MomentAssist Terms and Conditions
**Effective date:** August 1, 2026
**Last updated:** August 20, 2026
These Terms and Conditions (“Terms”) are a binding agreement between you and StarlyPath, Inc., doing business as MomentAssist (“MomentAssist,” “we,” “us,” or “our”). They govern your access to and use of the MomentAssist website, Customer application, Assistant application, administrative and support services, and related features (collectively, the “Platform”).
By creating an account, clicking to accept these Terms, booking or providing an Assist, or otherwise using the Platform, you agree to these Terms and to the MomentAssist Privacy Policy. If you do not agree, do not use the Platform.
1. Eligibility
You must:
- be at least 18 years old;
- have the legal capacity to enter into a binding contract;
- provide accurate and current information;
- use the Platform only in the United States during the current launch period; and
- comply with all laws that apply to you, the location, the event, and any content you capture.
You may not use the Platform if your account has been suspended or terminated or if applicable law prohibits your use.
2. What MomentAssist Provides
MomentAssist is a marketplace that helps Customers find local Content Assistants to capture, preserve, and celebrate special moments through photos, videos, and related assistance.
MomentAssist provides technology for requesting and scheduling Assists, dispatching offers, tracking status and location, communicating, making payments, uploading and reviewing media, submitting ratings, filing complaints, and requesting support.
MomentAssist does not guarantee that:
- an Assistant will be available;
- a particular Assistant will accept a request;
- an Assist will begin or finish at a particular time;
- every location or event will permit photography or recording;
- media will meet a Customer’s subjective expectations; or
- the Platform will always be uninterrupted or error-free.
An Assistant’s verification or document approval means only that the submitted information passed MomentAssist’s then-current review process. It is not a guarantee of identity, conduct, skill, suitability, or outcome.
3. Customer and Assistant Accounts
You may register using supported email, telephone OTP, Google, or Apple authentication. You must protect your credentials and promptly tell us about unauthorized access.
You are responsible for all activity performed through your account unless you promptly report unauthorized use. You may maintain only accounts that belong to you and must not impersonate another person.
Customers and Assistants must keep their name, verified telephone number, email address, profile details, and other required information accurate. MomentAssist may require re-verification when information changes.
4. Assistant Applications and Service Eligibility
Assistants must complete the application and document-review process. Depending on requested service levels, required information may include:
- government-issued identification;
- media-capture device types and details;
- image of media-capture devices;
- media-capture and media-editing skill levels; and
- a video demonstrating media-editing skills.
When creating an Assistant account, an applicant must attest that the applicant
is legally permitted to provide the services offered through MomentAssist in
the United States. This attestation is not government verification and does not
replace any license, permit, tax form, employment-eligibility process, or other
requirement that may apply under law.
MomentAssist does not require an applicant to enter a Social Security number or
upload a Social Security Number Card to create an Assistant account or complete
the Assistant application. If an Assistant later chooses to enable withdrawals,
the Assistant must separately complete the identity, bank-account, and U.S. tax
information requested through Stripe Connect's hosted payout onboarding. That
payout process is separate from Assistant registration.
MomentAssist may approve, reject, suspend, or request replacement of an application or document. Approval for one service level does not automatically approve a higher service level.
An Assistant may receive dispatch offers only for selected service levels that are active and for which all applicable documents have been approved. A downgrade may take effect without additional review. An upgrade remains pending until the required documents are approved.
Assistants must use their own lawful equipment where the selected service requires it, maintain that equipment in safe working condition, and obtain any license, permit, insurance, or authorization required for their work.
5. Service Levels
MomentAssist currently supports the following customer-facing service levels:
Basic
The Assistant helps capture media using the Customer’s devices. The Customer is responsible for providing a compatible, charged, functioning device with sufficient storage.
Advanced
The Assistant uses the Assistant’s media-capture devices. Advanced media delivery, review, retention, and staged settlement rules apply.
Premium
The Assistant uses the Assistant’s devices and provides the multimedia-editing services described in the booking. Premium currently follows the same fulfillment and staged media workflow as Advanced.
The booking screen and service details control if they conflict with a general description in these Terms.
6. Requests, Scheduling, Dispatch, and Acceptance
A Customer must provide the meeting location, final location, requested time, estimated duration, service level, and available payment method.
An instant request is offered to eligible nearby Assistants. A scheduled request may be offered in advance and becomes actionable under the Platform’s scheduled-access rules. Availability, distance, eligibility, online status, service selection, document approval, and recent location information may affect dispatch.
An Assist is not assigned until an Assistant successfully accepts it and the Platform confirms acceptance. If two Assistants attempt to accept the same request, only the first acceptance successfully committed by the Platform is valid.
Customers and Assistants must arrive on time and use the Platform status controls accurately, including Arriving, Arrived, Start Assist, and End Assist.
7. Location and Live Tracking
The Platform uses location data to display maps, estimate distance and price, find nearby Assistants, dispatch requests, provide live status, support safety features, and document the Assist.
Assistants may need to enable background location while online or during an Assist. Customers and Assistants understand that GPS and network data can be delayed or inaccurate and must not rely on the Platform for emergency navigation.
8. Price Estimates and Final Charges
Before booking, the Platform may display an estimated fare based on the selected service’s base fare, estimated distance, estimated duration, minimum fare, applicable fees, discounts, and other disclosed pricing inputs.
An estimate is not a guaranteed final price. The final amount may reflect actual Assist duration, distance, waiting time, additional charges, tips, discounts, cancellation charges, taxes, payment adjustments, and other amounts disclosed in the booking or receipt.
By booking, the Customer authorizes MomentAssist and its payment processor to charge the selected payment method or debit/reserve the Customer Wallet for amounts properly due under these Terms.
9. Payment Methods and Customer Wallet
Available payment methods may include:
- MomentAssist Customer Wallet;
- credit or debit card;
- Apple Pay on supported Apple devices; and
- Google Pay on supported Android devices.
Availability depends on the service, device, account, region, provider configuration, and sufficient Wallet balance.
The Customer Wallet is closed-loop stored value for use on MomentAssist. It is not a bank account, does not earn interest, and is not generally redeemable for cash except where required by law. MomentAssist may correct duplicate, erroneous, fraudulent, reversed, or unauthorized transactions.
Payment cards and device-wallet transactions are processed by third-party payment providers. MomentAssist does not store complete card numbers or CVV codes.
10. Basic-Service Settlement
For a Basic Assist, the Customer’s payment becomes due when the on-site Assist ends. After successful payment, the Platform issues the applicable Customer receipt, Assistant earnings record, and administrative settlement record.
Assistant earnings are the Customer fare less the applicable MomentAssist commission, fleet commission if any, refunds, adjustments, taxes, and other disclosed amounts, plus eligible tips.
11. Advanced and Premium Media Workflow
Unless the booking states different approved parameters, the following rules apply to Advanced and Premium Assists:
1. When the on-site Assist ends, the Customer must complete payment.
2. MomentAssist captures the full amount. The first portion of eligible Assistant earnings—currently 50% of the Assistant’s non-tip earnings, plus eligible tips—is released after successful payment. The remaining portion is held pending media completion and verification.
3. The Assistant must finalize the required media upload within five days after on-site completion.
4. A submission must contain at least one and no more than 200 permitted photo or video files. Each file may be no larger than 1 GB, and the total submission may be no larger than 10 GB.
5. Uploading files is not the same as finalizing the submission. The Assistant must use the “Complete uploading” function before the deadline.
6. Media may undergo malware, quality, content, and administrative review before it becomes available to the Customer.
7. The Customer may confirm the media, request one correction where available, or open a dispute.
8. The initial Customer review window is one day. Missing that period marks the review as skipped but does not by itself immediately approve the media.
9. If the Customer takes no action within five days after media becomes review-ready, the submission may be automatically approved and the remaining eligible Assistant earnings released.
10. Only one resubmission is permitted. Unless the Platform states otherwise, the resubmission deadline is 48 hours after changes are requested or the submission is rejected.
11. If the Assistant misses the initial upload or permitted resubmission deadline, the unreleased portion is not paid to the Assistant and is returned or credited to the Customer according to the original payment method and applicable provider rules.
12. A dispute places the disputed settlement under review. MomentAssist may release funds, refund funds, require a resubmission, or take another reasonable corrective action based on the evidence and applicable law.
Before payment is confirmed, the Platform will disclose the Customer’s total charge. After payment, the Customer and Assistant will be able to view the applicable first-release amount, held amount, media deadline, review status, and settlement or refund outcome. The held amount is not additional money charged to the Customer; it is part of the full amount already captured and remains subject to the workflow above.
The Platform may prevent, quarantine, reject, or remove files that are corrupt, malicious, unlawful, unsafe, unsupported, or inconsistent with the booked service.
12. Media Rights, Permissions, and Delivery
Customer responsibilities
The Customer must have permission to request photography, video, audio, editing, or other capture at the relevant location or event. The Customer must obtain legally required consent from people who will be recorded, including a parent or guardian for minors.
Assistant responsibilities
The Assistant must follow the Customer’s lawful directions and all venue, privacy, publicity, copyright, recording-consent, and safety rules. The Assistant may not use or publish Customer media for advertising, a portfolio, social media, artificial-intelligence training, or any unrelated purpose without the Customer’s express permission.
Ownership
As between the Customer and Assistant, and subject to third-party rights, ownership of final paid deliverables transfers to the Customer when the applicable payment is fully settled. To the extent necessary, the Assistant assigns to the Customer the Assistant’s transferable rights in those deliverables. The Assistant retains ownership of pre-existing tools, templates, methods, and materials not created specifically for the Customer, while granting the Customer a perpetual license to any such material embedded in a paid deliverable.
The Customer and Assistant grant MomentAssist a limited, nonexclusive license to host, copy, transmit, resize, compress, scan, moderate, display, package, and delete media only as reasonably necessary to operate, secure, support, and enforce the Platform.
Downloads and retention
The Platform may provide compressed previews for review and a ZIP download of eligible original files. The Customer is responsible for downloading and backing up originals before the stated retention deadline. Media is generally scheduled for deletion 30 days after approval or 60 days when a dispute exists, unless a legal hold or other legal requirement applies.
MomentAssist is not a permanent backup or archival service.
13. Cancellations, No-Shows, and Refunds
A Customer or Assistant may cancel only through the available Platform controls. The identity of the cancelling party, timing, status, and applicable service rules may affect cancellation fees, refunds, or earnings.
MomentAssist may automatically cancel an unaccepted request when its search period expires. MomentAssist may also cancel or suspend an Assist for safety, fraud, payment failure, rule violations, technical impossibility, or legal reasons.
Refund timing depends on the original payment method, payment provider, financial institution, and applicable law.
14. Communications, Chat, and Protected Calls
After acceptance, Customers and Assistants may communicate through in-app chat and supported calling.
MomentAssist uses a protected-calling provider to assign temporary numbers and route voice calls without showing the other participant’s registered telephone number. A provider failure will not expose the other participant’s real number as a fallback.
Protected calling:
- is available only during the authorized Assist window;
- opens for scheduled Assists one hour before the scheduled time;
- ends immediately when an Assist is cancelled or completed;
- does not support voicemail through MomentAssist;
- is not recorded by MomentAssist; and
- may create call-status, direction, duration, and failure metadata.
Users must not harass, threaten, spam, record unlawfully, or use communications outside the legitimate Assist purpose.
15. Safety, SOS, and Emergencies
**MOMENTASSIST IS NOT AN EMERGENCY SERVICE, SECURITY SERVICE, MEDICAL SERVICE, OR SUBSTITUTE FOR 911. THE SOS FEATURE DOES NOT CONTACT 911 OR GUARANTEE AN IMMEDIATE RESPONSE. IF YOU OR ANOTHER PERSON MAY BE IN DANGER OR NEED URGENT MEDICAL, POLICE, OR FIRE ASSISTANCE, CALL 911 FIRST.**
The SOS feature may send information such as the Assist reference, sender identity, time, contact details, and available coordinates to MomentAssist administrators. Delivery may fail or be delayed. In an emergency, call 911 first.
If you provide emergency-contact information, you represent that you have permission to provide and use it for the stated safety purpose.
Customers and Assistants must use reasonable judgment, meet in lawful and reasonably safe locations, follow venue rules, avoid dangerous instructions, and leave or cancel if conditions appear unsafe.
16. Reviews, Complaints, and Disputes
Reviews must be honest, relevant, and based on a genuine Assist. MomentAssist may remove reviews that are fraudulent, retaliatory, abusive, discriminatory, unlawful, irrelevant, or disclose sensitive personal information.
Customers and Assistants may submit complaints through the Platform. MomentAssist may review Assist records, communications, payment records, location information, media-review history, and other relevant evidence.
MomentAssist may request additional information and may resolve a complaint by explanation, warning, account action, media resubmission, fund release, refund, or another reasonable remedy. Platform complaint decisions do not eliminate rights that cannot lawfully be waived.
17. Assistant Earnings and Withdrawals
Assistant earnings are credited to the Assistant Wallet according to the applicable service and settlement workflow.
Assistants may request withdrawal only when:
- at least $25 in eligible earnings is requested;
- sufficient earnings are available, have been credited for at least 21 days,
and are not held or reserved for a complaint, reversal, or another withdrawal;
- Stripe Connect account onboarding is complete;
- Stripe has enabled payouts to a verified bank account for the connected
account;
- the U.S. tax information required by Stripe for the connected account is
complete; and
- the account remains eligible.
The current minimum withdrawal is $25. Eligible earnings generally become
withdrawable 21 days after they are credited, subject to complaint holds,
reversals, reserves, and other rules disclosed in the Platform. A third-party
payout service fee is deducted from the requested amount and paid by the
Assistant. The applicable fee and estimated net payout will be shown before the
Assistant confirms a withdrawal request. Third-party fees and provider
availability may change prospectively.
MomentAssist uses Stripe Connect for current Assistant payout onboarding and
withdrawals. Stripe's hosted onboarding may require the Assistant to provide
Stripe with a legal name, date of birth, address, telephone number,
government-issued identification, Social Security number, Employer
Identification Number or other taxpayer identifier, tax classification, and
bank-account information. This information is provided directly to Stripe at
the payout stage, not through MomentAssist account registration. MomentAssist
receives Stripe account identifiers, completion and requirements statuses, and
limited bank descriptors and transaction information needed to show payout
readiness, initiate approved withdrawals, and reconcile transfers and payouts.
After MomentAssist approves an eligible withdrawal, MomentAssist transfers the
applicable funds to the Assistant's Stripe connected account, and Stripe sends
the payout to the Assistant's eligible bank account under Stripe's rules and
timing. Withdrawals remain subject to identity and tax verification, sanctions
screening, banking rules, provider terms, reversals, returns, and delays. A
failed or returned payout may be restored to the Assistant Wallet after
applicable fees and adjustments.
Some Assistants may have historical records from MomentAssist's former Stripe
Global Payouts workflow. Migration to Stripe Connect creates a separate
connected account and may require the Assistant to reconfirm identity, tax, and
bank information. Historical provider accounts and payout records may remain
separate and be retained for reconciliation, tax, accounting, dispute, and legal
purposes.
Assistants are responsible for taxes, registrations, licenses, expenses, insurance, and reporting arising from their services and earnings, except amounts MomentAssist is legally required to collect, withhold, or report.
18. Relationship Between MomentAssist and Assistants
Assistants choose whether to go online, which eligible requests to accept, and how to perform lawful services consistent with the agreed result, safety rules, and these Terms.
The parties intend that Assistants provide services as independent service providers and not as employees, agents, partners, or joint venturers of MomentAssist. This description does not override worker-classification law; legal status depends on the actual relationship and applicable law.
Assistants have no authority to bind MomentAssist or make promises on MomentAssist’s behalf.
19. Prohibited Conduct and Content
You may not:
- use the Platform for unlawful, fraudulent, deceptive, exploitative, or dangerous activity;
- submit false identity, eligibility, payment, payout, or service information;
- discriminate against, threaten, stalk, harass, assault, or exploit another person;
- arrange off-platform payment to avoid fees or safeguards;
- share another user’s personal information without authorization;
- photograph or record where prohibited or without required consent;
- upload intimate, exploitative, hateful, violent, infringing, malicious, or illegal content;
- sexualize or exploit a minor;
- interfere with dispatch, location, payment, review, moderation, or security controls;
- scrape, reverse engineer, attack, overload, or misuse the Platform; or
- use Platform content or user media to train artificial-intelligence systems without express written authorization from all necessary rights holders.
MomentAssist may report suspected illegal activity or immediate threats to appropriate authorities.
20. Third-Party Services
The Platform depends on third-party services, which may include payment and payout processors, cloud hosting and storage, maps and location services, authentication providers, push-notification providers, protected-calling providers, email providers, malware scanning, and media moderation.
Your use of a third-party feature may also be governed by that provider’s terms and privacy policy. MomentAssist is not responsible for a third party’s independent services, outages, or acts, except as required by law.
21. Intellectual Property
Except for user content and third-party materials, MomentAssist owns or licenses the Platform, software, design, text, trademarks, logos, and related intellectual property.
MomentAssist grants you a limited, personal, revocable, nonexclusive, nontransferable license to use the Platform for its intended purpose while your account is active and compliant.
You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative products from the Platform except where applicable law expressly permits it.
22. Suspension, Termination, and Account Deletion
MomentAssist may restrict, suspend, or terminate access for fraud, safety risk, unlawful conduct, nonpayment, document problems, policy violations, repeated complaints, provider restrictions, or risk to the Platform or others.
You may request account deletion in the app. Before deletion, you must finish or cancel active and scheduled Assists, pay outstanding amounts, settle Wallet balances, and complete pending withdrawals.
Account deletion removes authentication access, profile media, Assistant documents, payout links, and direct identifiers according to the Platform’s deletion process. MomentAssist may retain anonymized Assist, payment, complaint, safety, and accounting records where reasonably necessary or legally required.
Sections that by their nature should survive termination—including payment obligations, content rights, disclaimers, limitations, indemnity, and dispute terms—remain effective.
23. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” MOMENTASSIST DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE.
MOMENTASSIST DOES NOT WARRANT THE CONDUCT, IDENTITY, SKILL, EQUIPMENT, AVAILABILITY, SAFETY, OR QUALITY OF ANY CUSTOMER OR ASSISTANT; THE LEGALITY OR SUITABILITY OF A LOCATION; OR THAT ANY MEDIA WILL CAPTURE A PARTICULAR PERSON, EVENT, MOMENT, OR QUALITY.
Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
24. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOMENTASSIST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, DATA, MEDIA, OPPORTUNITY, OR GOODWILL; PERSONAL DISAPPOINTMENT; OR THE ACTS OR OMISSIONS OF USERS OR THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOMENTASSIST’S TOTAL LIABILITY ARISING FROM A PARTICULAR ASSIST WILL NOT EXCEED THE GREATER OF (A) THE PLATFORM FEES MOMENTASSIST RECEIVED FOR THAT ASSIST OR (B) $100.
These limitations do not apply where prohibited, including to liability that cannot lawfully be limited.
25. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless MomentAssist and its affiliates, officers, directors, employees, and agents from claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable attorneys’ fees arising from:
- your violation of these Terms or law;
- your conduct during an Assist;
- your content, instructions, equipment, or use of media;
- your failure to obtain required permissions or releases;
- your infringement or violation of another person’s rights; or
- taxes, permits, licenses, or obligations for which you are responsible.
MomentAssist will provide reasonable notice of an indemnified claim and may control its defense.
26. Governing Law, Binding Arbitration, and Class-Action Waiver
A. Important notice
**PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE LIMITED EXCEPTIONS BELOW, YOU AND STARLYPATH, INC. AGREE TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION INSTEAD OF A LAWSUIT IN COURT. YOU AND STARLYPATH, INC. EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.**
Arbitration is a private dispute-resolution process before a neutral arbitrator. It is less formal than court, discovery and appeal rights may be more limited, and an arbitration award is generally final and enforceable in court.
B. Informal dispute resolution
Before starting arbitration, either party must send a written notice describing the dispute and requested relief. Notices to MomentAssist must be sent to `support@momentassist.com` with the subject “Notice of Dispute” and by mail to the address in Section 29. A notice from MomentAssist will be sent to the email or mailing address associated with the user’s account.
The parties will attempt in good faith to resolve the dispute for 30 days after receipt. A limitations period and filing-fee deadline will be tolled during that 30-day period where permitted by law. Either party may proceed sooner when urgent injunctive relief is reasonably necessary.
C. Agreement to arbitrate
If the dispute is not resolved informally, you and StarlyPath, Inc. mutually agree that any dispute, claim, or controversy arising out of or relating to the Platform, an Assist, these Terms, the Privacy Policy, communications, payments, media, your relationship with MomentAssist, or the formation, validity, scope, interpretation, or enforceability of this arbitration agreement will be resolved by binding individual arbitration.
This agreement applies to claims based in contract, statute, regulation, ordinance, tort, fraud, misrepresentation, or any other legal or equitable theory, whether arising before or after acceptance of these Terms.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. California law applies to issues not governed by federal law.
D. Arbitration administrator and procedure
Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section. The rules are available at `https://www.adr.org/consumer`.
A single neutral arbitrator will conduct the arbitration. The proceeding may be conducted by documents, telephone, videoconference, or an in-person hearing reasonably convenient to the Customer or Assistant, consistent with the AAA rules and applicable law.
The arbitrator may award the same individual remedies that a court could award under applicable law, including damages, declaratory relief, and individual injunctive relief. The arbitrator will issue a reasoned written decision. A court with jurisdiction may enter judgment on the award.
E. Arbitration fees
AAA filing, administration, hearing, and arbitrator fees will be allocated under the AAA Consumer Arbitration Rules and applicable law. StarlyPath, Inc. will pay the amounts it is required to pay under those rules and applicable law. The arbitrator may award fees or costs only when authorized by applicable law or the AAA rules.
F. Exceptions
This arbitration agreement does not require arbitration of:
- an individual claim properly brought in small-claims court, so long as it remains individual;
- a request for public injunctive relief where applicable law makes the right to seek that relief in court non-waivable;
- a claim that federal law permits a person alleging sexual assault or sexual harassment to elect to bring in court;
- a report, charge, or complaint submitted to a government agency, although claims for individual relief may remain subject to arbitration where lawful; or
- a request for temporary emergency relief from a court to protect personal safety, confidential information, account security, or intellectual property while arbitration is pending.
Questions about whether an exception applies will be decided by a court unless applicable law requires otherwise.
G. Individual proceedings and class-action waiver
All claims must be brought only in an individual capacity. Neither party may bring or participate in a class, collective, coordinated, consolidated, mass, or representative action or arbitration, except where this restriction is prohibited by law.
The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. The arbitrator may not combine claims of different people without the written consent of all parties.
H. 30-day right to opt out
You may opt out of this arbitration agreement without affecting your account or access to the Platform. To opt out, send a written notice within 30 days after you first accept these Terms:
- by email to `support@momentassist.com` with the subject “Arbitration Opt-Out”; or
- by mail to the address in Section 29.
Your notice must include your full name, the email address or verified telephone number associated with your account, whether you are a Customer or Assistant, and an unambiguous statement that you opt out of the arbitration agreement. Do not include your Social Security number, card number, bank-account number, or password.
An opt-out applies only to the person identified in the notice. If you timely opt out, neither you nor StarlyPath, Inc. will be bound by this Section for disputes between you, but the remaining Terms will continue to apply.
I. Severability
If a portion of this Section is found unenforceable, it will be severed or limited to the minimum extent necessary and the remainder will remain effective. However, if the prohibition on class or representative arbitration is found unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court after all arbitrable matters are completed.
J. Governing law and court venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs this arbitration agreement.
For disputes or proceedings not subject to arbitration, and for court proceedings concerning arbitration, exclusive venue will lie in the Superior Court of California, County of Los Angeles, or the United States District Court for the Central District of California, as applicable. Each party consents to personal jurisdiction in those courts, subject to rights that cannot lawfully be waived.
27. Changes to the Platform or Terms
MomentAssist may modify the Platform and these Terms. We will provide notice of material changes as required by law, such as through the app, website, or email. Changes apply prospectively from the stated effective date.
If you do not agree to revised Terms, you must stop using the Platform. Continued use after the effective date constitutes acceptance where permitted by law.
28. General Terms
If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain effective.
MomentAssist’s failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. MomentAssist may assign them in connection with a merger, financing, reorganization, sale of assets, or operation of the Platform.
These Terms, the Privacy Policy, booking disclosures, service rules, and policies expressly incorporated by reference form the entire agreement regarding the Platform.
29. Contact
StarlyPath, Inc. d/b/a MomentAssist
1775 Ohio Ave Unit 218
Long Beach, CA 90804-1559
United States
Email: `support@momentassist.com`
Website: `https://momentassist.com`