Terms of Service

MOMNTLY

Effective Date: February 27, 2026

1. Acceptance of Terms

By accessing or using Momntly, including the guest web application, iOS application, WordPress plugin, companion desktop application, or any related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

Momntly is owned and operated by Jared Darter (“Company,” “we,” “us,” or “our”). The Service is provided to event professionals (“DJs” or “Operators”) and their event guests (“Guests”).

2. Description of Service

Momntly is an interactive event management platform that enables real-time engagement between DJs and event attendees. The Service includes the following features, which may be enabled or disabled by the Operator on a per-event basis:

Song request submission and management
Live now-playing display synchronized with DJ software
Photo gallery with guest uploads
Guest notes and dedications
Audio guestbook voice recordings
QR code-based event access
DJ announcements and broadcast messages
Testimonials and event feedback

3. User Accounts and Authentication

3.1 DJ/Operator Accounts

Operators access the Service through DJ user accounts created within the WordPress administration panel. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

3.2 Guest Access

Guests access the Service by scanning a QR code or entering an event code. Guests may be required to provide a display name to participate. Guest access is limited to the specific event and its enabled features. No formal account creation is required for Guests.

3.3 Event Passwords

Operators may set event passwords to restrict access. Guests must enter the correct password to view password-protected events. It is the Operator’s responsibility to distribute event passwords securely.

4. Privacy and Data Collection

4.1 Data We Collect

When using the Service, the following data may be collected:

Display names provided by Guests
Song request details (song title, artist, requester name)
Text messages and notes submitted by Guests
Photos uploaded by Guests
Audio voice recordings submitted by Guests
Testimonials and ratings
Event metadata (date, venue, event name)

4.2 Data Storage and Ownership

All event data is stored on the Operator’s self-hosted WordPress installation. The Company does not maintain centralized servers for user-generated content. The Operator is the data controller for all event data collected through their installation of the Service. The Company does not access, sell, or share any Guest data with third parties.

4.3 Data Retention

Event data is retained on the Operator’s server until the Operator chooses to delete it. Guests may request that the Operator remove their personal data, including photos, voice recordings, notes, and other submitted content. Operators are responsible for honoring such requests in compliance with applicable privacy laws.

4.4 Third-Party Integrations

The Service may integrate with third-party platforms (such as DJ software and photo gallery services). Data shared with third-party services is subject to those services’ own privacy policies. The Company is not responsible for the privacy practices of third-party services.

5. User-Generated Content

5.1 Guest Content

Guests retain ownership of the content they submit (photos, messages, voice recordings). By submitting content through the Service, Guests grant the Operator a non-exclusive, royalty-free license to use, display, and store that content in connection with the event and the Operator’s business (such as portfolio use), unless the Guest requests removal.

5.2 Content Standards

You agree not to submit content that is illegal, defamatory, harassing, obscene, or otherwise objectionable. Operators reserve the right to remove any content that violates these standards. The Company is not responsible for monitoring or moderating user-generated content on individual Operator installations.

5.3 Photo and Audio Consent

By uploading photos or recording voice messages through the Service, you represent that you have the right to share that content and that doing so does not violate any third party’s rights, including rights of privacy or publicity. Guests are solely responsible for the content they upload.

6. Software Licensing

6.1 WordPress Plugin License

Subject to these Terms and payment of applicable fees, the Company grants Operators a limited, non-exclusive, non-transferable license to install and use the Momntly WordPress plugin on a single WordPress installation per license key. Plugin licenses are billed on an annual basis and must be renewed to continue receiving updates and support.

6.2 iOS Application

The Momntly iOS application is provided free of charge to all users. No purchase, subscription, or license fee is required to download or use the iOS app. The iOS app connects to an Operator’s WordPress installation and is subject to these Terms regardless of its free availability. The Company reserves the right to offer optional in-app features or premium upgrades in the future, but the core guest experience will remain free.

6.3 License Restrictions

You may not sublicense, sell, resell, redistribute, or otherwise make the WordPress plugin software available to any third party. You may not reverse engineer, decompile, or disassemble any portion of the software. Each plugin license key is valid for one WordPress installation and may not be shared across multiple sites.

6.4 License Tiers

The WordPress plugin is offered in Starter and Pro tiers. Feature availability varies by tier. The Company reserves the right to modify tier features and pricing with reasonable notice to existing licensees.

7. Payment and Billing

WordPress plugin license fees are billed annually. The iOS application is free and does not require any payment. All plugin license fees are non-refundable except as required by applicable law. The Company reserves the right to change plugin pricing with 30 days’ notice to existing licensees. Failure to pay applicable plugin license fees may result in suspension or termination of your plugin license, but will not affect Guest access to events already in progress.

8. Prohibited Uses

You agree not to use the Service to:

Violate any applicable law or regulation
Infringe upon the intellectual property rights of others
Transmit malware, viruses, or any harmful code
Attempt to gain unauthorized access to any part of the Service or related systems
Use the Service in any manner that could damage, disable, or impair the Service
Harvest or collect personal information of Guests for purposes unrelated to the event
Use the Service for unsolicited commercial communications or spam
Impersonate any person or entity

9. Intellectual Property

The Service, including all software, designs, logos, and documentation, is the intellectual property of Jared Darter and is protected by applicable copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership rights in the Service to you.

The Momntly name, logo, and all related marks are trademarks of Jared Darter. You may not use these marks without prior written consent, except as reasonably necessary to identify your use of the Service (for example, stating that your event is “Powered by Momntly”).

10. Disclaimers and Limitation of Liability

10.1 “As Is” Basis

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY 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, ARISING OUT OF YOUR USE OF THE SERVICE. THE COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10.3 Self-Hosted Responsibility

Because the Service operates on Operator-hosted WordPress installations, the Company is not responsible for server uptime, data backups, security of the Operator’s hosting environment, or data loss resulting from the Operator’s hosting provider or server configuration.

11. Indemnification

You agree to indemnify, defend, and hold harmless Jared Darter, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another person or entity.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion. Upon termination, your license to use the Service ceases immediately. You may terminate your use of the Service at any time by deactivating your license and removing the plugin from your WordPress installation.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms at momntly.live and updating the “Effective Date” above. Your continued use of the Service after such changes constitutes acceptance of the new Terms. If you do not agree with the modified Terms, you must discontinue use of the Service.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Tarrant County, Texas. You consent to the personal jurisdiction of such courts.

15. General Provisions

Entire Agreement. These Terms, together with any applicable license agreement, constitute the entire agreement between you and the Company regarding the Service.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. The Company’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or your rights under them without the Company’s prior written consent. The Company may assign these Terms without restriction.

16. Contact Information

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

Jared Darter

Website: momntly.live / jareddarter.com

Email: jared@jareddarter.com