Welcome to Today's Little Moments. These Terms of Service ("Terms") constitute a legally binding agreement between you and Today's Little Moments ("Company," "we," "us," or "our") governing your access to and use of the Today's Little Moments web application and all related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.
You must be at least 18 years of age to use the Services. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
You are responsible for providing accurate account information and for maintaining the confidentiality of your account credentials. You agree to notify us immediately at support@todayslittlemoments.com of any unauthorized use of your account.
Access to our Services may require payment or be granted on a promotional basis. The specific terms, features, and pricing of each Service Plan are described on our website's pricing page.
4.1 Promotional Access. We may, at our sole discretion, offer certain users promotional or "free" access to premium Service Plans. Such access is granted subject to these Terms and may be revoked or modified at any time. By accepting promotional access, you agree that we may log the transaction for our records as described in our Privacy Policy.
4.2 Paid Plans. If you purchase a Service Plan, you agree to pay all applicable fees. All payments are processed by our third-party payment processor, Stripe. Payments are non-refundable except as required by law.
4.3 Price Changes. We reserve the right to change our prices. For subscription-based plans, we will provide at least 30 days' notice of any price changes.
5.1 You Own Your Content. You retain all ownership rights to your User Content. We do not claim any ownership over your recordings, photos, or the personal stories you provide.
5.2 License to Us. To provide the Services, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, and create derivative works from your User Content. This license is solely for the purpose of operating, providing, and improving the Services for you (e.g., generating your stories, displaying your photos, or providing you with AI-powered suggestions). This license also extends to our third-party service providers, including AI partners like Google Gemini and ElevenLabs, who may use your User Content in accordance with their own terms and privacy policies, which may include use for improving their services. This license terminates when you delete your User Content or your account.
5.3 Ownership of AI-Generated Content. You own the AI-Generated Content (e.g., the specific story drafts) created from your User Content. You are free to use this content for any personal or commercial purpose. We retain all ownership rights in and to the underlying AI models, algorithms, and technology used to generate the content.
5.4 Public Sharing. The Services may allow you to make certain stories public via a shareable link. If you choose to do so, you are solely responsible for that content. By making content public, you grant everyone who has the link a worldwide, non-exclusive, royalty-free license to access, view, and share that content.
5.5 Your Responsibilities. You represent and warrant that: (i) you own or have all necessary rights to your User Content; (ii) your User Content does not violate any third-party rights (including intellectual property, privacy, or publicity rights); and (iii) you have obtained all necessary consents from any individuals depicted or mentioned in your User Content.
You agree not to use the Services to:
Excluding your User Content and your AI-Generated Content, the Services and all materials therein, including the Today's Little Moments name, logo, software, and AI technology, are the exclusive property of Today's Little Moments and its licensors. We grant you a limited, non-exclusive, revocable license to use the Services in accordance with these Terms.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
AI-Generated Content is provided for informational and creative purposes only. We make no warranties regarding the factuality, accuracy, completeness, or appropriateness of any AI-Generated Content. You are solely responsible for reviewing, editing, and validating any AI-Generated Content before use or reliance.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TODAY'S LITTLE MOMENTS AND ITS AFFILIATES, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OF THE SERVICES; (B) ANY ERRORS OR INACCURACIES IN AI-GENERATED CONTENT; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS; OR (D) ANY USER CONTENT.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS PRIOR TO THE CLAIM.
You agree to defend, indemnify, and hold harmless Today's Little Moments from and against any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your User Content, including any content you share publicly, (b) your use of the Services, or (c) your violation of these Terms.
You may terminate your account at any time by contacting us at support@todayslittlemoments.com. We may terminate or suspend your account at any time for any reason, including for a breach of these Terms. Upon termination, your right to use the Services will cease, and we will delete your data in accordance with our Privacy Policy. Provisions that by their nature should survive termination (including ownership, disclaimers, indemnity, and liability limitations) shall survive.
We reserve the right to modify these Terms at any time. If we make a material change, we will provide at least 30 days' notice. By continuing to use the Services after changes become effective, you agree to be bound by the revised Terms.
These Terms shall be governed by the laws of the State of California. Any legal action shall be instituted exclusively in the federal or state courts located in San Francisco, California. YOU AND TODAY'S LITTLE MOMENTS AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
For questions about these Terms, please contact us at support@todayslittlemoments.com. For support inquiries, please contact support@todayslittlemoments.com.