Momoir Terms of Service and Privacy Policy

Last updated: May 13, 2026  ·  Effective: May 13, 2026  ·  Version 1.4

Plain-language summary

Momoir is a place where you write letters to your child across a lifetime. Those letters become a book one day. We treat your words and photos like the irreplaceable things they are.

Four promises sit at the heart of this document:

1. Your letters are yours. You own everything you write and upload. We only get the limited permission we need to store it, format it, and one day print it for you.
2. Your letters are kept private. We protect your content with encryption in transit and at rest, strict access controls, and a written policy that Momoir staff do not read user content except in narrow, audited circumstances (a security incident, your own support request, or valid legal process). Our Service Providers are bound by the same restrictions through contract.
3. We will never use your content to train AI. Not ours, not anyone else's. This is a binding contractual commitment, reinforced by our internal policies, our vendor contracts, and our access controls. Section 7 and Section 29 describe it in detail.
4. Your book outlives you, on your terms. You decide who receives the book if something happens to you. We honor a documented beneficiary designation, with verification, as described in Section 14.

The full document below is the legal version. If anything in the summary conflicts with the full document, the full document controls.

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How to read this document

This document is one combined agreement made up of two parts:

• Part I: Terms of Service governs your use of Momoir, your account, your content, payments, the beneficiary feature, and disputes.
• Part II: Privacy Policy governs what personal information we collect, how we use it, your rights under GDPR, CCPA, and LGPD, and our binding pledge not to train AI on your content.

Defined terms are introduced in bold and used consistently throughout both parts.

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Definitions

In this document:

• "Momoir," "we," "us," and "our" mean Momoir LLC, a California limited liability company with its registered office at 131 Carmine, Irvine, CA 92618, the operator of the Momoir application and websites at momoirapp.com and any other domains we operate (together, the "Service").
• "You" and "your" mean the individual who has accepted this document and uses the Service.
• "Account" means the credentialed login that holds your books and content.
• "Child" means the named recipient of a book inside your account. A book is created in honor of one specific child.
• "Book" means the digital container of your moments and letters for a specific child, and any printed edition we produce from it.
• "Moment" means an everyday entry you create.
• "Letter" means an intentional, often time-significant entry you create.
• "Content" means everything you create, upload, or store inside Momoir, including text, photos, audio, metadata, and any printed output produced from those inputs.
• "Beneficiary" means the person you designate inside the Service to receive control of a book in the event of your death or sustained incapacity, as described in Section 14.
• "Service Providers" means the third-party vendors we use to deliver the Service, such as cloud hosting, image storage, payment processing, email delivery, and print fulfillment.

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Part I: Terms of Service

1. Acceptance of these Terms

By creating an account, accessing the Service, or using any feature of Momoir, you agree to this document. If you do not agree, do not use the Service.

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account. The Service is designed for adult parents, guardians, and family members who write to a child. We do not knowingly create accounts for minors. See Section 23 for our position on children's data.

2. Eligibility and account responsibility

You are responsible for the accuracy of the information you provide, the security of your login credentials, and all activity that takes place under your account. Notify us at support@momoirapp.com immediately if you suspect unauthorized access.

If you forget your password, you may reset it through the standard password reset flow at momoirapp.com/auth. We strongly recommend that you periodically export a copy of your book to PDF, so you have an offline copy independent of your account.

You may not transfer your account to another person except through the beneficiary process described in Section 14 or with our prior written consent.

3. The Momoir promise

Momoir is a tool for writing to a child across a lifetime. We commit to:

1. Keep your content available to you for as long as your account is active and for the retention period described in Section 37.
2. Operate the Service with strong technical and organizational protections so that staff and Service Providers do not access your Content except in narrow, audited circumstances. The architecture and limits are described in Section 35.
3. Never use your content to train artificial intelligence or machine learning systems, ours or anyone else's, as set out in Section 7 and Section 29.
4. Honor a documented beneficiary designation according to Section 14.
5. Treat your content as confidential to you, your account, and any people you explicitly invite to your book.
6. Give you meaningful notice before any change to this document that materially affects your rights, as set out in Section 20.

4. Your content and your ownership

You retain all ownership and intellectual property rights in your content. Nothing in this document transfers ownership of your content to Momoir.

5. License you grant to Momoir

In plain English: We do not sell, rent, license, share, or distribute your moments, letters, or photos to anyone, ever. The legal language below describes the narrow permission we need to actually run the Service for you, hold your book safely, print it when you ask us to, and one day deliver it to your designated beneficiary. That is the only reason we need any permission at all.

To operate the Service for you, we need a narrow, defined permission to handle your content. You grant Momoir a non-exclusive, worldwide, royalty-free, revocable license to host, store, copy, transmit, display, format, paginate, render, back up, and, when you request it, print and ship your content, solely for the purpose of providing the Service to you and to anyone you authorize, including your designated beneficiary.

This license is strictly limited to the operation of the Service. It does not allow us to:

• use your content to train any artificial intelligence or machine learning model,
• sell, license, syndicate, or share your content with any party other than the Service Providers strictly necessary to deliver the Service,
• display your content publicly or in any marketing material without your specific, separate, written consent, or
• create derivative works from your content beyond the formatting and pagination needed to render moments, letters, and books.

The license terminates when you delete the relevant content or your account, except for the limited retention described in Section 37 and any backups that are overwritten on a routine cycle.

6. License Momoir grants to you

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service, including any printed book we produce for you, for personal and family use. You may not resell access to the Service, scrape it, reverse engineer it, or use it to build a competing product.

7. The "Never used to train AI" commitment

This is a binding commitment, not a marketing statement. It is reinforced by our internal access policies, our written contracts with every Service Provider, and the auditable controls described in Section 35.

Momoir will not, and will not authorize any third party to:

1. use your content as training data, fine-tuning data, evaluation data, or reinforcement data for any artificial intelligence, machine learning, large language model, image model, voice model, or generative system,
2. allow any Service Provider to retain, log, or repurpose your content for model improvement, even on an aggregated or anonymized basis, or
3. sell, license, or transfer your content to any AI or machine learning company, dataset broker, or research entity.

We require this commitment in writing from every Service Provider that touches your content, including cloud hosts, image stores, print fulfillers, and email vendors. If a Service Provider's standard terms permit training use, we negotiate it out, opt out where the vendor offers an opt-out, or we do not use that Service Provider.

We may use aggregated, fully de-identified usage telemetry, such as the count of letters created in a week, to improve product reliability. Aggregated telemetry does not include the contents of your letters, your photos, or any data that could be linked back to you or your child.

If we ever propose to materially weaken this commitment, we will give you advance notice as a "material change" under Section 20, and we will require your explicit opt-in. Continued silence does not constitute consent to weaken this commitment.

8. People other than you in your content

When you write a letter, you may include the name, image, voice, or story of another person, including your child, your partner, family members, friends, doctors, and teachers.

You represent and warrant that:

1. you have the right to write about and store information about those people for personal and family use,
2. for any photo or audio recording of a person who is not you or your child, you have the necessary permission of that person, or in the case of a child of someone else, the permission of that child's parent or guardian, and
3. you will respect requests from third parties to remove identifiable information about them from your book to the extent applicable law requires it.

If a third party contacts us asking us to remove information about them from your book, we will route the request to you in the first instance. We will only act on the request directly if applicable law requires us to.

9. Acceptable use

You agree not to use the Service to:

• upload content that is unlawful, infringes a third party's rights, or violates a court order,
• upload sexual content involving any minor, including your own child, of any kind, in any form, ever,
• harass, threaten, or abuse another person,
• attempt to access another user's account or content,
• introduce malware, attempt to disrupt the Service, or probe its security without our written authorization,
• scrape, crawl, or extract content from the Service in bulk, or
• impersonate another person.

We may suspend or terminate accounts that violate this section. The first bullet on minors is a zero-tolerance line.

We do not routinely scan or review user content. We may review content in response to a credible report under this Section 9, a valid takedown notice under Section 17, or a lawful order. We cooperate fully with valid law enforcement requests, and we will suspend or terminate any account where there is credible evidence of the conduct prohibited by the zero-tolerance line.

10. Subscriptions and payments

The Service may offer free and paid tiers. Pricing, features per tier, and any free trial details are presented at checkout and are incorporated into this document by reference.

Paid subscriptions are billed in advance on a recurring basis through our payment processor, Stripe, Inc. You authorize us and our payment processor to charge your selected payment method for each billing period until you cancel.

You may cancel a subscription at any time from your account settings. Cancellation stops future renewals. Cancellation does not retroactively refund the current billing period unless this document, your local consumer law, or Section 11 requires it.

If a payment fails, we may suspend paid features until the balance is resolved. We will give you reasonable notice and a chance to update your payment method before any account-level action.

11. Refunds and consumer withdrawal rights

Outside of the rights granted by your local consumer law, digital subscriptions are not refundable for the period in which they have already been used.

We honor mandatory consumer withdrawal rights, including:

• California users: cancellation rights under the California Automatic Renewal Law (Business and Professions Code §§ 17600 et seq.), including clear notice of renewal terms, an easy in-account mechanism to cancel online, and a "click to cancel" path equivalent to the path used to subscribe.
• European Union and United Kingdom users: a 14-day right of withdrawal under applicable consumer protection law, beginning on the day of purchase, except where you have expressly consented to immediate performance of the digital service and acknowledged the loss of that right, in which case the right ends once performance has begun.
• Brazilian users: the 7-day right of regret under article 49 of the Código de Defesa do Consumidor for purchases made remotely.

To exercise a withdrawal right, contact support@momoirapp.com within the applicable window, or use the in-app cancellation flow where available.

12. Refunds, cancellations, and subscription lifecycle

This Section describes Momoir's standard refund and cancellation practice. It sits alongside, and does not displace, the mandatory consumer rights described in Section 11.

12.1 Subscription period

All Momoir paid plans are billed annually unless otherwise stated. Each subscription period begins on the date of the first successful charge (or the end of any applicable trial period) and continues for twelve (12) months, after which it automatically renews unless cancelled.

12.2 14-day refund window

If you are charged for a Momoir subscription and request a refund within fourteen (14) calendar days of that charge, you will receive a full refund of the subscription fee, no questions asked. This 14-day window applies to:

• a new subscriber's first paid year,
• a returning subscriber's first paid year after a lapse of more than ninety (90) days, and
• a subscriber upgrading from one tier to another (the refund applies to the difference in price).

Refunds are issued to the original payment method within five to ten (5 to 10) business days, depending on your bank.

12.3 Cancellations after the 14-day refund window

After the 14-day refund window has passed, refunds are not automatically issued. However, you may cancel your subscription at any time. Upon cancellation:

• your subscription will not renew on its scheduled renewal date,
• you retain full access to Momoir, including all features of your tier, until the end of your current paid period,
• you may export all of your letters, photos, voice notes, and other content as a PDF at any time before your subscription ends, and
• after your subscription ends, your account remains in a read-only state for a grace period of thirty (30) days, after which it follows the deletion policy described in our Privacy Promise.

You are not entitled to a refund of any portion of the subscription fee paid for the unused remainder of the period, unless explicitly described in Section 12.6 below.

12.4 Printed books

Printed physical books ordered through Momoir are non-refundable once production has begun. Production typically begins within twenty-four (24) hours of ordering. If you need to cancel a printed book order, you must do so within that 24-hour window by writing to support@momoirapp.com.

If a printed book arrives damaged, defective, or is lost in transit, Momoir will reprint and reship the book at no additional charge. This replacement guarantee applies for thirty (30) days from the original delivery date.

12.5 Founding Mother subscriptions

Founding Mothers (the first 100 subscribers) receive a full year of Momoir at no charge. This free year is not eligible for a refund because no payment is made during that period.

After the free year ends, the locked Founding Mother rate becomes a standard recurring annual charge subject to the refund terms in Section 12.2. The 14-day refund window applies to each annual renewal at the locked rate.

If a Founding Mother cancels during the free year, no refund is owed, but she retains her Founding Mother status and locked rate if she returns within ninety (90) days of cancellation. After ninety (90) days, she re-enters as a standard subscriber at public pricing.

12.6 Exceptions and hardship

Momoir is built on care, and we recognize that refunds are sometimes warranted outside the standard policy. The following exceptions may apply at the founder's discretion:

• Mistaken purchases: a subscription purchased in error, for example a duplicate signup or a wrong-tier selection, may be refunded if reported within seven (7) days.
• Genuine hardship: a subscriber experiencing financial hardship, medical emergency, or bereavement may request a prorated or full refund regardless of the standard timeline.
• Technical issues: if a technical defect on Momoir's part prevented you from using the service substantially during your subscription period, a partial or full refund may be issued.

Requests under this section must be submitted to anapaula@momoirapp.com with a brief explanation. The founder reviews each request personally and responds within five (5) business days.

12.7 Failed payments and involuntary cancellations

If a renewal charge fails (for example, due to an expired card), Momoir will:

• send an email notification of the failed charge,
• attempt to retry the charge twice over the following ten (10) days,
• after ten days without resolution, place the account in a paused state with full read access and export capability, and
• send a final notice at thirty (30) days, after which the account moves to the deletion grace period described in Section 12.3.

At any point during this process, you may update your payment method and resume the subscription.

12.8 Chargebacks

Initiating a chargeback through your bank or card issuer for a Momoir charge that does not fall under the refund terms of this policy may result in:

• immediate suspension of your Momoir account pending review,
• a reasonable opportunity to provide context and resolve the dispute directly with Momoir, and
• termination of access if the chargeback is determined to be in bad faith.

We strongly encourage all subscribers to contact us directly at support@momoirapp.com before initiating any chargeback. We will work with you to resolve disputes informally and refund where appropriate.

12.9 Pricing changes

Momoir reserves the right to change subscription pricing at any time. Existing subscribers will be notified by email no fewer than thirty (30) days before any price change takes effect, and may cancel before the change applies.

Founding Mothers are exempt from price increases. The locked Founding Mother rate established at the time of signup is honored for the life of the active subscription, even if public pricing rises.

12.10 Method of refund

All refunds, where granted, are issued to the original method of payment. Momoir does not issue refunds as account credits unless explicitly requested and agreed by the subscriber. Currency, foreign exchange fees, and bank processing delays are outside of Momoir's control.

13. Books and physical products

When we print a physical book for you, that book is a custom-manufactured product made to your specifications.

When you place a print order, we format your book into a print-ready file and transmit it to our print fulfillment Service Provider for production and shipping. The print Service Provider is contractually required to use the file only to produce your book and to delete its copy after fulfillment. We do not allow the print Service Provider to use your Content for any other purpose.

Returns and refunds for printed books:

• Defective or damaged books: if a printed book arrives damaged or with a manufacturing defect, contact us at support@momoirapp.com within 30 days of delivery and we will replace it at our cost or refund the purchase price.
• Buyer's remorse on a custom item: because each book is custom-made from your content, we cannot offer a refund for a printed book that is undamaged and matches the proof you approved, except where local consumer law requires otherwise.
• Approval step: before printing, we provide a digital proof. Your approval of the proof confirms that the content, names, layout, and spelling are correct.

14. Beneficiary and handoff feature

Momoir is a life-book product. The handoff feature exists because the book is meant to outlive a moment, and sometimes the writer.

14.1 How designation works

Inside your account settings, you may designate one or more beneficiaries per book. For each beneficiary you provide:

• their full legal name,
• their relationship to you and to the child,
• a current email address,
• optionally, a backup contact method, and
• a written instruction describing whether the beneficiary is to receive the book on your death, on a sustained incapacity, or both.

Your designation is a private record inside your account. Beneficiaries are not notified at the time of designation unless you choose to notify them. You may add, change, or remove a beneficiary at any time, and the most recent designation in your account controls.

14.2 How a handoff is triggered

We honor a handoff in only two circumstances:

1. Verified death. A person presenting themselves as your beneficiary, executor, or close family member submits to us a certified copy of your death certificate, a government-issued photo ID of the requester, and reasonable evidence of their relationship to you. We review the documentation and may request additional verification.
2. Verified sustained incapacity. Where you have designated a beneficiary specifically for the incapacity case, we accept a court order, a power of attorney with appropriate scope, or equivalent documentation under your local law that demonstrates your sustained inability to manage your accounts. We do not act on inactivity alone. Silence is not evidence of incapacity.

We do not run automated dead-man's-switch handoffs. A human at Momoir reviews every handoff request.

14.3 What a successful handoff transfers

On a successful handoff, the verified beneficiary receives, through a new credential issued to their email address:

• read access to all completed letters, moments, and books designated for them,
• the ability to download a digital copy of the book in PDF or equivalent format, and
• the ability to order one or more printed copies of the book at the then-current price.

A handoff does not authorize the beneficiary to write new entries on your behalf. Authorship is closed at the moment of your death or the effective date of incapacity. Any further writing in your book, if we ever permit it, would require a separate, named role such as a guardian-author, which we may introduce in a future version of the Service.

14.4 Disputed handoffs

If we receive conflicting handoff requests, or if a court order, family member, or executor disputes a designation, we may pause the handoff until the dispute is resolved by competent authority. We are not a probate court and we do not adjudicate family disputes.

14.5 Beneficiary's acceptance

When a beneficiary first accesses a transferred book, they are presented with these Terms and the Privacy Policy and are required to accept them as a condition of access. The beneficiary's account is bound by this document going forward.

15. Death and incapacity in the absence of a designated beneficiary

If you have not designated a beneficiary and we receive a credible request from your estate or family on your death:

1. We will not unilaterally release access. Access requires the same evidence described in Section 15.2 plus reasonable proof that the requester is authorized under your local succession law to receive your digital assets.
2. We will preserve your content for at least 24 months from the date we receive notice of your death, to give your family time to organize and to present standing. After 24 months without a successful claim, we may delete the account, except where your local law requires longer retention.
3. We will not deliver any printed book until a claim is verified.

16. Suspension and termination

You may delete your account at any time from settings. Deletion is described in Section 37.

We may suspend or terminate your account if:

• you materially breach this document and have not cured the breach within a reasonable period after notice,
• you violate Section 9, especially the zero-tolerance line,
• your payment fails for an extended period after notice,
• a court or regulator requires us to, or
• we permanently discontinue the Service. In that case, we will give you at least 90 days' notice and a way to export your content as a PDF and a structured archive.

Termination does not affect provisions that by their nature should survive, including Sections 4, 5, 7, 17, 18, 19, 21, and 22.

17. DMCA and intellectual property takedown

If you believe content on the Service infringes your copyright, send a notice to our designated agent that includes:

1. your physical or electronic signature,
2. identification of the copyrighted work claimed to have been infringed,
3. identification of the allegedly infringing material with enough detail for us to locate it,
4. your contact information,
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law, and
6. a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner.

Send notices to: DMCA Agent, Momoir, 131 Carmine, Irvine, CA 92618, email dmca@momoirapp.com.

Our standard response is to forward the notice to the affected user and ask them to remove the material or respond. Where the law requires us to act directly, we will. Affected users may submit a counter-notice that meets the requirements of 17 U.S.C. § 512(g). We maintain a policy of terminating accounts of repeat infringers in appropriate circumstances.

For non-copyright IP claims, including trademark and right-of-publicity claims, contact legal@momoirapp.com with a similar level of detail.

18. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, or that all content will be preserved without loss. We make commercially reasonable efforts to preserve your content, but no system is perfectly reliable. We strongly encourage you to periodically export a copy of your book.

Nothing in this section limits any warranty or right that cannot be lawfully limited under your local consumer protection law.

19. Limitation of liability

To the maximum extent permitted by applicable law, Momoir, its officers, employees, agents, and Service Providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, or data, arising out of or related to your use of the Service.

Our aggregate liability to you for all claims arising out of or related to this document or the Service in any 12-month period is limited to the greater of (a) the amount you actually paid Momoir in that period, or (b) one hundred United States dollars.

This section does not apply to:

• liability for death or personal injury caused by our negligence,
• our gross negligence, willful misconduct, or fraud,
• your statutory consumer protection rights under your local law that cannot be waived (including, for California users, rights under the Consumers Legal Remedies Act and the Song-Beverly Consumer Warranty Act, where applicable), or
• our obligations under Section 7 (the AI training commitment) and Section 29 (the parallel privacy pledge), which we explicitly do not seek to limit.

20. Changes to these Terms

We may update this document. When we do:

• Material changes will be announced at least 30 days before they take effect, by email to your account email address and a prominent in-app notice. Material changes include any change to your content rights under Sections 4 and 5, the AI training commitment in Section 7 and Section 29, the beneficiary process in Section 14, the dispute resolution process in Section 22, or the limitation of liability in Section 19.
• Material changes that weaken the AI training commitment in Section 7 and Section 29 require your explicit opt-in. Continuing to use the Service does not, on its own, constitute consent to weaken that commitment.
• Non-material changes, such as clarifications, typo fixes, and updates to Service Provider lists, take effect when posted, and we update the "Last updated" date at the top.

If you do not agree to a change, you may delete your account before the effective date and export your content under Section 37.

21. Indemnification

You agree to defend, indemnify, and hold harmless Momoir and its officers, employees, and agents from and against any claims, damages, liabilities, and expenses, including reasonable legal fees, arising out of:

• your content, including any third-party rights claims based on your inclusion of another person in your letters,
• your breach of Section 8 or Section 9, or
• your unlawful use of the Service.

This section does not require you to indemnify us against claims caused by our own gross negligence or willful misconduct.

22. Governing law and dispute resolution

This document and any dispute arising out of or related to it are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a formal claim, you agree to contact us in writing at legal@momoirapp.com and give us 30 days to resolve the dispute informally.

If the dispute is not resolved informally:

• Users in the United States: any dispute will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, in Orange County, California. The arbitrator may award the same individual remedies a court could. Class actions, class arbitrations, and representative actions are waived to the extent permitted by law (consistent with the Federal Arbitration Act and McGill v. Citibank, N.A. (2017) 2 Cal.5th 945, which preserves your right to seek public injunctive relief in court). You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@momoirapp.com with the subject line "Arbitration Opt-Out." Small-claims court in Orange County, California is available as an alternative.
• Users in the European Union, United Kingdom, and EEA: nothing in this section affects your right to bring a claim in the courts of your country of residence under mandatory consumer protection law. You may also access the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
• Users in Brazil: nothing in this section affects your rights under the Código de Defesa do Consumidor. You may bring a claim in the foro of your domicile. The processes set out by Procon and consumer.gov.br remain available to you.
• Users elsewhere: courts of the State of California have non-exclusive jurisdiction, without prejudice to mandatory rights at your place of residence.

23. Children's data

Momoir is for adult parents and guardians. Nothing in our marketing or product is directed at children. We do not knowingly accept account registrations from anyone under 18.

Letters in Momoir are written about and to a child, but the author is the adult account holder. The child does not interact with Momoir until and unless the book is delivered to them, typically as adults receiving a printed book from a parent.

We treat photos and identifiable information about children as sensitive personal information and apply heightened protections in line with Section 32, including encryption at rest, restricted internal access on a need-to-know basis, audit logging, and strict Service Provider obligations. We do not market to children. We do not advertise. We do not profile children.

If we learn that we have collected personal information directly from a child under 13 (United States, COPPA), under 16 (European Union, GDPR with member-state variations), or under any equivalent age in your local law, we will delete that information and terminate the offending account.

24. Trademarks

"Momoir" and the Momoir wax-seal mark are trademarks of Momoir LLC. You may not use them without our prior written consent. Nothing in this document grants you a license to our trademarks.

25. Assignment

You may not assign this document without our prior written consent, except through the beneficiary process in Section 14. We may assign this document to a successor in connection with a merger, acquisition, or sale of substantially all our assets, on the condition that the successor is bound by Sections 4, 5, 7, 14, and 29 in full. If a successor would not be willing to be bound by those sections, the assignment is void and we will give you a chance to delete your account and export your content.

26. Force majeure

Neither party is liable for failure to perform due to causes beyond reasonable control, including natural disasters, pandemics, war, civil unrest, internet outages, and government action.

27. Severability and entire agreement

If a provision of this document is found unenforceable, the remainder of the document remains in effect, and the unenforceable provision is reformed to the minimum extent needed to make it enforceable.

This document, together with any policies referenced in it, is the entire agreement between you and Momoir regarding the Service and supersedes any prior agreement.

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Part II: Privacy Policy

The same defined terms used in Part I are used in Part II.

28. Who is the controller of your data

Momoir LLC, at 131 Carmine, Irvine, CA 92618, is the controller of your personal data under GDPR, the business under CCPA, and the controller under LGPD. Our data protection contact is dpo@momoirapp.com.

For users in the European Union and the United Kingdom, we will appoint a representative under Article 27 GDPR (and the UK GDPR equivalent) before we begin actively offering the Service in those regions. Until then, EU and UK users may contact us at dpo@momoirapp.com. For users in Brazil, our Encarregado (DPO) under LGPD is reachable at dpo@momoirapp.com; we will publish the named individual once the Service is actively offered in Brazil.

29. The "Never used to train AI" pledge, restated as a privacy commitment

We will not process your content for the purpose of training, fine-tuning, evaluating, or improving any artificial intelligence or machine learning system, ours or any third party's. This is a privacy purpose limitation in addition to the contractual commitment in Section 7. It is reinforced by our internal access policies, our written contracts with every Service Provider, and the auditable controls described in Section 35.

This pledge applies to:

• the text of your moments and letters,
• your photos and any audio recordings,
• the metadata that links those to a child or a date,
• the content of any printed book we produce.

We do not authorize Service Providers to do so on our behalf. Where a Service Provider's default contract permits AI training use, we opt out, contractually exclude it, or do not engage that Service Provider.

This pledge cannot be weakened without your explicit opt-in, as set out in Section 20.

30. What we collect

We collect the minimum data needed to operate Momoir.

• Account data: name, email address, country, language preference, password hash, and account preferences. Used to authenticate you and to email you.
• Content data: the text of your moments and letters, photos, optional audio recordings, the names and birthdates of the children you write to, and the metadata that organizes those items into a book. Stored on our servers, encrypted in transit and at rest, and accessed only as described in Section 35.
• Beneficiary data: the names, relationships, and email addresses of any beneficiaries you designate.
• Payment data: limited billing information needed to process your purchases. Card numbers and bank credentials are handled by Stripe, Inc. and never stored on Momoir servers.
• Device and log data: IP address, device type, operating system, app version, crash reports, and timestamps. We use this for security and reliability.
• Aggregated usage telemetry: counts and frequencies that do not include the content of your letters or any data that can identify you or your child.

We do not collect precise geolocation, contact lists, microphone or camera streams beyond what you upload, or browsing history outside the Service.

31. How we use your data and our legal bases

We process your data for these purposes, on the legal bases below.

Purpose	Legal basis under GDPR / LGPD
Provide and operate the Service, including storing your moments and letters and producing your book	Performance of a contract with you (GDPR Art. 6(1)(b); LGPD Art. 7, II)
Authenticate your account and prevent fraud	Legitimate interests (GDPR Art. 6(1)(f); LGPD Art. 7, IX)
Process payments	Performance of a contract; legal obligation for tax records
Send you transactional messages, including beneficiary verification	Performance of a contract
Send you product updates and tips	Consent (GDPR Art. 6(1)(a); LGPD Art. 7, I), which you can withdraw at any time
Comply with law, respond to lawful requests, defend our rights	Legal obligation; legitimate interests
Improve reliability and stability through aggregated, de-identified telemetry	Legitimate interests, with safeguards
Honor a verified beneficiary handoff by transferring access to your book	Performance of a contract; in some jurisdictions, your post-mortem instruction

We do not process your content for behavioral advertising. We do not run targeted ads inside Momoir.

32. Sensitive data

Photos and stories about children are treated as sensitive personal information. We apply additional safeguards: encryption in transit and at rest, restricted internal access on the principle of least privilege, audit logging for any access by Momoir personnel to systems holding plaintext Content, and strict Service Provider obligations. We do not use sensitive data for any purpose beyond what Section 31 describes.

33. Sharing

We share data with:

• Service Providers that host, store, transmit, and (when you order one) print your content. Service Providers are bound by written contracts that mirror our commitments to you, including the no-AI-training pledge, encryption-at-rest requirements, and access-control obligations. Print Service Providers receive only a print-ready file you authorized for fulfillment, and are contractually required to delete it after fulfillment, as set out in Section 13.
• payment processors to process your purchases,
• authorities and courts when we are required by valid legal process. Section 34a describes how we respond,
• a successor entity in the case of a merger, acquisition, or sale, on the condition that the successor accepts Sections 4, 5, 7, 14, and 29 in full,
• your designated beneficiary, only after a verified handoff under Section 14, and
• people you explicitly invite to your book, with the access level you choose.

We do not sell your personal information. We do not share your personal information with advertisers, data brokers, or AI training companies.

34. International transfers

Momoir operates globally. Your data may be transferred to and stored in countries other than your own, including the United States and the European Union, depending on the location of our infrastructure and Service Providers.

For transfers out of the European Economic Area, the United Kingdom, or Switzerland, we rely on:

• the European Commission's Standard Contractual Clauses, the UK International Data Transfer Addendum, or the Swiss equivalents, and
• supplementary technical measures including encryption in transit (TLS), encryption at rest (AES-256), and access controls on the principle of least privilege.

For transfers out of Brazil, we rely on the safeguards permitted under article 33 of LGPD, including standard contractual clauses approved by the ANPD where applicable.

You may request a copy of the relevant transfer mechanism at dpo@momoirapp.com.

34a. Lawful process and how we respond

If we receive a subpoena, court order, or other valid legal process, we will respond in compliance with applicable law and we will narrowly limit our response to what the law requires.

We may produce, in response to lawful process and only to the extent legally compelled:

• account information you provided to us, such as name and email address,
• payment metadata,
• access logs and timestamps, and
• the content of your moments, letters, photos, and audio recordings.

We do not voluntarily provide user content to any third party. Where the law allows, we will notify you of a request for your data before responding, so you have an opportunity to challenge it in court. We will resist overbroad requests, requests that lack proper jurisdiction, and any request that asks us to act beyond what valid process compels.

35. Storage and security

We protect your data with:

• Encryption in transit (TLS 1.2 or higher) for all communications between your device and the Service.
• Encryption at rest (AES-256) for all stored Content and metadata, including backups.
• Access controls on the principle of least privilege. Only authorized Momoir personnel with a documented business need can access systems holding user Content. Every such access is logged and is subject to internal audit.
• An internal access policy that Momoir staff do not read user Content except in three narrow, audited circumstances: (a) a security incident response, (b) at your explicit written request through a support ticket, or (c) under valid lawful process per Section 34a.
• Vendor security review before onboarding any new Service Provider, and ongoing contractual obligations on every Service Provider that mirror this Section 35, the no-AI-training pledge in Section 7, and the privacy commitment in Section 29.
• Regular backups of your Content and metadata, with backups held no longer than 30 days.
• Crash reports and operational logs are scrubbed of plaintext Content where reasonably feasible, and are retained only as long as needed to resolve the underlying incident.

If you forget your password, you may reset it through the standard password reset flow. We do not require you to manage a recovery phrase or recovery key.

No system is perfectly secure. If a breach affecting your personal data occurs, we will notify you and the relevant supervisory authorities within the timeframes required by GDPR (72 hours), LGPD ("reasonable time"), and applicable US state laws including the California breach-notification statute (Cal. Civ. Code § 1798.82).

36. Your rights under GDPR, CCPA, and LGPD

We honor the rights below to the extent applicable to you.

36.1 GDPR (EU and EEA users)

You have the right to:

• access your personal data and receive a copy,
• request correction of inaccurate data,
• request erasure of your data, subject to our retention obligations and Section 15 in the event of your death,
• restrict or object to processing,
• data portability for data you provided, in a structured, commonly used, machine-readable format,
• not be subject to a decision based solely on automated processing that produces legal or similarly significant effects (we do not run such processes), and
• lodge a complaint with your local supervisory authority.

You may withdraw consent at any time where consent is the legal basis. Withdrawal does not affect the lawfulness of processing before the withdrawal.

36.2 CCPA / CPRA (California users)

As a California-based business, we are subject to the California Consumer Privacy Act as amended by the California Privacy Rights Act. You have the right to:

• know what personal information we collect, use, and disclose,
• request deletion,
• correct inaccurate personal information,
• opt out of "sale" or "sharing" of personal information, although we do not sell or share for cross-context behavioral advertising,
• limit the use of sensitive personal information beyond purposes permitted by law, and
• not be discriminated against for exercising any of these rights.

To exercise these rights, contact privacy@momoirapp.com or use the in-app privacy controls. You may designate an authorized agent. We verify your identity through the email on file and reasonable additional checks for sensitive requests.

We do not sell or share personal information for cross-context behavioral advertising. There is no "Do Not Sell or Share My Personal Information" sale to opt out of, but the link is provided where required by California law.

Notice of financial incentive (Cal. Civ. Code § 1798.125(b)): we do not offer any financial incentive in exchange for personal information.

Shine the Light (Cal. Civ. Code § 1798.83): California residents may request information about disclosures of personal information to third parties for direct marketing purposes. Because we do not share personal information for direct marketing purposes, our response will reflect that.

36.3 LGPD (Brazilian users)

You have the right to:

• confirmation of processing,
• access to your data,
• correction of incomplete, inaccurate, or outdated data,
• anonymization, blocking, or deletion of unnecessary or excessive data,
• portability,
• deletion of data processed on the basis of consent,
• information about public and private entities with whom we shared your data,
• information about the possibility of refusing consent and the consequences,
• revocation of consent, and
• review of decisions taken solely based on automated processing that affects your interests (we do not run such processes).

To exercise these rights, contact our Encarregado at dpo@momoirapp.com. You may also lodge a complaint with the Autoridade Nacional de Proteção de Dados (ANPD).

36.4 How to make a request

Email privacy@momoirapp.com from the address on file, or use the in-app privacy controls. We respond within 30 days for GDPR and LGPD requests, within 45 days for CCPA requests, with a one-time extension where the law permits and where the request is complex.

37. Retention and deletion

We retain your content for as long as your account is active and for the post-deletion windows below.

• You delete a single moment or letter: removed from your active book immediately, removed from backups within 30 days.
• You delete your account: your Content is removed from active systems within 30 days, from backups within 30 days, except where a longer retention is required by law (for example, tax records for completed purchases). Metadata retained for legal or fraud-prevention purposes is retained only for the period required.
• Your account becomes inactive without designation of a beneficiary and we receive notice of your death: your Content is preserved frozen for at least 24 months under Section 15.
• Your account is suspended for cause under Section 16: we retain access logs and the minimum data needed to defend the suspension for the period required by law.

We do not "soft-keep" your data after deletion for marketing or analytics use.

38. Cookies and similar technologies

We use a small number of strictly necessary cookies for authentication and reliability. Where we use any non-essential analytics that involves a cookie or similar identifier, we ask for your consent through a banner that complies with the ePrivacy Directive in the EU/UK and equivalent law where applicable. You can withdraw consent at any time from settings.

39. Death and incapacity in the privacy context

The privacy regimes treat post-mortem rights differently. We apply the following floor regardless of jurisdiction:

• We do not delete a deceased user's account on the request of a third party without verified evidence of death and verified standing of the requester.
• We follow your in-app beneficiary designation as a documented post-mortem instruction. This is intended to align with article 85 GDPR (member-state law on deceased persons), the LGPD's silence on post-mortem data being filled by your express instruction, and US state digital-assets statutes such as the California Revised Uniform Fiduciary Access to Digital Assets Act (Cal. Prob. Code §§ 870–884; "RUFADAA").
• For French users, we honor specific instructions you give us about your data after your death, in line with article 85 of the loi Informatique et Libertés.

40. Changes to this Privacy Policy

We follow the change-management process in Section 20. The AI-training pledge in Section 29 cannot be weakened without your explicit opt-in.

41. Contact

• General: support@momoirapp.com
• Privacy and data rights: privacy@momoirapp.com
• Data Protection Officer / Encarregado: dpo@momoirapp.com
• DMCA: dmca@momoirapp.com
• Legal: legal@momoirapp.com
• Mailing address: Momoir LLC, 131 Carmine, Irvine, CA 92618