Terms & Conditions

Acceptance of terms

These Terms & Conditions ("Terms") govern your access to and use of the TinyMoments application ("App") and website ("Service"), operated by DEME Digital ("we", "us", or "our").

By registering for an account, downloading the App, or otherwise using the Service, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you must not use the Service.

Who we are

DEME Digital (VAT BE1037765089) is a company registered in Belgium and is the operator of TinyMoments.

Contact: hello@tinymoments.io

Eligibility & accounts

Age requirement

You must be at least 16 years old to create an account on TinyMoments. By registering, you confirm that you meet this requirement. We reserve the right to close accounts that we discover belong to users under 16.

Account responsibility

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at hello@tinymoments.io if you suspect unauthorised access.

Accurate information

You agree to provide accurate and complete information when registering and to keep this information up to date.

The service

TinyMoments is a private family album application that allows users to capture and share photos, videos, milestones, and memorable quotes within a private, invitation-only family group. The Service is available as a native app on iOS and Android, and as a web application.

Free tier

Core features of TinyMoments are provided free of charge. We reserve the right to introduce, modify, or remove free features at any time with reasonable notice.

Service availability

We aim to keep TinyMoments available at all times, but we do not guarantee uninterrupted access. Maintenance, updates, or circumstances beyond our control may occasionally cause downtime. We will endeavour to provide advance notice of planned maintenance where possible.

Updates

We may update, modify, or discontinue features of the Service at any time. We will always try to communicate significant changes in advance.

Your content

You own your content

All photos, videos, captions, milestone data, quotes, and other material you upload or create in TinyMoments ("Your Content") remains yours. We claim no ownership over Your Content.

Licence you grant us

By uploading content to TinyMoments, you grant DEME Digital a limited, non-exclusive, royalty-free licence to store, process, and display Your Content solely for the purpose of operating and delivering the Service to you and your invited family members. This licence ends when you delete the content or close your account.

We will never use Your Content for advertising, marketing, or machine-learning training purposes.

Your responsibility

You are solely responsible for the content you upload. You confirm that:

• You have the right to upload and share the content.
• The content does not infringe any third-party intellectual property, privacy, or other rights.
• The content complies with these Terms and applicable law.

Content shared with family members

Content you add to a family group is visible to all members of that group. You acknowledge that once shared with family members, they may have viewed, saved, or downloaded the content before you delete it.

Acceptable use

You agree not to use TinyMoments to:

• Upload, share, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, or obscene.
• Upload content that sexualises or exploits minors in any way.
• Infringe the intellectual property, privacy, or other rights of any third party.
• Attempt to gain unauthorised access to other accounts, family groups, or our infrastructure.
• Introduce malware, viruses, or other harmful code.
• Scrape, copy, or redistribute any part of the Service without our written permission.
• Use the Service for any commercial purpose other than as explicitly permitted.
• Circumvent or attempt to circumvent any technical measures we use to enforce these Terms.

We reserve the right to remove content and/or suspend or terminate accounts that violate this section, without prior notice, where the severity of the violation warrants it.

Premium subscription

What is included

TinyMoments offers an optional premium subscription that unlocks additional features such as extended storage, high quality photos/videos, and future premium capabilities. The current feature set for each plan is described in the App at the time of purchase.

Billing

Premium subscriptions may be purchased through one or more of the following channels: our website (processed by Mollie B.V.), the Apple App Store, or Google Play. The billing terms, currency, and renewal schedule applicable to your purchase are determined by the channel through which you subscribe.

Subscriptions are billed on a recurring basis (monthly or annually) and renew automatically at the end of each billing period unless you cancel before the renewal date. The price applicable at the time you subscribe will be shown clearly before you confirm your purchase.

Price changes

We may change subscription prices at any time. We will give you at least 30 days' notice of any price increase before it affects your existing subscription, and you may cancel before the new price takes effect.

Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period — you retain access to premium features until then. To cancel:

• Web / Mollie subscriptions: via the account settings in the app or by emailing hello@tinymoments.io.
• App Store subscriptions: via your Apple ID subscription settings.
• Google Play subscriptions: via the Google Play subscriptions page.

Refunds

Refund eligibility depends on the channel through which you purchased:

• Web / Mollie: If you are an EU consumer, you have a 14-day right of withdrawal from the date of your first purchase, provided you have not accessed the premium features. Once premium features have been used, the right of withdrawal does not apply as per Article 16(m) of Directive 2011/83/EU. Outside of this, refunds are at our discretion.
• App Store / Google Play: Refunds are governed by Apple's or Google's own refund policies respectively.

Failed payments

If a payment fails, we will retry and notify you. If payment cannot be collected, your subscription will be downgraded to the free tier at the end of the current period.

Intellectual property

All elements of the TinyMoments Service — including but not limited to the software, app design, user interface, logos, icons, text, and trade marks — are the property of DEME Digital or its licensors and are protected by copyright and other intellectual property laws.

You are granted a limited, non-transferable, revocable licence to use the Service for its intended personal, non-commercial purpose. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service without our prior written consent.

Disclaimer & limitation of liability

Service provided "as is"

The Service is provided on an "as is" and "as available" basis. To the extent permitted by Belgian and EU law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, uninterrupted, or free of viruses or other harmful components.

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages — including lost data, lost profits, or loss of goodwill — arising from your use of or inability to use the Service.

No guarantee of data preservation

While we take great care to protect your data, we strongly encourage you to download and back up memories you consider irreplaceable. We are not liable for loss of data resulting from circumstances beyond our reasonable control, including infrastructure failures, cyberattacks, or force majeure events.

Limitation of liability

To the maximum extent permitted by applicable law, DEME Digital's total liability to you for any claim arising from these Terms or your use of the Service shall not exceed the amount you paid to us in the 12 months preceding the claim, or €50 — whichever is greater.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under Belgian or EU consumer law.

Security incidents

In the event of a security incident that affects your personal data, we will notify you in accordance with applicable law and take reasonable steps to mitigate any harm.

Third-party links and services

The Service may contain links to third-party websites or services. We are not responsible for the content or privacy practices of those third parties.

Termination

By you

You may stop using TinyMoments and delete your account at any time via the app settings. Account deletion is permanent and will remove your personal data in accordance with our Privacy Policy.

By us

We reserve the right to suspend or terminate your account if you breach these Terms, engage in behaviour that endangers other users or the integrity of the Service, or for any other reason with reasonable notice — except where the violation is serious (e.g. illegal content), in which case we may act immediately.

If we decide to shut down the Service entirely, we will give you at least 90 days' notice and provide a reasonable means to export your content.

Effect of termination

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including intellectual property, limitation of liability, and governing law) will continue to apply.

Indemnity

You agree to defend, indemnify, and hold harmless DEME Digital and its officers, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• your use of or access to the Service;
• your violation of these Terms;
• your violation of any applicable law or the rights of a third party; or
• any content you upload or share through the Service.

This indemnity obligation does not apply to the extent that a claim arises from our own negligence or wilful misconduct.

Changes to these terms

We may update these Terms from time to time. When we make material changes, we will notify you in the app and update the "Last updated" date at the top of this page, providing at least 14 days' notice before the changes take effect.

Continued use of TinyMoments after the effective date of updated Terms constitutes your acceptance of those Terms. If you do not accept the changes, you must stop using the Service and may delete your account.

Governing law

These Terms are governed by and construed in accordance with the laws of Belgium, without regard to conflict of law principles.

If you are a consumer resident in the EU, you also benefit from any mandatory consumer protection provisions of the law of your country of residence that cannot be derogated from by agreement.

Any dispute arising from or relating to these Terms that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the Belgian courts. EU consumers may also use the European Commission's Online Dispute Resolution platform: ec.europa.eu/consumers/odr.

Contact

If you have any questions about these Terms, please contact us:

DEME Digital (TinyMoments)
VAT: BE1037765089
Email: hello@tinymoments.io