Momentio Terms of Use
These Terms of Use describe the rules that Users must adhere to and the agreements that apply between Momentio and Users.
Momentio is also referred to in these Terms of Use as 'we'. You as a user of Momentio's services are also referred to as “ User ”.
2. What is Momentio?
Momentio develops and operates an online platform for recording and storing important documents, data, memories and last wishes regarding funerals and inheritances in a digital safe.
The platform ( "Platform" ) can be accessed via the website www.momentio.io or directly via https://account.momentio.io/login/nl
No "app" is required for Momentio. You can access the Momentio portal with the most commonly used internet browsers.
The party responsible for the processing of personal data is Momentio, a trade name of Momentio BV, located in Venhuizen ( "Momentio" ).
3. Momentio data
Momentio BVKvK number: 90143302VAT number: NL865222009B01 Contact form
4. Applicability of Terms of Use
These terms and conditions (the “User Terms”) apply to you as a User of the Momentio platform ( “Platform” ), the Momentio website ( “Website” ) and any other Momentio services. These Terms of Use describe the rules that Users must adhere to and the agreements that apply between Momentio and Users. By using the Website, the Platform or other Momentio services, you agree to these Terms of Use.
The Terms of Use may be changed by us. If we change the Terms of Use, the new Terms of Use will be brought to your attention the next time you use the Platform or by e-mail. If you do not agree to the amended Terms of Use, you can terminate your subscription.
5. Registration on the Platform
To use the Platform, you must register yourself as a User by creating a profile. Profiles are personal and we assume that.
You are responsible for correctly and completely completing your personal profile and other information on the Platform. All consequences of not completing your data completely or incorrectly are at the expense and risk of you as a User, unless mandatory law determines otherwise.
The Platform may only be used by Users for personal, non-commercial purposes.
Your password and username combination is personal and you are responsible for keeping it confidential.
For security reasons, it is mandatory to use a strong password (at least 8 characters) or sentence with at least 1 uppercase letter, lowercase letter, number and punctuation mark.
As an additional security precaution, so-called Multi Factor Authorization (MFA) is used during the registration process. In addition to a password, an SMS code will be sent to the specified (mobile) telephone number. See also the instruction video at www.momentio.io \videos\
You may not provide the username and/or password to others, or give others access to your Profile. There is an exception for the executor who can log in with your username and a read-only password created by you for the executor role. For details, see the instructional video .
You are therefore responsible for all use of the Platform under your username. As soon as you suspect that a username or password has come into the hands of unauthorized persons, you must let us know as soon as possible via the Support Form.
You are also obliged to take effective measures yourself to prevent unauthorized use, such as regularly changing your password.
A confidential counselor can gain access to the information made available if he or she has received explicit permission to do so via the 'executor' process.
We reserve the right to refuse or delete your registration on the Platform if, after verification, it appears that there are problems with your identity (are you who you say you are?), creditworthiness (are you meeting your payment obligations?), fraud or abuse of the Platform, or if you have previously been blocked or refused by us for these reasons.
6. The Platform
Momentio offers a Platform on which the information you enter can be left for the relatives and/or contact persons you specified. Momentio facilitates the Platform, but has no knowledge of and/or involvement with the information that you exchange using the Platform. Momentio accepts no liability for the information you provide in the Platform.
Momentio offers the Platform 'as is'. You accept that the Platform only contains the functionality and other features as you find them on the Platform at the time of use. We reserve the right to offer certain functionalities and features of the Platform (or not) to (some of) our Users.
Momentio can change the functionalities and properties of the Platform at its own discretion and can adjust or (partly) close the Platform without any obligation to pay compensation or reimbursement to Users.
Momentio does not give any express or implied guarantees, makes no promises and does not provide any indemnities of any kind, including but not limited to guarantees, undertakings and indemnities with regard to the quality, completeness, safety, legality and correctness of (the use of) of) the Platform and the Website and the information offered therewith, unless otherwise stated in these Terms of Use.
Momentio offers the Platform to the extent available 'as available'. We do not guarantee that the Platform is always accessible and/or without interruptions or disruptions. Disruptions in the Platform may occur, among other things, as a result of disruptions in the internet or telephone connection or with service providers, due to viruses or other errors/defects. You accept that we are not liable for damage arising from or resulting from the (temporary or partial) unavailability of the Platform.
We may, without prior notice and without incurring liability, (temporarily) decommission the Platform and/or limit its use if this is necessary in our opinion, for example due to maintenance of the Platform.
7. User Information
You accept that you are fully liable to Momentio (and any third parties) for all information that you make available through the Platform. Momentio employees do not have access to the information.
The information remains available as long as the subscription runs and the payment obligation is met.
We have the right to remove information if we believe that this information is contrary to laws and regulations and/or infringes the rights of third parties.
The Platform is intended to store information for relatives and contact persons in an organized and central location. The Platform is expressly not intended as a storage or backup service for information.
The data you provide to us by using the Platform will be stored in a secure digital environment and processed in accordance with our privacy statement ,
8. Executor
A lot has to happen after your death. You can appoint an executor in Momentio who will coordinate your final wishes and estate. You are aware of the fact that by appointing an executor, he or she can gain access (read only rights) to your information in the Momentio platform.
An exception to the read-only rights is that the executor can fill in missing dates of future memories.
You must inform the executor in advance. When the executor logs in, an email will be sent to the user. For details see the executor instruction video .
9. Intellectual Property
All intellectual property rights with regard to the Platform rest exclusively with Momentio or our licensors. We grant you as a User a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Platform as set forth in these Terms of Use.
You may not alter any notices or notices relating to our intellectual property rights in any form, including, but not limited to, removing, obscuring, hiding or changing.
Any direct or indirect infringement of our intellectual property rights is prohibited. It is not permitted to perform actions that may directly or indirectly infringe or be harmful to our intellectual property rights, including, but not limited to, through domain names, brands or advertisements (e.g. via Google Adwords).
To the extent that there are intellectual property rights to the information you have entered into the Platform, you hereby grant us a worldwide, royalty-free, unencumbered, sub-licensable, transferable, non-exclusive license to use and disclose this information. You also indemnify us against all claims from third parties regarding the information you provide.
10. Liability
We are only liable for direct damage (as described below) that you suffer as a result of a shortcoming attributable to Momentio and/or an unlawful act by Momentio. Momentio's total liability for direct damage is always limited to the total compensation that the User has paid to Momentio in the calendar year of the damage-causing event, with a maximum of EUR 1,000. A series of damaging events with the same cause counts as an event to which the limitation of liability applies.
Direct damage is exclusively understood to mean:
a) Material damage to property;
b) Reasonable costs incurred to prevent or limit direct damage resulting from the
event on which liability is based could have been expected;
c) Reasonable costs incurred to determine the cause of damage, liability, direct damage
damage and the method of repair.
Any liability of Momentio other than for direct damage, including consequential damage, is excluded. In this context, consequential damage is in any case understood to mean: lost income, loss of profit, missed savings, losses, costs incurred to prevent or determine consequential damage, loss, exchange or damage of electronic data and/or damage due to delays.
In any case, Momentio is never liable for damage as a result of:
a) Information that Momentio receives from third parties or Users or information contained on websites or in
third-party applications or Users to which Momentio refers;
b) Information posted on the Platform by Users or third parties;
c) Damage to or loss of data or documents;
Momentio's liability is not limited for damage resulting from intent and/or deliberate recklessness on the part of Momentio itself or its managerial subordinates.
You indemnify Momentio against all damage and costs, including but not limited to damage resulting from (alleged) infringement of Momentio's intellectual property rights, claims from third parties, collection costs, statutory interest, fines owed and legal assistance costs, which we suffer or and which are the result of shortcomings in compliance with the Terms of Use, unlawful use of the Platform and/or other unlawful conduct.
11. Subscription and prices
Taking out and terminating subscriptions:
Subscriptions
We offer various subscriptions for our products/services on our website. The specific details and features of each subscription can be found on our Website .
Taking out a subscription
To take out a subscription, you must select the relevant subscription and provide the necessary information according to the registration process ( see website instruction video ). After taking out the subscription you can get started immediately.
Right of withdrawal
The right of withdrawal is a legal right that gives consumers the opportunity to cancel an agreement with Momentio within a period of fourteen days without giving reasons. If you exercise your right of withdrawal, we will cancel your subscription immediately and you will receive a full refund. We will also delete your account and data immediately. You can exercise your right of withdrawal by submitting a request via support form .
End prematurely
It is possible to terminate your subscription at any time. Please note that no refund or reimbursement will be provided for the unused portion of the remaining subscription period. This also includes situations where you choose to cancel your subscription before the initial term has expired. You can cancel at any time by submitting a request via the support form .
Termination of a subscription
The terms of the various subscriptions are stated on the Website . You can also find the term (valid until date) of the account in the Momentio platform under your profile.
The 'valid until' date indicates until when the subscription has been paid. During this period, the account holder can use the platform normally. After this date has expired, the account holder can still temporarily use the platform in reading mode. After renewal of the subscription, the 'valid until' date moves forward another year. You will be informed by email 30 days in advance that the subscription needs to be extended.
The 'expiry date' is the period between the expiration of the subscription ('valid until') and the deletion of the account. After the 'expiry date' the account will no longer be available and all data will be deleted, including any messages to be delivered in the future.
Prices and price changes
Prices
The prices of our subscriptions are stated on our Website and in the Platform. All prices include applicable taxes unless otherwise stated.
Price changes
We reserve the right to change the prices of our subscriptions at any time. In the event of a price change, we will inform you in a timely manner by e-mail. You have the right to terminate the subscription if you do not agree with the changed price, by means of a cancellation as described above.
Method of payment
Payment methods
We accept payments via the available payment methods listed on our website. These may include credit cards, debit cards, wire transfers, or other accepted payment methods.
Payment processing
Payments are processed via a secure and encrypted payment platform (Mollie). You are responsible for providing accurate and current payment information and ensuring there are sufficient funds in your account to make payments.
12. Other
Dutch law applies to the use of the Website, the Platform, all agreements concluded with Momentio, these Terms of Use and to all disputes arising from and/or related to them.
All disputes arising from and/or related to the use of the Website, the Platform, all agreements concluded with Momentio and/or these Terms of Use will be submitted to the competent court in Utrecht, unless mandatory law designates another competent court.
If you have a complaint, we request that you first report the complaint to us via the support form . If your complaint is not adequately handled by us, you as a Consumer also have the option to report your complaint via the European Union platform (European Online Dispute Resolution Platform) http://ec.europa.eu/odr .
If a provision of these Terms of Use proves to be wholly or partially invalid for any reason, the other provisions remain in full force. In that case, we will replace the invalid provision with a provision that is valid and the legal consequences of which, given the content and scope of the Terms of Use, correspond as much as possible to those of the original provision.
Final adjustment
The terms of use were last updated on June 1, 2023.
You can find and read all legal documents on our website.
If you have any questions or would like more information about the above and/or this topic, please do not hesitate to contact us via the Contact Form