Version 2 · Effective: May 6, 2026
This is an initial production version. We periodically review and update these Terms as the platform grows. Material changes are surfaced to you on your next sign-in.
These Terms of Service ("Terms") apply to consumers — parents, family members, friends, athletes, and other end users — who view, purchase, or download photographs through the MomentPix platform. If you are a photographer or platform-staff user, separate Terms apply to those roles.
By creating an account, signing in, or completing a purchase, you agree to these Terms. Please read them.
You must be at least 18 years old, or the age of legal majority in your place of residence, to create a consumer account or place an Order. If you are placing an Order on behalf of a minor in your care, you do so as the parent or legal guardian.
You are responsible for keeping your account credentials secure and for activity that occurs under your account. You agree to provide accurate, current information when you sign up. If you believe your account has been compromised, contact support@momentpix.com promptly and we will assist.
We use email-based "magic link" sign-in for most consumer accounts. Sign-in links are time-limited and single-use. Treat them like passwords — anyone who has the link can sign in.
For events photographed directly by MomentPix, MomentPix is the seller and provider of the photographs. For events photographed by an independent Photographer using the Platform, MomentPix provides the technology that hosts, delivers, and processes payments for the Photographer's photographs; the Photographer is the seller and the merchant of record for those Orders, and the photographer's published refund and licensing policies for that gallery apply.
In either case, MomentPix is responsible for operating the Platform itself — it is not a substitute for the legal relationship between you and the Photographer covering the photographs themselves.
Galleries may be public, password-protected, or restricted to invited consumers using an access code. Sharing an access code allows others to view (and, if applicable, purchase from) the gallery; please share thoughtfully.
Access to a gallery does not grant ownership of any photograph. Downloading a sample, screenshot, or preview image is not a purchase and does not grant a license to use the photograph.
Prices, available products, and shipping options are displayed at the time of Order. Prices may include applicable taxes and shipping; if not, the additional amounts are shown before checkout. We accept the payment methods presented at checkout (typically major credit and debit cards via our payment processor; some galleries accept Apple Pay, Google Pay, or other methods).
By placing an Order you authorize us (or, for Photographer-led events, the Photographer's account through our payment processor) to charge the payment method you provided for the Order amount.
Digital downloads are generally non-refundable once the download has been initiated, because the digital file has been delivered. We may, at our discretion or the Photographer's, issue a refund for a digital Order in cases of duplicate purchase, technical failure, or other good-faith reasons.
Physical products (prints, albums, gifts) may be returned or refunded according to the policy posted on the gallery or product page at the time of Order. If a physical product arrives damaged or defective, contact support@momentpix.com within 14 days of delivery and we will work with you to resolve it.
If a charge appears on your statement that you do not recognize, please contact us at support@momentpix.com before disputing the charge with your bank. Many disputes are simply unfamiliar billing descriptors and are resolved quickly without a chargeback.
When you purchase a digital download, the Photographer (or, for MomentPix-photographed events, MomentPix) grants you a non-exclusive, non-transferable, personal-use license to the photograph. That means you can:
It does not mean you can:
Copyright in each photograph remains with the Photographer (or, where applicable, MomentPix). If you would like a different license — for example, a small-business commercial license — please contact the Photographer or support@momentpix.com.
You agree not to:
We may suspend or terminate accounts that violate these rules.
You may submit content to the Platform — for example, a support message, a review, or a customer-service note. You retain ownership of anything you submit. By submitting it, you grant MomentPix a worldwide, royalty-free, non-exclusive license to use it for the purpose for which you submitted it (responding to your support request, displaying your review, etc.). You represent that you have the rights to grant that license.
We respect the intellectual-property rights of others. If you believe a photograph or other content on the Platform infringes your copyright, send a written notice to legal@momentpix.com containing the elements required by 17 U.S.C. § 512(c)(3) (a description of the work, the location on the Platform, your contact information, a statement of good-faith belief, and a sworn statement). We will respond consistent with the Digital Millennium Copyright Act, including removing or disabling access to the content if appropriate.
THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE COMPLETE OR ACCURATE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOMENTPIX AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MOMENTPIX IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the limitations above apply only to the extent permitted.
You agree to defend, indemnify, and hold harmless MomentPix and its officers, employees, and agents from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) content you submit; (c) your violation of these Terms; or (d) your infringement of any third-party right.
You may close your account at any time by contacting support@momentpix.com or by using the in-product close-account flow. We may suspend or terminate your account if you materially breach these Terms, if required by law, or if continued operation would expose us to legal or security risk. Sections that by their nature should survive termination — including license grants, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to the dispute-resolution provisions in Section 17, the state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction over any dispute that is not subject to arbitration, and you and we consent to that jurisdiction and venue.
Informal resolution first. If you have a concern, please contact support@momentpix.com first. Most issues can be resolved quickly that way.
Binding arbitration. Any dispute that is not resolved informally and that arises out of or relates to these Terms or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will be conducted in Miami-Dade County, Florida, or by video conference, at the consumer's election. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
Class-action waiver. YOU AND MOMENTPIX EACH AGREE THAT DISPUTES WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
30-day opt-out. You may opt out of this Section 17 by sending written notice to legal@momentpix.com within 30 days of first creating your account, stating that you opt out of arbitration. Opting out does not affect any other part of these Terms.
Carve-outs. Either party may bring an individual action in small-claims court for any dispute within that court's jurisdiction. Either party may also seek injunctive or other equitable relief in court for the alleged misuse of intellectual property.
We may update these Terms as the Platform evolves. The version number and effective date appear at the top. Material changes are presented to authenticated users for re-acceptance on next sign-in. Continued use after the effective date constitutes acceptance.
These Terms, together with the Privacy Policy and any Order-specific terms shown at checkout, are the entire agreement between you and MomentPix regarding the Platform. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to MomentPix should be sent to legal@momentpix.com or to the Miami address below; notices from MomentPix to you may be sent to the email associated with your account.
MomentPix, LLC Miami, Florida Email:
support@momentpix.com(general) ·legal@momentpix.com(legal notices)