Terms of Use

Last Updated: Oct 2023

“MOMENT” is an online cooking coaching service ("Service") operated by Moment LLC ("Company").

These terms and conditions ("Terms") apply to all interactions between the Company and users of the Service (“Users”).

Users shall agree to these Terms, MOMENT's dedicated message app terms ("App"), guidance sent via email, and any other applicable terms and conditions, such as those of web browsers used when recording and sending videos.

The Company may revise these Terms without prior notice to Users and amended Terms shall take precedence over any previous Terms.

Service

Users shall submit a recording using the Tracker that includes both a video recording of the cooking and an audio voiceover. The User voiceover (“User Voiceover”) shall include: (i) rating of the dish; (ii) description of dish; (iii) moments of doubt during cooking process; and (iv) specific questions for their cooking coach (“Coach”).

In response to the User Voiceover, the Coach shall record their response and send it to the User (“Coach Voiceover”).

User registration

Those who wish to become a User of this Service shall apply in accordance with the method specified by the Company, and shall become a User when the necessary payment is completed at the time of application.

If you are a minor and wish to become a member, please obtain the consent of your parent or guardian.

Handling of personal information

We will handle the personal information of our Users appropriately in accordance with our privacy policy found here. https://getmoment.today/privacy-policy

Intellectual property rights

All intellectual property rights in the Service and all materials on our App, including design, graphics, text, pictures, software, other files and the selection and arrangement thereof (collectively, “Materials”) are owned by us and/or our licensors.

We give you permission to use the Materials to the extent, and only to the extent, necessary to access and use the Service for your personal, non-commercial use in accordance with these Terms. All other rights are expressly reserved.

The cooking tracker

In order to participate in this Service, a dedicated cooking tracker ("Tracker") that records and sends cooking videos is required. Please return the Tracker when you leave the Service.

Trackers are lent to Users and remain the property of the Company. A deposit of £180 will be required to be paid by the User to the Company in respect of the Tracker (”Tracker Deposit”) and this Tracker Deposit will be returned to the User upon safe receipt by the Company of the Tracker. Users are responsible for handling Trackers lent by the Company with reasonable care.

Users shall receive one Tracker per person, and may not share it with other Users for use by multiple people or allow a third party to use it.

If the Tracker malfunctions, we will replace it at our expense.

We will bear all shipping costs for sending and collecting Trackers. When collecting the Tracker, the User is responsible for packaging the Tracker at their own expense. If the return packaging is manifestly inappropriate and the returned Tracker is found to be damaged, we may charge you for the cost of repair or replacement at our sole discretion.

User fees

This Service is a monthly paid service with the fees notified to you in advance (“Fees”).

The User shall pay the Fees for the Service by credit card payment or other method specified by the Company.

Users pay the first instalment of Fees at the time of application and the second 30 days after the Tracker has been installed and the first coaching session completed. After that, the Fees will be paid on the same day every month.

The minimum usage period for this service is 2 months (“Minimum Term”).

Suspension

After the Minimum Term, Users can suspend access to the Services for 1 or 2 months (“Suspension Period”) by giving at least 10 working days notice before the next payment date. Any extensions of this Suspension Period are at the Company’s sole discretion and can be requested by contacting Customer Services in the App.

Termination by User

You have the right to change your mind and receive a full refund within fourteen (14) days of User registration, by contacting us via the App. Following that fourteen (14) day period, Users can terminate this Service via the App and termination will be completed after the Tracker has been collected.

If you request Termination at least 5 days before the next payment date, no further payments will be due.

After applying for termination, we will arrange for the collection of the Tracker.

Prohibited Acts and Termination of Service by Company

If the Company determines that a prohibited act has occurred, or if the Company determines that a User has violated the Terms, the Company may request the User to correct the violation or temporarily suspend the use of the Service. Necessary measures may be taken, such as account suspension and cancellation. Prohibited acts include:

  • Posting inappropriate comments within the App

  • Sharing of accounts / passwords

  • Providing false User information

  • Acts that infringe or may infringe intellectual property rights such as copyrights and trademark rights of the Company, other users or other third parties

  • Acts that do or may infringe on the privacy of other Users or third parties

  • Acts in which one person operates multiple User accounts (unless specifically permitted by the Company) or acts in which multiple people operate a single User account

  • Act of registering as a User that has been suspended or cancelled previously

  • Acts that discriminate against or slander others, or damage the honour or credibility of others

  • Acts of falsifying or erasing the accessible content or information of the Service or the content or information of others

  • Acts of impersonating the Company or others (including acts of manipulating email headers, etc., in order to impersonate others)

  • Sending harmful computer programs, etc., or making them available for others to receive

  • Acts of sending advertising, publicity, chain and solicitation messages (including e-mail) to others

  • Acts that disrupt servers or other infrastructure related to the Service

  • Acts of duplicating, modifying, altering, reverse engineering, disassembling, decompiling software related to the Service

  • Acts of obtaining the User information of others without obtaining the consent of the individual or by fraudulent means (including so-called phishing and similar means)

  • Acts of using all or part of the Service for commercial purposes

  • In addition to the above items, acts that violate laws and regulations or these Terms (including guidelines separately established by the Company), or acts that violate public order and morals (sending information or images that may encourage or induce violence)

  • Other acts that the Company deems inappropriate

Disclaimer

In principle, the Coach Voiceover will be given by 10am in the User’s local time zone 2 days after the User has posted their User Voiceover, but it may not be sent within the planned time due to the circumstances of the coach. Please note that there is no requirement on the Coach to respond to text messages sent via the App.

We cannot provide refunds due to this event. If you wish to change the coach, please contact Customer Services via the App.

If the Tracker is damaged due to the fall of the Tracker from its recommended installation position, it will be replaced at the expense of the Company. If you feel that the Tracker is not properly attached, please contact Customer Services.

Regarding the account history of Users after termination (videos recorded by Trackers, videos recorded by Users, videos sent by coaches to Users, chat history, etc.), the Company will permanently retain them but there is no guarantee that if you rejoin the Service you will be able to reinstate this history.

Users shall arrange and maintain, at their own expense and responsibility, the communication equipment, software, and all other equipment necessary to use the Service.

Users are responsible for their own expenses and responsibilities for the ingredients, cooking utensils, and other items necessary for cooking in order to use this Service, and the equipment required for the kitchen environment other than those sent by the Company when installing the camera.

Limitation of Liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. Users agree that the Company shall not be liable for damages in the unlikely event that they suffer damages as a result of the Service, except in cases of intentional or gross negligence on the part of the Company. The Company shall be liable for direct damages only up to a maximum of the Fees actually paid by the User.

Deletion of messages

This Service accepts messages from Users on the App, but if a message, image, etc. that may fall under any of the following items is found, the message or image may be deleted. However, we are not obligated to monitor and delete such messages:

  • Anything that slanders or offends others, including coaches and facilitators

  • Things that are extremely unrelated to the purpose of this Service

  • Content that the Company deems inappropriate, such as interfering with the operation of the Service

Temporary interruption of this Service

The Company may suspend the implementation of the Service for the following reasons, with or without prior notice to Users. In addition, the Company shall not be liable for any disadvantages or damages suffered by Users due to suspension of this Service:

  • When performing system maintenance, inspection, or repair

  • When performing maintenance and inspection of equipment for operation of this Service

  • When there is a problem with the system equipment

  • During vacation periods, including year-end and New Year holidays

  • When it becomes impossible to provide this Service due to natural disasters, wars, turmoil, labour disputes, etc.

  • When the Company determines that it is necessary to suspend the implementation of this service due to operational or technical reasons.

Contact

Users, when contacting us, shall first contact Customer Services through the App.

The Company shall contact Users by in-app message, e-mail, telephone, SMS, etc. Please note that the Company will not be held responsible for any issues that may arise if the contact information provided by the User is inaccurate.

Transfer of Rights and Obligations

Users shall not transfer, lend, or pledge any rights or obligations based on their status under these Terms to a third party without the Company's prior written consent.

The Company may transfer the business related to the Service to a third party due to a merger, business transfer, or other reasons, in the Company’s sole discretion.

Severability

Even if some of the provisions of these Terms are deemed invalid based on laws and regulations, other provisions of these Terms shall remain valid.

Even if a part of the provision of this agreement is invalid or cancelled in relation to a User, this agreement shall remain valid in relation to other Users.

Third party rights

The parties intend that no person who is not party to these terms shall have any right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of these Terms of Service. No consent of any third party is required to vary these terms.

Governing Law and Jurisdiction

This agreement shall be governed by and interpreted in accordance with the laws of England & Wales. In addition, in the event of a lawsuit between the Company and a User regarding this agreement, the courts of England & Wales shall have exclusive jurisdiction.