Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MOMO LENS LTD ("we," "us," or "our") governing your access to and use of the MOMO LENS mobile application, web services, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all users of the Service, including merchants, business owners, employees, and any other individuals who access or use the Service.

2. Definitions

• "Service" means the MOMO LENS business management platform, including mobile applications, web services, APIs, and all related features and functionality.
• "User" means any individual or entity that accesses or uses the Service.
• "Merchant" means a business entity that subscribes to and uses the Service for business management purposes.
• "Account" means a user account created to access the Service.
• "Content" means all data, information, text, files, and materials uploaded, created, or stored through the Service.
• "Subscription" means a paid subscription plan that provides access to the Service.

3. Eligibility and Account Registration

3.1 Eligibility

To use the Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Be authorized to represent the business entity (if registering on behalf of a business)
• Comply with all applicable laws and regulations

3.2 Account Registration

To access the Service, you must create an account by providing:

• Accurate, current, and complete information
• A valid email address
• A secure password
• Business information (if applicable)

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

4. Service Description

MOMO LENS provides a comprehensive business management platform designed for small and medium enterprises, including:

• Point of Sale (POS) system for recording sales
• Inventory management and stock tracking
• Mobile money reconciliation tools
• Expense tracking and management
• Invoice creation and management
• Financial reporting and analytics
• Offline-first functionality
• Multi-currency support

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We do not guarantee that the Service will be available at all times or that it will be error-free.

5. Subscription and Payment Terms

5.1 Subscription Plans

The Service is offered on a subscription basis. Subscription plans include:

• Free Trial: 30-day free trial period for new users
• Monthly Subscription: Billed monthly in your local currency
• Annual Subscription: Billed annually with a 15% discount

All subscription fees are displayed in your local currency and are subject to change with 30 days' notice. Current pricing is available on our website.

5.2 Payment Processing

Payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method for:

• Recurring subscription fees
• Any applicable taxes
• Any additional fees or charges you authorize

5.3 Billing and Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription fee.

If payment fails, we may suspend or terminate your subscription. You are responsible for ensuring your payment method is valid and up to date.

5.4 Refunds

Subscription fees are non-refundable except as required by law or at our sole discretion. Refunds for annual subscriptions are prorated based on the remaining subscription period.

5.5 Price Changes

We reserve the right to change subscription prices with 30 days' notice. Price changes will apply to your next billing cycle. If you do not agree to the new price, you may cancel your subscription before the change takes effect.

6. User Obligations and Acceptable Use

6.1 Acceptable Use

You agree to use the Service only for lawful business purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any fraudulent, illegal, or unauthorized purpose
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Transmit viruses, malware, or any other harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest information about other users
• Use the Service to compete with us or build a similar service

6.2 Content Responsibility

You are solely responsible for all Content you upload, create, or store through the Service. You represent and warrant that:

• You own or have the right to use all Content
• Content does not infringe any third-party rights
• Content is accurate, complete, and not misleading
• Content complies with all applicable laws

6.3 Data Accuracy

You are responsible for ensuring the accuracy of all data entered into the Service. We are not responsible for errors, omissions, or inaccuracies in your data or for any consequences resulting from such errors.

7. Intellectual Property Rights

7.1 Our Rights

The Service, including all software, designs, text, graphics, logos, and other materials, is owned by MOMO LENS LTD or our licensors and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your business purposes in accordance with these Terms.

7.2 Your Rights

You retain all ownership rights to your Content. By using the Service, you grant us a license to:

• Store, process, and display your Content as necessary to provide the Service
• Use aggregated, anonymized data for service improvement and analytics
• Back up your Content for disaster recovery purposes

7.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.

8. Data and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for:

• Complying with applicable data protection laws regarding customer data you collect
• Obtaining necessary consents for data collection and processing
• Ensuring data accuracy and security
• Responding to data subject requests from your customers

9. Service Availability and Modifications

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free operation
• 100% uptime or availability
• Compatibility with all devices or networks
• Immediate resolution of all issues

We may perform scheduled maintenance, updates, or modifications that may temporarily interrupt service. We will provide reasonable notice when possible.

10. Termination

10.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period unless you request immediate termination.

Upon cancellation, you will lose access to the Service at the end of your billing period. You may export your data before cancellation.

10.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our policies
• You engage in fraudulent, illegal, or harmful activities
• Payment fails and remains unpaid after notice
• You breach any applicable laws or regulations
• We are required to do so by law or court order

10.3 Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• We may delete your account and Content after a reasonable retention period (as required by law)
• You remain responsible for all fees incurred before termination
• Provisions that by their nature should survive will remain in effect

11. Limitation of Liability and Disclaimers

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of the Service

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions, delays, or failures
• Errors or inaccuracies in your data or calculations
• Decisions made based on information provided by the Service

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or £100, whichever is greater.

11.3 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless MOMO LENS LTD, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable laws
• Your Content or any third-party claims regarding your Content
• Your violation of any third-party rights

13. Dispute Resolution

13.1 Governing Law

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

13.2 Jurisdiction

Any disputes arising from or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13.3 Informal Resolution

Before initiating formal proceedings, you agree to contact us at support@momolens.com to attempt to resolve the dispute informally.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

14.2 Modifications

We may modify these Terms at any time. Material changes will be notified by:

• Posting updated Terms on our website
• Sending email notification to your registered email
• Displaying a notice in the Service

Continued use of the Service after changes constitutes acceptance of the modified Terms.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

14.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.