Terms of Use (EN)

Terms of Use

Welcome to Momio! We’re excited to have you here! Momio is a social media and a place for having fun and being with friends. To make sure that can happen, everyone needs to follow some rules. There are also some requirements that you have to fulfil and agree to before you can start using Momio. So before you start exploring Momio, please read these Terms of Use. Let’s get started!

 

Kids only!

Momio is a place for kids. That means you have to be under 18 years old to use Momio. Parents and guardians can create an account to see what Momio is all about but must not actively use Momio. Momio employees, Momio business partners and Jack’s helpers (moderators) are exceptions to this rule: they can be over 18 years old.

How to be on Momio

Be nice

Treat everyone in a nice way. When you’re nice to others, they’re nice to you!

Keep passwords secret

Never ever give your password to anyone – you risk losing your momio!

Your momio is yours only: You cannot give away your momio or share it with someone else. Likewise, you cannot use other people’s momios for any reason. Each momio can only have one owner.

Think before you post

Only post things that are OK for kids – no grown-up stuff, scary things or spam.

Talk to your parents

Talk to your parents before telling stuff like your real name, address or phone number to anyone. Even with permission, you are only allowed to tell those things privately in the chat.

Read the rules on Momio

You should read the more specific Momio rules once you enter Momio. The rules describe how you should behave on Momio. You can find the rules on your profile. The rules may change without further notice, so it is a good idea to check the rules every now and then.

Safety

Momio focuses a great deal on safety. We have safety procedures and mechanisms to protect you from the misbehavior of others, but also to guide you when needed.

What do we do?

Momio has several safety mechanisms in place to make sure you stay safe. Our trained staff is supported by artificial intelligence and automated mechanisms. More detailed descriptions of our safety mechanisms can be found at our company website (http://company.momio.me/parents-safety/).

What can you do?

All content on Momio can be reported. If you encounter something that breaks the rules, you can always report it. The Momio staff will then evaluate what happened and take necessary action.

Only people you’ve accepted as friends can send you chat messages, so if you remove them as a friend, they cannot write to you again. If someone bothers you, you can unfriend and/or block the person.

If something doesn’t feel good, it’s always a good idea to talk to someone you trust about it.

Breaking the rules has consequences

Mistakes happen, and you might not yet have a lot of experience on how to be online. If you break our rules, we will tell you about it. You might get a warning or a timeout (temporary ban). It is our way of telling you that your behaviour was not acceptable, and to give you a chance to re-read our rules and to reconsider your behaviour.

If we have to delete your account

If you break the rules in a manner that in Momio’s judgement must result in your account being deleted, you will lose all virtual currencies and items you have on your account. You will not be able to get those transferred to another account either.

We never delete anyone’s account without a good reason. If your momio gets deleted and you are in doubt about why, you can ask about it in our local support: (see your local address here)

If your account gets deleted due to you breaking these terms, you can not claim the return of services or content nor claim a refund of the money you paid to Momio from either Momio ApS, Apple, Google or other payment providers we work with.

About data and cookies

Personal data

Safety is our number one focus on Momio. To be able to provide that safety, we have to collect some information from you. That’s why Momio ApS saves everything you post on Momio, along with some information you provide yourself. We also save for example what you buy on Momio. We save this information so we can help you with whatever questions you might have, improve Momio and find the people breaking the rules.

Even though we save this information, we don’t look at it unless we have a good reason to do so. Those reasons can be that you asked for help or that there’s a safety issue, for example that you have been breaking the rules.

Your personal information will not be processed or given to anyone without your permission – unless the police or similar authorities require it or Momio ApS decides to report you or someone you have interacted with to the police or similar authorities.

It’s important that you know what of your personal information is being saved, why and for how long. We’ve described this in detail in our Privacy Policy. You will see it in full later, when we also ask you to agree to it. If you would like to read it already now, you can see it on Momio ApS’ website at http://company.momio.me/privacypolicy

Cookies

To make it smoother for you to use Momio, we place some cookies on your device. Cookies are used to store and receive identifiers and other information on computers, phones and other devices. Other technologies, including data we store on your device or browser, identifiers associated with your device, and other software, are used for similar purposes. In these Terms of Use, we refer to all of these technologies as “cookies.”

Momio uses cookies that are strictly necessary for it to work correctly.

Uses of cookies:

  • We verify your account (authenticate) and determine when you’re logged in so we can give you the right experience and features.
  • We save your last visited page on Momio, drafted content and the like for usability purposes (e.g. to help Momio reload faster).
  • We cache server data for performance reasons (e.g. cache of avatar items to make Momio start faster).

By accepting these terms you allow the use of these strictly necessary cookies on the devices you are using Momio on.

Child-friendly YouTube videos can be viewed and shared on Momio. When you choose to watch YouTube videos on Momio, YouTube may place some cookies on your device. These cookies are not used for advertising or marketing purposes by Momio ApS. You can manage these cookies in your device and browser settings.

If Momio wishes to use other types of cookies, your specific consent will be asked. You will have the possibility to deny the use of such cookies. You can control your cookie consents in settings on your profile.

Advertising

By becoming a user on Momio, you accept that you sometimes see advertisements on Momio and may receive them in the chat. The advertisements are always clearly marked. It is possible to block specific advertisers or to pay a one time fee to never see advertisements again.

Unlike many other services and social media, we do not give any personal data of you to third party advertising partners. We do not serve ads based on your interests or behaviour. We do not make decisions based solely on automated processing, including profiling.

The revenue Momio ApS gets from advertising is used for providing safety and for further developing Momio.

You’re not allowed to advertise things on Momio without a written permission from Momio ApS.

In-app purchases

In Momio it’s possible to purchase virtual goods with real money. The goods can be virtual currency, membership, or our ad free product that blocks all advertisements from Momio.

To make in-app purchases, you need your parent’s permission. You can read more about purchasing virtual goods in our Terms of Sale, available at Momio ApS’ website at http://company.momio.me/termsofsale.

It is only possible to buy virtual goods through Momio. If someone else claims to be able to sell or give these goods, they are lying and you should notify Momio immediately for example by reporting the person.

The revenue Momio ApS gets from in-app purchases is used for providing safety and for further developing Momio.

Rights, responsibilities and requirements

These Terms of Use exist so that you know what rules apply to you and to us. We have tried our best to express these without legal jargon, but there are places where these Terms of Use still resemble a traditional contract with words you might not be familiar with. That’s because these Terms of Use do indeed form a contract between you and Momio ApS. If you have trouble understanding parts of the terms, please ask a grown-up to help you.

Changes to Terms of Use

Momio ApS can change these Terms of Use at any time. If the change has influence on processing of your personal data, we will ask you to accept the new changes. If you at any point do not agree with any part of the Terms of Use, you must stop using Momio. You can always find the current Terms of Use on Momio ApS’ website at http://company.momio.me/termsofuse.

Respecting rights

It is your responsibility to make sure that anything you upload to Momio respects the copyrights and other rights of other people.

You must also respect the rights of Momio ApS. For example, you do not have the right to use Momio ApS’ branding, logos, designs, images, videos or other materials without our consent, nor do you have the rights to use Momio or any content on Momio for commercial purposes without our consent.

Rights we grant you

Momio grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use Momio. This license is for the sole purpose of letting you use and enjoy the Momio benefits in a way that these Terms of Use and our usage policies, such as Momio rules, allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of Momio, nor may you reverse engineer or attempt to extract the source code of the software, unless laws prohibit these restrictions or you have our written permission to do so.

Rights you grant us

Momio lets you create, upload, post, send, receive, and store content. When you do that, you keep whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. For all content you submit to Momio, you grant Momio ApS a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving Momio and researching and developing new services.

Compensation

All use of Momio is done at your own expense and responsibility. Momio ApS is not liable for any loss that you may suffer as a result of your use of Momio. Momio ApS’ total liability in damages vis-à-vis a user or any other party may not exceed €100 under any circumstances.

If Momio ApS or a third party incurs a loss arising from your violation of these Terms of Use or from your misuse of Momio, you will be liable in damages for this loss. This also applies to indirect loss and to the costs of expert advice, lawyer fees, etc. If you are not legally competent, your parents or guardian will be held liable.

Termination

Momio ApS has the right to close your account if you have not logged in on Momio for more than 24 months, meaning that you will lose your account on Momio and all values you have accumulated in any way.

Momio ApS reserves the right to terminate Momio as a product in any country at any time and for any reason. In this case, you will be given at least a 30 days’ notice. If Momio is terminated, you, alongside all other users of Momio in that specific country, will lose access to your account on Momio and all values you have accumulated in any way. By accepting these Terms of Use you waive any rights to seek any form of compensation in the case of Momio’s termination.

Additional terms required by Apple, Inc.

We are required to present the following additional terms because you might use Momio on an Apple device.


Parties.
This agreement is made between you and Momio ApS only, and not Apple, Inc. [“Apple”]. Momio ApS is solely responsible for the Momio iOS App and its content. Although Apple is not a party to the Momio Terms of Use, Apple has the right to enforce this Terms of Use against you as a third party beneficiary relating to your use of the Momio iOS App.


Limited License.
Momio grants you a limited, non-exclusive, non-transferable, revocable license to use the Momio iOS Apps for your personal, non-commercial purposes. You may only use the Momio iOS App on an iPhone, iPad, iPod Touch, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service.


Maintenance and Support.
Because the Momio iOS App is free to download and use, Momio ApS only provides limited maintenance or support for it. To the extent that any maintenance or support is required by applicable law, Momio ApS, not Apple, shall be obligated to furnish any such maintenance or support.


Warranty.
The Momio iOS App is provided for free on an “as is” basis. As such, Momio ApS disclaims all warranties about the Momio iOS App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Momio ApS, not Apple, shall be solely responsible for such warranty.


Product Claims.
Momio ApS does not make any warranties concerning the Momio iOS App. To the extent you have any claim arising from or relating to your use of the Momio iOS App, Momio ApS, not Apple, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the Momio iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in these Terms of Use shall be deemed an admission that you may have such claims.


Third Party Intellectual Property Claims.
In the event of any third party claims of Momio ApS violating intellectual property rights, Momio ApS, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.


U.S. Legal Compliance.
You represent and warrant that you are: (i) not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) not listed on any U.S. Government list of prohibited or restricted parties

Contact information

The company responsible for Momio is:

Momio ApS
Lergravsvej 53, 2. sal
2300 Copenhagen S
Denmark
Email: (see your local address here)
VAT ID: DK 35837787

If there’s a problem with Momio and you can’t solve it, you can email to our support. The address is: (see your local address here)

Please clearly tell what the problem is and remember to mention your account name.

Last update: 22.5.2018