MomoMineral AI - Terms of Service

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1. Service Description

MomoMineral AI is a mobile application that uses artificial intelligence to help identify minerals from photographs. The service provides:

• AI-powered mineral identification
• Digital collection management
• Detailed mineral information from Mindat database
• Multiple subscription tiers with varying features
• Optional business features for commercial users (Business tier only)

The app operates locally on your device with cloud-based AI processing for identification.

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2. Subscription Terms

MomoMineral AI offers multiple subscription tiers:

• Free: 3 identifications per day (1 free + 2 via ads)
• Prospector ($4.99/month): 200 identifications/month, 30 Recognition Plus uses
• Geologist Pro ($9.99/month): 500 identifications/month, 100 Recognition Plus uses
• Business ($29.99/month): 1200 identifications/month, 500 Recognition Plus uses, commercial license, AI card generation, Shopify integration

Auto-Renewal

• Subscriptions automatically renew unless canceled at least 24 hours before the current period ends
• Your Apple account will be charged within 24 hours prior to the end of the current period
• You can manage and cancel subscriptions in your Apple ID Account Settings

Refunds and Cancellations

• All payments are processed through Apple App Store
• Refund requests must be submitted to Apple according to their policies
• No refunds for partial subscription periods
• Cancellation takes effect at the end of the current billing period

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3. Commercial Use Restrictions

Prohibited Commercial Activities (Free/Prospector/Geologist tiers):

• Selling identified minerals online or in retail
• Using the app for business mineral inventory
• Generating product listings for commercial sale
• Providing paid identification services to third parties
• Any use in connection with profit-generating activities

Business Tier Commercial Rights:

• Commercial mineral dealing and sales
• Integration with Shopify for online stores
• Professional specimen card generation
• Business photography and documentation
• Transaction recording for commercial purposes

Violation of commercial use restrictions may result in immediate termination of service without refund.

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4. User Responsibilities

You agree to:

• Provide clear, well-lit photos for best identification results
• Follow camera and photography best practices
• Use the service in accordance with your subscription tier
• Not attempt to circumvent usage limits or features
• Not reverse engineer, modify, or create derivative works
• Not share your subscription access with others
• Not use automated tools to access the service
• Not submit harmful, illegal, or inappropriate content
• Comply with all applicable laws and regulations

Photo Quality:

• You are responsible for taking quality photos
• Poor photo quality may result in incorrect identifications
• Follow in-app guidance for best photography practices

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5. Service Limitations and Disclaimers

AI Accuracy Disclaimer:

• MomoMineral AI uses artificial intelligence for mineral identification
• AI identifications are NOT 100% accurate and should not be solely relied upon
• Results are estimates based on visual characteristics only
• Professional verification is recommended for important identifications
• We do not guarantee the accuracy, completeness, or reliability of any identification

Device Requirements:

• iPhone 11 or newer recommended for full camera features
• Older devices may have limited functionality
• Requires iOS 18.5 or later
• Internet connection required for AI processing

NO WARRANTY:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
• NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• NO WARRANTY OF UNINTERRUPTED OR ERROR-FREE SERVICE

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6. Privacy and Data

Data Collection and Storage:

• We do not collect personal information or require account registration
• All identification history is stored locally on your device
• Photos are processed temporarily via secure AI services and immediately deleted
• We cannot access your local data
• For complete privacy details, see our Privacy Policy

Third-Party AI Processing:

• Photos are sent to OpenAI for AI-powered identification
• Transmission is encrypted via HTTPS
• Photos are deleted immediately after processing
• Images are not used for training or stored permanently

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7. Third-Party Services

This app integrates with third-party services:

Apple App Store:

• All payments and subscriptions are processed by Apple
• Subject to Apple's Terms of Service
• Refunds and billing issues handled by Apple

AI Service Providers:

• OpenAI provides mineral identification processing
• Subject to OpenAI's Terms and Privacy Policy
• Photos transmitted via encrypted connections

Shopify Integration (Business Tier Only):

• Optional integration with Shopify e-commerce platform
• Requires separate Shopify account and API key
• Subject to Shopify's Terms of Service
• MomoMineral is not responsible for Shopify service issues

Mindat Database:

• Mineral information sourced from Mindat.org
• Subject to Mindat's terms and conditions

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8. Intellectual Property

App Ownership:

• MomoMineral AI is owned and operated by MomoMineral
• All app content, design, features, and functionality are proprietary
• Protected by United States and international copyright laws
• App name, logo, and trademarks are owned by MomoMineral

Your Content:

• You retain all rights to photos you submit for identification
• By using the service, you grant us a temporary license to process your photos for identification purposes only
• We do not claim ownership of your photos
• Photos are deleted after processing

Restrictions:

• You may not copy, modify, distribute, or reverse engineer the app
• You may not use our trademarks or branding without permission
• You may not create competing services using our intellectual property

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9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

No Liability for Incorrect Identifications:

• MomoMineral is NOT LIABLE for any damages resulting from incorrect mineral identifications
• Not liable for financial losses from mineral purchases or sales based on our identifications
• Not liable for any injuries or damages resulting from mineral handling based on app information

General Limitation:

• MomoMineral shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Not liable for lost profits, lost revenue, lost data, or business interruption
• Total liability shall not exceed the amount paid by you for the service in the past 12 months

Commercial Use (Business Tier):

• Business tier users assume all risks associated with commercial mineral sales
• Not liable for business losses or customer disputes
• Not liable for accuracy of auto-generated Shopify product information

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10. Termination

Your Rights:

• You may stop using the service at any time
• You may cancel your subscription via Apple Account Settings
• Cancellation takes effect at end of current billing period
• Deleting the app removes all local data

Our Rights:

We reserve the right to suspend or terminate access for:

• Violation of these Terms of Service
• Fraudulent or abusive behavior
• Commercial use on non-Business tiers
• Circumventing usage limits or features
• Any conduct harmful to the service or other users

Effect of Termination:

• Access to premium features ends immediately upon termination
• No refunds for partial subscription periods
• You must delete all app data from your device
• Surviving provisions (liability, intellectual property) remain in effect

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11. Governing Law and Disputes

Governing Law:

• These Terms are governed by the laws of the United States
• Disputes shall be resolved in accordance with United States federal and state laws
• You consent to jurisdiction in United States courts

Dispute Resolution:

• For any disputes, please contact us first at momo@momobeautyus.com
• We will attempt to resolve disputes informally before legal action
• You waive the right to participate in class action lawsuits
• Individual claims only

Modifications to Terms:

• We reserve the right to modify these Terms at any time
• Changes will be effective upon posting updated Terms in the app
• Continued use after changes constitutes acceptance
• Material changes will be notified via app update notes

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12. Contact Information

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