Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and OTM App LLC (DBA "Own the Moment"), a Wyoming limited liability company, 1934 Old Gallows Rd, Ste 350, Vienna, Virginia 22182-4050, USA (“OTM App LLC,” “we,” “us,” “our”). They govern your access to and use of the Moment mobile app (the “App”) and the website at ownthemoment.app (the “Site,” and together with the App, the “Service”). By tapping Continue on the sign-up screen that links to these Terms, or by otherwise creating an account, using the App, or using the Site, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service. These Terms include the end user license for the App and replace the separate End User License Agreement (EULA) that applied before October 14, 2026.

IMPORTANT: PLEASE READ THE “GOVERNING LAW, DISPUTES, AND ARBITRATION” SECTION BELOW. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES CLASS ACTIONS AND JURY TRIALS. YOU MAY OPT OUT WITHIN 30 DAYS, AS EXPLAINED IN THAT SECTION.

The Service is offered only to people who live in the United States and are at least 18 years old, as described in the Eligibility section.

Not medical care, therapy, or a crisis service

Moment is not a medical or mental health service. It does not diagnose, treat or monitor any medical or mental health condition.

Moment is an adults-only self-help tool for habits and attention that offers private support for the decision point. Moment is not a medical provider and does not provide medical advice, diagnosis, or treatment. It is not therapy, not a substitute for professional care, and not an emergency or crisis service. Using Moment does not create a doctor-patient, therapist-client, or any other professional relationship. Nothing in the Service is a diagnosis or a promise of cure or any particular outcome, and nothing in it should be relied on as such. Always seek the advice of a qualified health provider with any questions about a medical or mental-health condition, and do not delay or avoid seeking care because of anything in Moment.

Moment is not a treatment for any medical or mental health condition, including but not limited to: substance use disorders; gambling disorder or other behavioral addictions; compulsive sexual behavior disorder; depression; anxiety disorders; obsessive-compulsive disorder; ADHD; PTSD; bipolar disorder; eating disorders; and suicidal thoughts or self-harm. If you have, or think you may have, any of these, see a licensed professional.

If you are in immediate danger, at risk of harming yourself or someone else, or need urgent help, contact local emergency services now. In the United States you can call or text 988 (Suicide & Crisis Lifeline), text HOME to 741741 (Crisis Text Line), call 911, or go to the nearest emergency room. Moment cannot and does not provide emergency assistance, and it cannot contact anyone on your behalf.

Moment staff do not read your journal entries or check-ins, and access to them is restricted. No one will contact you or follow up about what you write in them. If what you write includes certain words, the App may automatically show you the crisis resources above. This is an automatic word match. It is not monitoring, it does not assess your safety, it does not alert anyone, and it may not recognize every situation in which you need help.

You can report a problem to us through Help in the App or by email to supportownthemoment.app. Our support chat includes an AI assistant, Fin, that may answer your message. Its replies are labeled as AI, and our team can read support messages. Please do not share health or medical details in support messages. This channel is not monitored around the clock and is not for emergencies. If you are in an emergency, call 911, or call or text 988.

Eligibility: 18+ and United States only

You must be at least 18 years old, and you must live in the United States and be located there when you create your account, to create an account or use the Service. Moment is intended for adults only and is not directed to anyone under 18. By using the Service you represent that you are 18 or older, that you live in the United States, and that you can form a binding contract with us. We refuse sign-ups that indicate an age under 18. To enforce the age limit we keep only an identifier for that app install, for no more than 24 hours, as our Privacy Policy explains, and we collect nothing else from anyone under 18.

Your account

• You are responsible for keeping access to the email address and any phone number you use to receive sign-in codes secure, and for activity under your account.
• You agree to provide accurate information and to keep it up to date.
• You may delete your data, or your account and all data, at any time in the App (Profile, then Privacy & data, then Delete my data or Delete my account) or at ownthemoment.app/delete-account.
• We may suspend or close your account as described in the Termination section below.

Subscriptions, billing, trials, and automatic renewal

Moment offers paid, automatically renewing subscription plans (“Subscriptions”). Subscriptions are sold and billed by Apple through the App Store, under Apple’s terms and payment methods, not directly by OTM App LLC. Prices are shown in the App before you subscribe and may change over time. Payment is charged to your Apple account when you confirm your purchase.

Automatic renewal. Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current billing period, and by purchasing or activating a Subscription, you authorize recurring charges to your selected payment method for the applicable Subscription fee and any required taxes until you cancel. Your Apple account is charged for renewal within 24 hours before the end of the current billing period. Before you complete your Subscription purchase, the price, billing period, renewal date, that the Subscription will continue until you cancel, and how to cancel will be clearly disclosed, and you must provide affirmative consent (such as by tapping a button) to proceed.

Free trials and introductory prices. If a Subscription begins with a free trial or introductory price, the length of the trial or introductory period and the price that will apply after it ends will also be clearly disclosed before you start, and unless you cancel at least 24 hours before the trial or introductory period ends, your Subscription will automatically convert to a paid Subscription at that price.

Notices and changes. We or Apple will send you the confirmations and notices required by applicable law. Please read any notification of changes carefully. If you do not cancel your Subscription after such notice, then you will be deemed to have accepted those changes, except that if Apple requires your consent to a price increase, the increase will not apply unless you consent, and if you do not consent, your Subscription will end at the end of the current billing period. Changes will go into effect upon auto-renewal of your Subscription following the notice period or the date on which you otherwise explicitly accept any such changes, if earlier.

Manage or cancel. You may cancel your Subscription at any time through the App Store, or through your device’s subscription settings, which you can also reach from Manage subscription in the App. Cancellation will prevent future renewals but does not affect the current Subscription term; you will keep access to Subscription features through the end of the paid period. Deleting the App, your data, or your Moment account does not cancel a Subscription.

Refunds. Unless required by law, Subscription fees are non-refundable once the billing period has started, except as provided under Apple’s refund policy. Refunds for purchases made through the App Store are handled by Apple, and you may request a refund from Apple. We do not process App Store payments or issue App Store refunds directly.

Acceptable use

You agree not to:

• use the Service in any unlawful manner or for any unlawful purpose;
• use the Service on behalf of, or to collect information about, anyone under 18;
• attempt to gain unauthorized access to the Service, its servers, or any related systems, or interfere with or disrupt their integrity or performance;
• reverse engineer, decompile, or attempt to extract source code from the App except to the extent that restriction is prohibited by law;
• copy, scrape, resell, or commercially exploit any part of the Service except as permitted by these Terms or applicable law;
• modify or create derivative works of the App, remove any proprietary notices, or circumvent any security, age-verification, payment, or other access control;
• probe, scan, or test the vulnerability of the Service, or breach its security or authentication measures, without our written permission;
• introduce malware, overload the Service, or use bots, scripts, or other automated means to access the Service, except as we expressly permit;
• share your sign-in codes, use another person’s account, or create a new account to get around a suspension, a closure, or the age limit;
• enter or upload another person’s personal information unless you have the right to do so;
• upload unlawful content, or use the Service to harass, harm, or infringe the rights of others.

If you believe you have found a security vulnerability, please report it to supportownthemoment.app, and do not access, change, or keep any data that is not yours.

If community features become available and you post in them, you also agree to our Community Guidelines. There is no tolerance for objectionable content or abusive users. You can report content and block other users from within the App. We may review and remove content, and suspend or remove accounts that break these rules. To report something outside the App, contact supportownthemoment.app.

Your content

You own what you enter in the Service, such as your journal entries, check-ins, and notes. You give us a limited, non-exclusive license to host, store, process, and display that content only to provide the Service to you, to keep it secure, and as described in our Privacy Policy and the choices you make in the App. If community features become available, you also give us a license to display what you choose to post there to other users until you delete it. If you send us suggestions or feedback about the Service, we may use them without any obligation to you.

Data and privacy

Notwithstanding anything else to the contrary contained in these Terms, our use of any personal information we collect through the Service, including information you provide, will be governed by our Privacy Policy. For further information regarding our processing and use of your personal information, please refer to our Privacy Policy, which can be reviewed at https://www.ownthemoment.app/privacy.

Intellectual property and license

The Service and its contents (including the Moment and M marks, the “Own the Moment” name, software, text, graphics, and design) are owned by OTM App LLC or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, and to use the rest of the Service, for your own personal, non-commercial use. The App is licensed, not sold, to you, and we and our licensors keep all right, title, and interest in it. No other rights are granted.

All rights not expressly granted to you in these Terms are reserved by OTM App LLC and its licensors. You may not use the Moment or M marks, the “Own the Moment” name, our logos, or anything confusingly similar to them without our prior written permission, including in any way that suggests we sponsor or endorse you, your content, or another product or service.

Third-party services

The Service relies on third parties such as Apple, which distributes the App through the App Store and handles billing, and our hosting and infrastructure providers. Your use of the App Store is governed by Apple’s terms. You must comply with any third-party terms that apply when you use the App, such as your wireless carrier’s terms. We are not responsible for the content, policies, or practices of third parties.

Apple App Store terms

These Terms are between you and OTM App LLC only, not Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content. Apple has no obligation to provide any maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws. If a third party claims that the App or your possession and use of it infringes that party’s intellectual property rights, we, not Apple, are responsible for the investigation, defense, settlement, and discharge of that claim. You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.

Disclaimer of warranties

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, secure, or that it will produce any particular outcome. Your plan, reminders, and suggested steps are general self-help tools based on what you enter; they are not individualized professional advice. Any reliance on the Service is at your own risk.

Limitation of liability

To the fullest extent permitted by law, OTM App LLC and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising out of or related to your use of, or inability to use, the Service, even if advised of the possibility. To the fullest extent permitted by law, our total liability for any claim relating to the Service will not exceed the greater of the amount you paid for your Subscription in the twelve months before the claim or USD $50. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for our gross negligence, fraud, or willful misconduct.

Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless OTM App LLC and its affiliates from any third-party claims, damages, or expenses (including reasonable legal fees) arising out of your misuse of the Service or your violation of these Terms or of any law or the rights of a third party.

Changes to the Service and these Terms

We may modify or discontinue features of the Service, and we may update these Terms from time to time. When we make material changes we will revise the “Last updated” date above and give you notice in the App or by email before the changes take effect, and where appropriate we will ask you to re-accept the updated Terms in the App. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

We may release updates to the App, and we may require you to install an update to keep using the Service. These Terms apply to all updates unless an update comes with separate terms that we show you.

Termination

You may stop using the Service and delete your account at any time.

We may suspend or close your account, or limit your access to the Service, if: (a) you are under 18 or do not live in the United States; (b) you violate these Terms, including the Acceptable use rules or, once available, the Community Guidelines; (c) we reasonably believe your use involves fraud, misuse of sign-in codes or payments, or a security risk to the Service; (d) you harass, threaten, or harm other users or our staff; (e) a law, court order, or regulator requires it; or (f) we stop offering the Service.

Where it is practical and lawful, we will tell you before we suspend or close your account and explain why, and for less serious or first-time violations we will usually warn you or suspend your access temporarily before closing your account. We may act without advance notice if you are under 18, if the law requires it, or if we need to act quickly to prevent harm, fraud, or a security problem. If you believe we acted in error, contact supportownthemoment.app and we will review it.

If we close your account, we will delete or keep your data as described in the Privacy Policy. If we close your account for a reason other than your violation of these Terms or your being under 18, we will give you a reasonable opportunity to request a copy of your data first, where practical and lawful.

Closing an account does not cancel a Subscription, because Subscriptions are billed by Apple. If you delete your account, cancel your Subscription through the App Store as described above.

When your access ends, your license to use the App ends. The sections titled “Your content” (as to feedback), “Disclaimer of warranties,” “Limitation of liability,” “Indemnity,” “Apple App Store terms,” “Governing law, disputes, and arbitration,” and “General” survive termination.

Governing law, disputes, and arbitration

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act for the arbitration agreement below. You agree to the exclusive jurisdiction of the state courts located in Laramie County, Wyoming, and the United States District Court for the District of Wyoming for any dispute not subject to arbitration or small-claims resolution, except where applicable law gives you the right to bring a claim in your local courts.

Informal resolution first. Before either of us starts an arbitration or a court case, including in small claims, the one bringing the claim agrees to send the other an individual written notice, signed by the person bringing it, describing the dispute and the relief requested (to us at supportownthemoment.app, and to you at the email address on your account) and to try in good faith to resolve it for 60 days. Any applicable limitations period is paused during those 60 days.

Binding individual arbitration. If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules. The arbitration will take place by video or in the county where you live, unless you and we agree otherwise. Fees are paid as the AAA rules provide, and we will pay any filing, administrative, and arbitrator fees above the amount the AAA consumer rules require you to pay. The arbitrator may award the same individual relief a court could. The arbitrator decides any dispute about the scope, enforceability, or formation of this arbitration agreement, except that a court decides any dispute about the class action and jury trial waiver below. Either of us may instead bring an individual claim in small-claims court, and either of us may seek relief in court to stop infringement or misuse of intellectual property.

Class action and jury trial waiver. You and we may bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding, and you and we waive any right to a jury trial. If this waiver is found unenforceable for a particular claim or request for relief, that claim or request will be decided by a court, and not in arbitration, after the individual claims in arbitration are decided; the court case is paused until then. You may bring that claim in the courts where you live or in the courts named above.

Opting out. You may opt out of this arbitration agreement by emailing optoutmail.ownthemoment.app within 30 days after you first accept these Terms, with the subject line “Arbitration Opt-Out” and the email address on your account. Opting out does not affect any other part of these Terms. If you opted out of an earlier version of this arbitration agreement, your opt-out still applies. If we make a material change to this section, the change will not apply to a dispute you have already told us about in writing, and you may opt out of the changed section within 30 days after it takes effect.

General

These Terms, together with any terms shown to you in the App when you use a specific feature, are the entire agreement between you and us about the Service. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets, or to a successor that continues the Service under these Terms. We may send you notices about the Service and these Terms by email or in the App.

Contact

Questions, complaints, or claims about these Terms or the App can be sent to supportownthemoment.app or by phone at 833-4-MOMENT.

OTM App LLC (DBA "Own the Moment") · 1934 Old Gallows Rd, Ste 350, Vienna, Virginia 22182-4050, USA · supportownthemoment.app · 833-4-MOMENT