depicting persons under 13.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of, the Service.
• Use bots, scrapers, crawlers, or other automated means to access, extract, or collect data from the Service.
• Circumvent, disable, or interfere with security, access controls, or other technological protections of the Service.
• Introduce viruses, malware, or other harmful code, or otherwise disrupt, overburden, or impair the Service.
• Exploit the Service for any commercial purpose without our prior written consent.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Remove, obscure, or alter any proprietary notices on or in the Service.

8. Intellectual Property and Feedback

The Service and all related software, content, designs, text, graphics, logos, and other materials (other than User Content) are owned by us or our licensors and are protected by intellectual property laws. We reserve all rights in and to the Service, and you agree not to take any action inconsistent with those rights.

If you send us feedback, comments, or suggestions, you assign to us all rights in that feedback, and we may use it for any purpose without any obligation or compensation to you.

9. Third-Party Services and Materials

The Service may rely on or link to third-party services, content, or websites that we do not control. We are not responsible for, and do not endorse, any third-party services or materials, and your use of them is at your own risk and subject to their own terms.

10. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any content (including User Content) will be preserved or available. The Service is not a backup service; you are responsible for keeping your own copies of important content.

11. Limitation of Liability

To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, content, profits, or business, arising out of or relating to your use of or inability to use the Service. Our total liability for all claims relating to the Service is limited to the greater of the amount you paid us for the Service in the three (3) months before the event giving rise to the claim, or 5,000 Japanese yen.

Nothing in these Terms excludes or limits our liability where doing so would be unlawful, including liability for damages arising from our willful misconduct or gross negligence, or any other liability that cannot be excluded or limited under applicable law (including the Consumer Contract Act of Japan). If you are a consumer, these limitations apply only to the extent permitted by law.

12. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your User Content, your use of the Service, your violation of these Terms, or your violation of any law or the rights of any third party.

13. Suspension and Termination

We may suspend, restrict, or terminate your access to the Service, and remove any User Content, at any time and at our sole discretion, with or without notice, including if we believe you have violated these Terms or applicable law. You may stop using the Service at any time. Provisions that by their nature should survive termination will survive.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by other reasonable means and update the effective date above. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.

15. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of Japan, without regard to its conflict-of-laws rules. You and the Company agree that the Tokyo District Court (東京地方裁判所) will have exclusive jurisdiction as the court of first instance over any such dispute.

16. Apple App Store

If you access the Service through the Apple App Store, you acknowledge that these Terms are between you and the Company only, not Apple, and that Apple is not responsible for the Service or its content. Apple has no obligation to provide maintenance or support for the Service. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use of the Service must also comply with the Apple App Store Terms of Service.

17. Contact Us

If you have questions about these Terms, contact us at:

Contact: the chat on the Contact page of our website (momentswedding.com/en/contact)