Last updated: 22 April 2026
These Terms of Service (Terms)form a binding agreement between you (the Customer, you, your) andMoment Events Pty Ltd (ABN 56 681 924 470) of 88 Langridge St, Collingwood,Melbourne VIC 3066 (Moment, we, us,our).
By ticking the “I agree to theTerms and Conditions” box at checkout, completing payment, or otherwiseaccessing or using the Moment platform, you agree to be bound by these Terms.If you are entering into these Terms on behalf of an organisation, you confirmthat you have authority to bind that organisation, and “you” means thatorganisation.
If you do not agree to theseTerms, do not use the Moment platform.
• App means the Moment mobile and web applicationand associated backend systems.
• Attendee means an end user of the App, includingbut not limited to people attending or interested in an Event.
• Customer Content means all content, data, andmaterials you upload, enter, or otherwise make available through the App inconnection with a Moment, including artist lineups, schedules, venueinformation, maps, bios, images, descriptions, and related event information.
• Event means the event for which a Moment iscreated, described by the start and end dates you enter in the App.
• Fees means the fees payable by you for use ofthe Platform, as set out at checkout at the time of purchase.
• Moment (as a noun) means the event record youcreate, configure, and publish using the App.
• Platform means the Moment software-as-a-serviceoffering, including the App and any related services provided by us.
• Tier means the subscription level you select atcheckout, which determines the features, functions, and usage limits applicableto your Moment.
Subject to these Terms and yourpayment of the applicable Fees, we grant you a non-exclusive, non-transferable,limited-term licence to use the Platform to create, configure, publish, andoperate one Moment for one Event, in accordance with the Tier you purchase.
Your licence covers use of thePlatform features that are available for your Tier at the time of purchase. Wemay release new features or modules from time to time. Access to such featuresmay require separate activation, configuration, or additional fees.
You must not:
• use the Platform for any event or purpose other thanthe Event for which it was purchased;
• reverse engineer, decompile, disassemble, or attempt toderive the source code of the App or backend system;
• copy, modify, create derivative works of, or sublicenseaccess to the Platform or any part of it;
• use the Platform to store, transmit, or make availableany content that is unlawful, defamatory, offensive, misleading, infringing, orin breach of any third party’s rights;
• interfere with, disrupt, or attempt to gainunauthorised access to the Platform or any systems or networks connected to it;
• use the Platform in a way that materially exceeds theusage limits of your Tier (see clause 6); or
• resell, rent, or otherwise commercially exploit thePlatform without our prior written consent.
Fees are as displayed atcheckout at the time of purchase. All prices shown on the Platform are inAustralian Dollars and are inclusive of Australian Goods and Services Tax (GST)where applicable.
Fees are payable in full atcheckout via our third-party payment processor. Your Moment will not bepublished until payment is received in full. By submitting payment details, youauthorise us and our payment processor to charge the applicable Fees to yournominated payment method.
A tax invoice will be issued tothe email address you provide at checkout. If you are an AustralianGST-registered business and provide a valid Australian Business Number (ABN) atcheckout, your ABN will be included on the tax invoice to enable you to claiminput tax credits. Provision of an ABN does not remove the GST component.
For customers outsideAustralia, GST will not be applied except where the Platform is used inconnection with an Event physically located in Australia, in which caseAustralian GST may still apply.
If you are located outsideAustralia, you are responsible for determining and complying with your ownlocal tax obligations (including but not limited to EU VAT, US sales tax, andany other applicable taxes). Moment does not collect or remit taxes on behalfof non-Australian Customers beyond Australian GST where applicable.
We may change our Fees at anytime. Price changes will not affect Moments already purchased, but will applyto any new purchases.
From the time you create aMoment, you have access to the builder environment to configure your Moment.Preview access for a given Moment continues until the end of the access periodfor that Moment (as set out below).
Your published Moment will beaccessible to Attendees from the time you choose to publish it, through theEvent’s start and end dates as entered by you in the builder, and for 30 daysfollowing the Event end date (Post-Event Tail).
In this version of thePlatform, the duration between the Event start date and Event end date enteredin the builder must not exceed 30 days. Ongoing, recurring, or multi-yearEvents are not supported in this version and may be offered as a separate productin future.
You are responsible forentering accurate Event dates at the time of publication. Changing Event datesafter publication does not extend your access period without our writtenagreement, and we may reject date changes that we reasonably believe are intendedto extend access beyond what was paid for.
After the Post-Event Tail, yourMoment will be archived. Archived Moments are no longer editable and may not beaccessible to Attendees in the same form, but associated data will be retainedas set out in clause 10.
Each Tier has limits on thenumber of Attendees that may access your Moment. The applicable limit isdisplayed at checkout and recorded in your purchase record.
If usage of your Momentmaterially exceeds the Attendee limit of your selected Tier during the Event,we reserve the right, at our discretion, to: (a) allow usage to continue andinvoice you for the difference between your Tier and the Tier that would havematched actual usage; or (b) throttle, limit, or suspend access until youupgrade to an appropriate Tier. Where practicable, we will notify you beforetaking action under this clause.
We may monitor usage of thePlatform for the purposes of tier compliance, service performance, security,and the generation of aggregated analytics (including Attendee movement andheatmap data, as described in clause 8).
You retain all rights, title,and interest in and to your Customer Content. Nothing in these Terms transfersownership of your Customer Content to us.
You grant us a worldwide,non-exclusive, royalty-free licence to host, store, reproduce, display,transmit, and otherwise use your Customer Content for the purposes of:
• providing the Platform to you and to Attendees;
• operating, maintaining, improving, and developing thePlatform;
• making your Moment and summary information about yourEvent discoverable on the Platform, both during the access period and after theEvent has ended, with attribution to you as the source; and
• performing our obligations under these Terms.
This licence continues afterthe Event ends and after your active access period, to enable us to maintainthe Platform catalogue and to provide Attendees with continued reference topast Events.
You may request removal ofspecific Customer Content at any time by writing to support@momentevents.co. Wewill action removal requests within 30 days of receipt, subject to any legalretention obligation and the minimum retention period in clause 10.1. Whereyour removal request relates to personal data of third parties (such as artistbios, photos, or contact details) and is made in connection with a dataprotection obligation, we will prioritise the request.
You represent and warrant that:
• you own or have the necessary rights, licences,consents, and permissions to upload your Customer Content to the Platform andto grant us the licence in clause 7.2;
• your Customer Content does not infringe any thirdparty’s intellectual property, privacy, or other rights;
• your Customer Content is accurate and not misleading;and
• your Customer Content complies with all applicablelaws.
We may, at our reasonablediscretion, suspend, disable, or remove any Customer Content that we believe isoffensive, defamatory, illegal, infringing, or in breach of these Terms, withor without notice to you.
Attendees interact directlywith the Platform when using the App. Their use of the App is governed by ourseparate End User Terms (available at momentevents.co/end-user-terms) and ourPrivacy Policy (available at momentevents.co/privacy). We (Moment) own andoperate the relationship with Attendees as users of the Platform.
Data generated by Attendeesthrough their use of the App — including account information, preferences,interactions, and usage data — is collected and handled by us in accordancewith our Privacy Policy. As between you and us, such Attendee data is our data.We may provide you with access to aggregated or de-identified analyticsrelating to Attendees of your Moment, at our discretion.
Where Attendees consent tomovement tracking within the App, we may collect location and movement pathdata for the purpose of generating aggregated heatmap analytics. This data isprocessed and aggregated by Moment. We may share aggregated movement heatmapswith you in relation to your Event, showing general Attendee flow patterns,popular areas, and venue usage. This data is provided in aggregated form onlyand cannot identify individual Attendees. We apply minimum aggregationthresholds to prevent the re-identification of individuals, particularly atsmaller events.
Information you provide to usas a Customer (including account details, billing information, and CustomerContent) is handled in accordance with our Privacy Policy and applicableprivacy law, including the Australian Privacy Act 1988 (Cth), the AustralianPrivacy Principles, and (where applicable) the EU/UK GDPR and US state privacylaws.
If you collect or processpersonal information of Attendees or others in connection with your Eventoutside the Platform (for example, via your own ticketing system, mailinglists, or other channels), you are solely responsible for complying withapplicable privacy laws in relation to that information.
Where the Platform processespersonal data of EU/UK Attendees in connection with your Event, Moment acts asthe data controller for Attendee data collected through the App. You remain anindependent data controller for any personal data you collect outside thePlatform. Nothing in these Terms creates a joint controller or processorrelationship between you and Moment in respect of Attendee data collectedthrough the App.
We own, and retain all rights,title, and interest in and to, the Platform, including the App, backendsystems, designs, software, documentation, and any improvements, enhancements,features, or derivative works developed by or for us. No rights are granted toyou other than the limited licence expressly set out in these Terms.
If you provide us withfeedback, suggestions, or ideas about the Platform, you grant us a perpetual,worldwide, royalty-free, irrevocable licence to use that feedback for anypurpose, without obligation to you.
You grant us the right toidentify you as a Customer of Moment and to use your name, logo, Event name,and screenshots or references to your Moment for promotional and marketingpurposes, including on our website, in pitch decks, case studies, and socialmedia.
You may withdraw this consentat any time by written notice to us. Upon receiving your opt-out notice, wewill remove your identifying materials from active marketing materials within90 days. We will use reasonable endeavours to remove references from materialswithin our control, though third-party platforms and cached or archived contentmay retain references beyond this period.
We will retain Customer Contentand related Moment data for a minimum of 180 days after the end of yourPost-Event Tail, to enable export upon written request.
You may request an export ofyour Customer Content by writing to us at support@momentevents.co. We will usereasonable endeavours to provide the requested data in a reasonable format, andmay charge a reasonable fee for complex or out-of-ordinary-course exportrequests.
Access to Customer Contentbeyond the 180-day period may be available at our discretion and subject toapplicable fees.
If you cancel your Momentbefore the start date of your Event, you may be eligible for a pro-rata refundof Fees paid, calculated from the date of cancellation and taking into accountany period during which your Moment has been available for use. Refunds underthis clause are at our reasonable discretion and will be processed within areasonable time.
No refund is available forMoments that have been accessed or used by Attendees, or for any period afterthe Event start date.
No refund is available where weterminate your access under clause 13 due to your breach of these Terms.
This clause 11 does not limitor exclude any rights you may have under the Australian Consumer Law. Our goodsand services come with guarantees that cannot be excluded, and you may beentitled to a remedy (including a refund) for a major failure of service, orcompensation for any other reasonably foreseeable loss or damage.
Support is available by emailto support@momentevents.co. We will use reasonable endeavours to respond duringbusiness hours, Australian Eastern Standard Time, Monday to Friday, excludingVictorian public holidays. No specific service levels or response times areguaranteed.
We aim to keep the Platformavailable but do not warrant or guarantee uninterrupted, error-free, orfault-free operation. The Platform may be unavailable from time to time due tomaintenance, upgrades, third-party service failures, or other causes. We willuse reasonable endeavours to provide advance notice of planned downtime.
Maintenance includes changesrequired to keep the App functional on currently supported Android and iOSdevices and compliant with Google Play Store and Apple App Store policies. Itdoes not include new feature development, changes to design or user interface,or resolution of issues caused by Customer Content.
You may stop using the Platformat any time. This does not entitle you to a refund except as provided in clause11.
We may suspend or terminateyour access to the Platform, with reasonable notice, if you materially breachthese Terms and fail to remedy the breach within 14 days of written notice(where the breach is capable of being remedied).
We may suspend or terminateyour access immediately, without prior notice, if:
• you breach clauses 3.3 (Prohibited use), 7.3 (CustomerContent warranties), or 8 (Attendees and Data) in a way that we reasonablyconsider serious;
• you use the Platform for unlawful, fraudulent,defamatory, offensive, or misleading purposes;
• we are required to do so by law or by a court,regulator, or third-party platform (including Google Play or the Apple AppStore); or
• we reasonably believe your continued use of thePlatform poses a material risk to us, other customers, Attendees, or theintegrity of the Platform.
On termination or suspension,your right to access and use the Platform ends. Clauses that by their natureshould survive termination will survive, including clauses 7 (licences relatingto Customer Content), 9 (Intellectual Property), 10 (Data Retention andExport), 11 (Refunds), 14 (Warranties), 15 (Liability), 16 (Indemnity), and 21(Governing Law).
Except as expressly stated inthese Terms and to the maximum extent permitted by law, the Platform isprovided on an “as is” and “as available” basis. We make no warranties, expressor implied, including as to merchantability, fitness for a particular purpose,non-infringement, accuracy, or reliability.
Nothing in these Termsexcludes, restricts, or modifies any consumer guarantee, right, or remedyconferred by the Australian Consumer Law or any other applicable law thatcannot be excluded, restricted, or modified by agreement. Where we arepermitted to limit our liability for a breach of a consumer guarantee, ourliability is limited, at our option, to: (a) the supply of the services again;or (b) payment of the cost of having the services supplied again.
To the maximum extent permittedby law, we are not liable to you for any indirect, incidental, special, orconsequential loss or damage, or for any loss of profits, loss of revenue, lossof business opportunity, loss of goodwill, loss of data, or loss of reputation,arising out of or in connection with these Terms or your use of the Platform,even if we have been advised of the possibility of such loss or damage.
Subject to clause 14.2, ourtotal aggregate liability to you under or in connection with these Terms,whether in contract, tort (including negligence), under statute, or otherwise,is limited to the total Fees paid by you in the three (3) months preceding theevent giving rise to the claim.
You acknowledge that:
• we do not guarantee uninterrupted access to, orerror-free operation of, the Platform;
• we are not responsible for the accuracy, completeness,legality, or consequences of Customer Content;
• we are not responsible for the availability,performance, or security of any third-party services integrated with thePlatform; and
• it is your responsibility to back up any importantcontent and to verify Event information before publication.
You indemnify us and ourofficers, employees, and agents against all loss, damage, cost, and expense(including reasonable legal costs) arising out of or in connection with:
• your breach of these Terms;
• your Customer Content or any claim that your CustomerContent infringes any third party’s rights or breaches any law;
• your use of the Platform in a manner not authorised bythese Terms; or
• any misrepresentation you make to us or to Attendees.
Your liability under thisindemnity is limited to direct losses and is capped at the total Fees paid byyou for the Moment giving rise to the claim.
The Platform integrates with,or relies on, third-party services to deliver its features. These include:
• Google Cloud Platform — cloud hosting anddatabase infrastructure;
• Firebase — analytics (Firebase Analytics), crashreporting (Firebase Crashlytics), and push notifications (Firebase CloudMessaging);
• Stripe — payment processing;
• Mapbox — mapping services (where selected as themapping provider for an event);
• OpenStreetMap — mapping services (where selectedas the mapping provider for an event);
• Google Play and Apple App Store — appdistribution and compliance.
The choice of mapping provider(Mapbox or OpenStreetMap) is configured by you for each Event. Your choicedetermines which third-party mapping service processes Attendee device data(including IP addresses and map viewport information) when Attendees use theevent map.
We are not responsible for theavailability, performance, or conduct of third-party services, and your use ofthem may be subject to their own terms and privacy policies.
We are not liable for anyfailure or delay in performing our obligations under these Terms to the extentcaused by circumstances beyond our reasonable control, including acts of God,natural disasters, government restrictions, war, civil unrest, pandemics,industrial action, internet or telecommunications failures, third-partyplatform restrictions, or cyber incidents.
We may update these Terms fromtime to time. The current version will always be available atmomentevents.co/terms-of-service, with the “Last updated” date at the top. Yourcontinued use of the Platform after changes are posted constitutes acceptanceof the updated Terms.
For changes that materiallyaffect your rights or obligations, we will give you reasonable advance noticeby email to the address associated with your account and an in-Platform notice.If you do not agree to a material change, your sole and exclusive remedy is tostop using the Platform.
Changes to these Terms will notretrospectively alter the commercial terms of Moments already purchased(including Fees, Tier inclusions, and access period), except where required bylaw.
These Terms, together with ourPrivacy Policy and any other documents expressly referenced, form the entireagreement between you and us in relation to the Platform and supersede anyprior agreements, representations, or understandings.
Where we have entered into aseparately signed written agreement with you in relation to the Platform(including enterprise agreements), that agreement prevails over these Terms tothe extent of any inconsistency.
If any provision of these Termsis found to be invalid or unenforceable, that provision will be severed and theremainder will continue in full force and effect.
A failure or delay by us toexercise any right under these Terms is not a waiver of that right.
You may not assign or transferyour rights or obligations under these Terms without our prior written consent.We may assign or transfer our rights and obligations, including in connectionwith a sale, merger, or restructure of our business.
Formal notices under theseTerms must be in writing. Notices to us must be sent tosupport@momentevents.co. Notices to you will be sent to the email addressassociated with your account. Notices sent after 5:00pm AEST are deemedreceived on the next business day.
These Terms are governed by thelaws of Victoria, Australia. You and we submit to the exclusive jurisdiction ofthe courts of Victoria and the Commonwealth courts exercising jurisdiction inVictoria.
If a dispute arises between youand us in connection with these Terms, the parties will first attempt toresolve it through good-faith discussion. If the dispute is not resolved within30 days of written notice from one party to the other, either party maycommence legal proceedings.
Questions about these Terms canbe sent to support@momentevents.co.
Privacy-related questions,requests, or complaints should be directed to privacy@momentevents.co.
Moment Events Pty Ltd (ABN 56681 924 470)
88 Langridge St, Collingwood,Melbourne VIC 3066