Legal
Terms of Use
These terms are an agreement between you and Cristofer Cuevas Perez (“we”, “us”) for using the Momentuno app, the Momentuno server and this website (together, “Momentuno”). By using Momentuno, you agree to them. If you don’t agree, please don’t use Momentuno.
Our Privacy Policy explains what information Momentuno uses and how. It’s part of these terms.
1. Who can use Momentuno
- Accounts are for people aged 13 and over, and from 13 you need one to use Momentuno. Momentuno asks for your birth date before sign-in, and you must give your real one.
- Children under 13 can use Momentuno without an account, with a parent’s or guardian’s permission. Momentuno never asks them to sign in.
- If you’re under the age of majority where you live, a parent or guardian must agree to these terms for you.
2. Your account
- You sign in with Apple or with Google. Each is a separate Momentuno account, even if they share an email address.
- Keep your iPhone and your Apple or Google sign-in secure. You’re responsible for what happens in your account. If you think someone else has used it, tell us.
- You can delete your account at any time in the app: Counting settings (the sliders button at the top right of the main screen) → Account → Delete account. The Privacy Policy explains what that removes.
3. What Momentuno does, and its limits
Momentuno listens to the music playing near you, recognizes the song with Apple’s ShazamKit, and counts the beat with you using a dance map for that recording, with an animated dancer, a click and vibration.
- The count is a guide. Dance maps are made by automated analysis and can be wrong. Recognition depends on Apple’s service and on how clearly the music can be heard, so the count can be late, drift or stop. Momentuno is a practice and dancing aid, not professional dance instruction.
- Not every song has a map. If you’re signed in, the app automatically asks us to prepare one when it recognizes a song without a map, up to 50 requests per account a day. We can’t promise that a map will be made, or how long it will take.
- Momentuno needs an internet connection to recognize songs and fetch maps.
- Momentuno is free and has no ads or in-app purchases. If we ever offer paid features, they’ll come with their own terms, which you’ll see before you pay.
- We may change, pause or stop Momentuno or any part of it, and we don’t promise it will always be available or free of errors.
4. Music and the songs you play
Momentuno doesn’t play, stream or supply music. You’re responsible for the music you play, and for having the right to play it where you are, for example in a class or at an event.
Song titles, artist names, recordings and Apple Music links belong to their owners. Apple, ShazamKit, Shazam and Apple Music are trademarks of Apple Inc. Google is a trademark of Google LLC. Momentuno isn’t affiliated with or endorsed by Apple, Google, or any artist or record label.
5. Dance safely
Dancing is physical activity. Warm up, know your limits, and stop if you feel pain, dizziness or shortness of breath. If you have a health condition, check with a doctor first. Watch your surroundings, your partner and the people near you, keep the volume at a safe level, and never use Momentuno while driving or wherever it would be unsafe to pay attention to your phone. Don’t rely on the click or vibration where your safety depends on timing.
6. Using Momentuno fairly
When you use Momentuno, please don’t:
- copy, modify, sell or redistribute the app, its dance maps or its dancer;
- reverse engineer or decompile the app, except where the law allows it despite this restriction;
- access our server other than through the app, or collect our dance maps or other data with scripts, bots or scrapers;
- send automated or excessive requests, or try to get around rate limits, security measures or the 13+ rule;
- send false, abusive or misleading song requests;
- interfere with or disrupt Momentuno, our server or other people’s use of them;
- use Momentuno to break the law or anyone’s rights.
If you break these terms, or use Momentuno in a way that could harm us or others, we may limit, suspend or delete your account.
7. Ownership and your license
Momentuno, including the app, its dancer and animation, the dance maps, the design, and the Momentuno name and logo, belongs to Cristofer Cuevas Perez or our licensors.
We give you a personal, non-exclusive, non-transferable license, which we can revoke, to use the Momentuno app on Apple devices you own or control, as the App Store rules allow. You may use it to practice, to dance, and when you teach or dance with others. These terms don’t give you any other rights in Momentuno.
If you send us ideas or feedback, we may use them without owing you anything.
8. Apple, Google and other services
Momentuno works with services that other companies provide under their own terms and privacy policies: the App Store, Sign in with Apple and ShazamKit from Apple, and Sign in with Google from Google. We aren’t responsible for those services, and you may need to accept their terms to use them.
9. Deleting your account and ending these terms
You can stop using Momentuno whenever you like, and delete your account at any time in the app. We may suspend or end your access if you break these terms, if the law requires it, or if we stop offering Momentuno. Sections that by their nature should continue, such as ownership, disclaimers, limits on liability and governing law, continue to apply after these terms end.
10. Disclaimers
Momentuno is provided “as is” and “as available”. To the fullest extent the law allows, we make no promises or warranties, express or implied, including that Momentuno will be accurate, reliable, uninterrupted, free of errors, or fit for a particular purpose, or that the count will match any particular song, musician or dance style.
Some places don’t allow these warranties to be excluded, so some of this section may not apply to you. Nothing in these terms affects rights you have as a consumer that can’t be changed by agreement.
11. Limits on our liability
To the fullest extent the law allows, we aren’t liable for indirect, incidental, special, consequential or punitive damages, or for lost data, profits or opportunities, arising from your use of Momentuno. Our total liability for all claims relating to Momentuno is limited to the greater of what you paid us for Momentuno in the 12 months before the claim, or US$50.
Nothing in these terms limits liability that the law doesn’t allow to be limited, such as liability for death or personal injury caused by negligence, or for fraud.
12. App Store terms
If you downloaded Momentuno from Apple’s App Store, you also agree that:
- These terms are between you and us, not Apple. We, not Apple, are solely responsible for the Momentuno app and its content.
- Your license is limited to using the app on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may also be used by other accounts associated with you through Family Sharing or volume purchasing. Nothing in these terms sets usage rules that conflict with them.
- We, not Apple, are solely responsible for providing any maintenance and support for the app, as described in these terms or as required by law. Apple has no obligation whatsoever to provide any maintenance or support services for the app.
- We, not Apple, are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever for the app, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to any warranty are our sole responsibility.
- We, not Apple, are responsible for any claims by you or anyone else relating to the app or your use of it, including product liability claims, claims that the app fails to meet any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
- If anyone claims that the app or your use of it infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
- You confirm that you aren’t located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you aren’t on any U.S. Government list of prohibited or restricted parties.
- You must follow any third-party terms that apply when you use the app, such as your mobile data agreement.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
Apple’s Licensed Application End User License Agreement also applies. Where it conflicts with these terms about the license to use the app, Apple’s agreement applies.
Questions, complaints or claims about the app should be sent to Cristofer Cuevas Perez, Calle La Esperanza 14, Apto. 12, Los Rios, Distrito Nacional, Santo Domingo 10122, Dominican Republic, telephone +1 829-982-1914, email support@moment-uno.com.
13. Changes to these terms
We may update these terms as Momentuno changes. When we do, we’ll update this page and the date at the top. For significant changes, we’ll also give a more prominent notice before they take effect. If you keep using Momentuno after changes take effect, you accept the updated terms. If you don’t, stop using Momentuno and delete your account.
14. Governing law
These terms are governed by the laws of the Dominican Republic, without regard to conflict-of-laws rules. If you use Momentuno as a consumer, you also keep the protection of the mandatory laws of the country where you live, and you can bring a claim in the courts there.
15. General
These terms and the Privacy Policy are the whole agreement between you and us about Momentuno. If any part of them can’t be enforced, the rest still applies. If we don’t enforce a part of these terms straight away, we can still enforce it later. You may not transfer your rights under these terms to anyone else. We may transfer ours if Momentuno is transferred to a new owner.
16. Contact us
Questions about these terms: Cristofer Cuevas Perez, Calle La Esperanza 14, Apto. 12, Los Rios, Distrito Nacional, Santo Domingo 10122, Dominican Republic, +1 829-982-1914, support@moment-uno.com.