Term of Service_MomentLumina Terms of Service for Moment Lumina

Effective Date: June 1, 2026

These Terms of Service (“Terms”) govern the relationship between you (“User,” “you”) and Moment Lumina (“Moment Lumina,” “we,” “our,” or “us”) and apply to your use of our website, mobile applications (including the Parents App and Kids App), and other digital products and services we provide (collectively, the “Service” or “Services”).

By accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, do not access or use the Services.

1. Acceptance of the Terms

By registering for, accessing, or using the Services, you acknowledge that you have read, understood, and agreed to these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Moment Lumina. If you are a parent or legal guardian of a child under 13 who will use the Kids App, you agree to these Terms on behalf of your child and consent to the child’s use of the Services, including any data practices described in our COPPA Direct Notice. If you do not agree with all provisions of these Terms, you must not access or use our Services.

2. Eligibility and Authority

2.1 Eligibility to Use the Service

To use the Services, you must:

• Be at least 13 years of age (Children under 13 may only use the Kids App with verified parental consent under COPPA)
• Possess the legal authority to enter into a binding agreement
• Agree to comply with these Terms and all applicable laws and regulations

2.2 Parent or Legal Guardian Responsibilities (COPPA Compliance)

For children under 13, Moment Lumina requires Verifiable Parental Consent (“VPC”). This may include:

• Parent email verification
• Confirmation codes
• Parent account setup
• Review and acceptance of the COPPA Direct Notice Parents are fully responsible for:
• Monitoring their child’s activity
• Managing child permissions
• Ensuring accuracy of the child’s data
• Revoking consent when appropriate

3. Modification of the Terms

Moment Lumina may modify these Terms at any time. When we make material changes, we will:

• Post the updated Terms within the Services
• Update the “Effective Date”
• Provide additional notice if required by applicable law (e.g., for auto-renewal or subscription changes under California ARL)

Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

If you do not agree to any changes, you must discontinue use immediately.

4. Description of the Service

Moment Lumina provides digital wellness insights and behavioral analytics through the Parents App and Kids App. The Services may include:

• Behavioral signal analysis
• Digital phenotyping insights
• Parent dashboards summarizing child wellness indicators
• Reward/Points system
• Engagement summaries
• Notifications
• Community features (if enabled)
• Any additional functionality Moment Lumina chooses to introduce

Moment Lumina may modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, without liability to you.

5. Registration and Account Responsibilities

5.1 Account Creation

To use certain features of the Services, you must create:

• A Parent Account (for adults)
• A Child Account (requires parental linking and consent)

You agree to:

• Provide accurate, complete, and updated information
• Maintain the confidentiality of your login credentials
• Notify Moment Lumina immediately of unauthorized use of your account
• Be responsible for all activities under your account

5.2 Parent Responsibilities for Child Accounts

If you create a Child Account:

• You affirm you are the child’s parent or legal guardian
• You grant the necessary COPPA consent
• You are responsible for managing and monitoring the child’s usage
• You may revoke consent and delete the child’s account at any time

5.3 Restrictions

You agree not to:

• Share accounts or login credentials
• Create accounts using false information
• Create accounts on behalf of anyone without proper authority
• Circumvent age restrictions or COPPA requirements
• Use the Services for illegal or harmful purposes

6. Data Collection and Use

6.1 Consent to Data Collection

By using our Service, you consent to the collection, use, storage, processing, sharing and transferring of your personally identifiable information and Mental Wellness Data (collectively, “Personal Data”) in accordance with our privacy policy (“Privacy Policy”). You may find our Privacy Policy here.

6.2 Purpose of Data Use

We use Personal Data we collect for various purposes, including:

A. To Provide and Improve Our Service

• To personalize and enhance your experience with our Service.
• To analyze and monitor usage trends and activities to improve the quality and functionality of our Service.
• To develop new features, products, and services based on the data we collect.

B. To Communicate with You

• To send you technical notices, updates, security alerts, and support-related messages.
• To respond to your comments, questions, and requests for customer service.

C. To Conduct Research and Analysis

• To conduct research and analysis to better understand how our Service is used and how it can be improved.
• To aggregate and anonymize data for research and statistical purposes, ensuring that your Personal Information is not identifiable.

D. To Comply with Legal Obligations

• To comply with applicable laws, regulations, and legal processes.
• To enforce our Terms of Service, protect our rights, and address any security or fraud issues.

6.3. We do not sell Personal Data. We do not use Personal Data to target advertisements or market to Users or anyone else for any purposes prohibited by applicable laws and regulations. We will not use Personal Data for any purpose other than those required or specifically set forth in these Terms, our Privacy Policy, or any other agreement between 3R Innovation and its Users.

7. Data Security

While we are committed to safeguarding your Personal Data and employing industry-standard security measures to protect it, please be aware that no method of data transmission over the internet or electronic storage is 100% secure. As a result, we cannot guarantee the absolute security of your Personal Data. By using our services, you acknowledge and accept this risk.

8. Privacy and Confidentiality

Your use of our Service is also governed by our Privacy Policy, which explains how we collect, use, store, share and transfer data. By agreeing to these Terms, you also agree to the terms of our Privacy Policy.

Each Party agrees to protect the other Party’s Confidential Information (defined below) in the same manner that it protects its own Confidential Information of like kind, but in no event using less than a commercially reasonable standard of care consistent with applicable laws and regulations. “Confidential Information” means any and all information, whether in written, electronic, oral, or any other form, that is disclosed by one Party to the other and is designated as confidential, proprietary, or would reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, but without limitation, User information, business plan, products, business model, sales practice, purchase practice, negotiation and execution of sales agreement, sales data, vendor list, supplier list, customer list, client list, financials, purchase data, purchase practice, execution of purchase agreement, service method, service data, trade secret, and proprietary information, techniques, sketches, drawings, models, know-how, processes, software programs, hardware configuration information, technical, financial data, software source documents, finances, Moment Lumina’s information concerning of, or related to, customers, clients, vendors, business partners, other contractors and employees of Moment Lumina and/or its affiliates, any transaction data with customers, clients, and other contractors, sales, purchase, account, marketing, trading, research, experimental work, and, engineering, financial information, procurement requirements, market data specific for the market in which Moment Lumina is engaged its business, customer lists, customer purchase data, vendor or supplier lists, vendor sales data, business forecasts, sales and merchandising and marketing data, plans, and information, and any and all business and private information of Moment Lumina.

9. Disclaimer of Medical Device / Professional Advice

The Services offered by Moment Lumina are intended solely for informational and general wellness purposes. They are not designed or intended to diagnose, treat, cure, mitigate, or prevent any disease, medical condition, or mental health disorder, nor do they provide medical advice. Our Services are not medical devices as defined by the U.S. Food and Drug Administration (FDA) or any other regulatory authority. The insights produced through digital phenotyping, behavioral analytics, wellness indicators, or any other feature provided within the Parents App or Kids App:

• Do not constitute medical, clinical, psychological, or therapeutic advice
• Are not a substitute for professional judgment
• Should not be relied upon for medical or diagnostic purposes You should consult a qualified healthcare provider before making any decisions related to your or your child’s health. Moment Lumina makes no guarantees that the data or insights will be accurate, complete, or suitable for any purpose outside general wellness.

10. User Responsibilities

10.1 Accurate Information

You agree to provide accurate, complete, and up-to-date information when creating or using your account, and when interacting with any feature of the Services. If any information changes, you must update it promptly. Moment Lumina is not responsible for any issues arising from inaccurate or outdated information.

10.2 Compliance with Laws

You agree to use the Services in compliance with all applicable laws and regulations, including but not limited to:

• U.S. federal privacy laws
• State privacy laws (California CCPA/CPRA, etc.)
• COPPA requirements for children under 13
• Export control laws
• Restrictions regarding harmful, abusive, or illegal activities

10.3 Prohibited Conduct

You agree not to:

• Use the Services for unlawful purposes
• Attempt unauthorized access to the Services or related systems
• Reverse engineer or modify the Services
• Interfere with service functionality
• Upload harmful code, malware, or disruptive content
• Collect or harvest data from other users
• Use the Services in any manner that may harm children or violate parental consent frameworks

11. Intellectual Property

All content, features, and functionality provided by Moment Lumina—including, but not limited to, text, graphics, logos, software, user interface elements, data models, algorithms, and behavioral analytics systems—are the intellectual property of Moment Lumina or its licensors.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely for:

• Personal purposes (Parents App)
• Child wellness participation (Kids App) Nothing in these Terms grants you ownership rights.

You agree not to:

• Copy, modify, distribute, sell, lease, or create derivative works based on any part of the Services
• Use Moment Lumina trademarks, branding, or proprietary information without permission
• Remove or alter any proprietary notices Any improvements, updates, or modifications to the Service remain the sole property of Moment Lumina.

12. Content in the Service Generally

12.1 Content Ownership

All content available through the Services—other than User Content, defined below—remains the exclusive property of Moment Lumina or its third-party licensors.

You may not modify, rent, lease, loan, sell, distribute, or create derivative works of such content unless explicitly permitted in writing.

12.2 User Content

“User Content” includes all content uploaded, submitted, shared, or generated by users, such as:

• Interaction inputs
• Wellness notes
• Emotion check-ins
• Comments or community posts (if enabled)
• Uploaded profile images

By submitting User Content, you grant Moment Lumina a worldwide, non-exclusive, royalty-free, sublicensable license to:

• Host
• Store
• Display
• Modify (for formatting purposes)
• Reproduce
• Distribute
• Analyze (to improve services) This license is solely for the purpose of providing, operating, improving, and maintaining the Services.

12.3 Representation

You represent and warrant that:

• You own the User Content or have permission to use and share it
• Your submissions do not violate any rights of others
• Your User Content does not violate laws, regulations, or these Terms

12.4 Technical Processing of Content

To provide the Services, Moment Lumina may:

• Transmit or process User Content across various networks
• Make changes as necessary to conform content to technical requirements of networks, devices, services, or media You agree that this license permits such actions.

12.5 No Compensation

You understand and agree that you will not be compensated for any User Content.

12.6 Copyright Policies / DMCA

Moment Lumina maintains procedures for handling copyright infringement claims, consistent with the Digital Millennium Copyright Act (DMCA).

We may:

• Remove content believed to infringe
• Terminate repeat infringers
• Disable uploads or sharing functionality for users violating copyright laws If you believe your copyright-protected work has been infringed, you may submit a DMCA notice to our Designated Agent:

DMCA Designated Agent: Email: moment-care@momentlumina.com Address: [Insert Address]

Your notice must include all elements required under 17 U.S.C. §512(c)(3).

13. Third-Party Integration and Services

The Services may interoperate, integrate, or be used in connection with third-party services (“Third-Party Service”). Examples include:

• Authentication providers
• Analytics vendors
• Hosting platforms
• App store platforms
• Communication providers

Moment Lumina is not responsible for:

• Actions of any Third-Party Service
• Security or privacy practices of third parties
• Interruption or loss arising from integration changes
• Data deletions or modifications caused by third-party tools Your use of Third-Party Services is governed solely by their own terms, not these Terms. Moment Lumina may modify or discontinue integrations at any time without liability.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Moment Lumina shall not be liable for any:

• indirect, incidental, special, consequential, punitive damages, loss of profits, loss of data, business interruption, or loss of business opportunities arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.

This includes, without limitation:

• Errors in analysis, insights, or digital phenotyping outputs
• Delays, interruptions, or service downtime
• Data loss or corruption
• Unauthorized access to your account
• Use or inability to use any feature of the Parents App or Kids App
• Third-party service failures
• Damages caused by malware, hacking, or other harmful code

14.1 Liability Cap

To the extent permitted by law:

Our total liability for all claims arising out of or relating to these Terms or your use of the Services shall not exceed the amount you paid to Moment Lumina for the Services in the twelve (12) months preceding the claim, or one hundred U.S. dollars ($100), whichever is greater.

Some states do not allow certain exclusions or limitations of liability, so these limitations may not apply to you.

15. Indemnification

To the extent not prohibited by law, you agree to indemnify, defend, and hold harmless Moment Lumina, its affiliates, officers, directors, employees, agents, contractors, and successors (“Indemnified Parties”) from and against any claims, liabilities, damages, losses, and costs (including attorneys’ fees) arising out of or related to:

• Your use or misuse of the Services
• Your breach of these Terms
• Your violation of applicable laws or regulations
• Your infringement of any third-party rights, including intellectual property rights
• Any content you provide (User Content), including that added through the Kids App

Moment Lumina reserves the right to assume exclusive control over defense of any matter subject to indemnification, in which case you agree to cooperate with our defense strategy.

16. Modifications to the Service

Moment Lumina reserves the right to:

• modify, update, suspend, discontinue, the Services (or any part of the Services) at any time, with or without notice.

This may include changes to:

• Digital phenotyping models
• Wellness insight features
• Rewards/Points functionality (if enabled)
• Parent dashboard features
• Kids App features
• Community-based functionality (if enabled)

We shall not be liable to you or any third party for:

• service modifications, suspension, discontinuation or loss of content or data resulting from such actions.

Where required by law (such as California ARL auto-renewal rules), we will provide advance notice of subscription-related changes.

17. Third-Party Content and Affiliated Sites

Moment Lumina may provide access to third-party websites, content, or resources. This may include:

• Educational content
• External resources for children or parents
• References to blogs, articles, or external tools
• Links to analytics tools or community guidelines Because Moment Lumina does not control these third-party sites or content:
• We are not responsible for their accuracy, reliability, or content
• We make no guarantees about their performance or safety
• Accessing such third-party material is at your own risk
• These Terms do not apply to third-party websites You acknowledge that Moment Lumina is not liable for:
• inaccurate, objectionable, or unlawful content
• losses or damages resulting from third-party actions
• content posted by external entities or users on linked platforms

18. Assignment

You may not assign, delegate, or transfer your rights or obligations under these Terms without Moment Lumina’s prior written consent. Any attempt to assign these Terms without consent shall be null and void. Subject to the above, these Terms shall bind and benefit the parties and their permitted successors and assigns. Moment Lumina may assign these Terms, in whole or in part: in connection with a merger, acquisition, restructuring, asset sale, or by operation of law without notice or your consent.

19. Notice

Where Moment Lumina requires that you provide an email address, you are responsible for ensuring that we are provided with your most current, accurate, and accessible email address. If the last email address you provided to us is invalid, or for any reason cannot receive notices required or permitted under these Terms, then: Moment Lumina’s dispatch of an email containing such notice to that address will nonetheless constitute effective notice. You may give notice to Moment Lumina at the contact information listed at the end of these Terms. Such notice shall be deemed given when received by: A nationally recognized overnight delivery service, or First-class postage prepaid mail delivered to the address listed in the Contact Information section. Electronic notices delivered through the Moment Lumina Parents App or Kids App may also constitute valid notice where allowed by applicable law.

20. Waiver

The failure of either party to enforce any provision of these Terms on one or more occasions: shall not be deemed a waiver of such provision, nor shall it waive the right to enforce such provision on any subsequent occasion. Any waiver must be in writing and signed by the party granting the waiver. A written waiver of any breach shall not be construed as a waiver of any other breach or of the provision itself.

21. Export Control and OFAC Regulations

By using the Services, you represent and warrant that:

• You are not located in a country that is subject to a U.S. Government embargo or that has been designated as a “terrorist-supporting” country; and

• You are not listed on any U.S. Government list of prohibited or restricted parties, including:

• OFAC Specially Designated Nationals (SDN) List

• U.S. Department of Commerce Denied Persons List

• Entity List

• Unverified List

You acknowledge that the products, services, and our Service may be subject to export control laws and regulations, including, but not limited to, the export control laws of the United States, the European Union, and any other applicable national laws. You agree to comply fully with all applicable export control laws and regulations.

You may not directly or indirectly:

• Import, export, re-export, transfer, or use the Services in violation of these laws
• Engage in unauthorized dealings with embargoed countries
• Provide access to restricted persons or entities
• Use the Services for the design or development of nuclear, missile, chemical, or biological weapons

You shall not engage in activity that would causeMoment Lumina to be in violationbe violation of these laws and regulations, and will indemnify Moment Lumina for any fines, penalties or other liabilities incurred by Moment Lumina for Customer’s failure to comply with this provision.

22. Affiliated Sites

Moment Lumina may work with partners or affiliates whose internet sites may be linked with or referenced through the Services. Examples include:

• Educational partners
• Technical service providers
• Behavioral research collaborators
• Platform integration partners

Because Moment Lumina does not control third-party sites:

• We make no guarantees regarding the accuracy, content, or quality of information provided by such third-party sites
• We assume no responsibility for unintended, inaccurate, objectionable, or unlawful content on such external sites
• Your use of any third-party content is at your own risk

Similarly, you may gain access to content owned by third parties. Unless expressly provided otherwise, these Terms govern your use of any such third-party content.

Moment Lumina is not liable for:

• External content performance or availability
• Losses resulting from reliance on third-party information
• Failures of third-party integrations

23. Entire Agreement

These Terms, together with:

• the Privacy Policy,
• the COPPA Direct Notice (Attachment C),
• the Notice at Collection (Attachment A),
• the Data Retention Schedule (Attachment B),
• any additional agreements applicable to specific features,
• and any legally required notices,

constitute the entire agreement between you and Moment Lumina regarding your use of the Services.

These Terms:

• supersede any prior agreements or understandings,
• govern your relationship with Moment Lumina,
• and remain in effect unless replaced or amended by a newer version. No employee or agent of Moment Lumina has the authority to modify these Terms except as officially published by Moment Lumina.

24. Assignment

You may not assign, subcontract, delegate, or otherwise transfer your rights or obligations under these Terms without prior written consent from Moment Lumina. Any attempted assignment or transfer in violation of this Section shall be null and void. Subject to the above, these Terms shall bind and inure to the benefit of the Parties, their respective successors, and permitted assigns. Moment Lumina may assign or transfer these Terms, in whole or in part: in connection with a merger, acquisition, restructuring, sale of assets, or by operation of law, without notice or your consent.

25. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles. Your use of the Services may also be subject to other state and federal laws. If you are located outside the United States, you use the Services at your own initiative and are responsible for compliance with local laws.

26. Dispute Resolution; Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

26.1 Mandatory Arbitration (FAA-Compliant)

To the fullest extent permitted by law, You and Moment Lumina agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through binding individual arbitration, not in court.

This arbitration agreement is governed by the Federal Arbitration Act (FAA). Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Arbitration shall occur:

• in a mutually agreed location, or
• remotely via video conference. The arbitrator’s decision shall be final and binding.

26.2 Class Action Waiver

To the maximum extent permitted by applicable law: YOU AND MOMENT LUMINA AGREE THAT ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Class arbitrations and class actions are not permitted.

26.3 Jury Trial Waiver

To the extent permitted by law: YOU AND MOMENT LUMINA WAIVE ANY RIGHT TO A JURY TRIAL.

All disputes will be resolved through arbitration rather than jury trial.

26.4 Exceptions

This Arbitration Agreement does not require arbitration for:

• Small claims court actions
• Claims relating to intellectual property rights
• Requests for injunctive or equitable relief relating to unauthorized use of the Services or breach of confidentiality obligations

26.5 Opt-Out Option

You may opt out of this arbitration provision by sending written notice to:

Moment Lumina — Arbitration Opt-Out Email: moment-care@momentlumina.com Address: [Insert Mailing Address]

The notice must be sent within 30 days of first accepting these Terms.

27. Severability

If any provision of these Terms is deemed invalid or unenforceable:

• that provision will be enforced to the maximum extent permissible,
• and the remaining provisions will continue in full force and effect.

28. Survival

The following sections survive termination of your account or cessation of use of the Services:

• Intellectual Property
• User Content
• Warranty Disclaimers
• Limitation of Liability
• Indemnification
• Arbitration Agreement
• Governing Law
• Severability
• Privacy-related obligations

29. Termination

Moment Lumina may terminate or suspend your access to the Services, in whole or in part, immediately and without notice, if:

• You violate these Terms
• You misuse the Services
• You engage in unlawful activities
• Required by law or regulatory authorities

Upon termination:

• Your right to use the Services ceases immediately
• We may delete or disable access to your User Content
• Data may be retained or deleted per our Privacy Policy and retention schedule

You may terminate your account at any time by following account deletion instructions within the Parents App.

30. Contact Information

If you have questions about these Terms or need assistance, you may contact:

Moment Lumina Email: moment-care@momentlumina.com Address: [Insert Mailing Address]

For copyright issues (DMCA):

DMCA Designated Agent for Moment Lumina Email: moment-care@momentlumina.com Address: [Insert Address]

31. Miscellaneous

• These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Moment Lumina.
• You may not use or export the Services except as permitted under applicable U.S. laws.
• Section headings are for convenience only and do not affect interpretation.
• Failure to enforce any provision does not constitute a waiver.