Terms, Privacy & Data Processing

1. Agreement & Acceptance

By creating an account or using Momiji, you agree to these Terms of Service and the Privacy Policy below. If you are accepting on behalf of an organization, you represent that you are authorized to bind that organization. If you do not agree, do not use the service.

If you reached a Momiji page from a business you deal with - a booking link, an arrival-tracking link, a document to sign, or a payment kiosk - you are not entering into this agreement. That business is our customer, it controls the information you provide, and section 12 explains how to reach it and us.

The current version of this document is always readable at momijisnow.com/legal, without signing in.

2. Accounts & Eligibility

You must be at least 18 and provide accurate registration information. You are responsible for safeguarding your credentials and for all activity under your workspace, including the actions of users you invite. Notify us promptly of any unauthorized access.

3. Subscriptions, Trials & Billing

Momiji is offered on subscription plans, billed in advance on a recurring basis until cancelled. New workspaces may receive a free trial; at the end of the trial, continued use requires a paid subscription. Fees are non-refundable except where required by law. We may change plan pricing on prospective renewals with reasonable notice. Cancelling stops future renewals; access continues through the paid period then ends.

4. Acceptable Use

You agree to use Momiji lawfully. You must not misuse, probe, or disrupt the service; reverse-engineer or resell it; or use it to send unsolicited or non-consented communications.

You must not put into Momiji, or send from it, content that:

• is unlawful, or infringes anyone's copyright, trademark, trade secret, privacy, or publicity rights;
• harasses, threatens, defames, or is designed to intimidate a person;
• contains malware, exploit code, or anything intended to damage a system or evade a security control;
• was obtained without authorization, including credentials, scraped personal data, or another company's confidential material;
• belongs to a category section 8 tells you not to enter; or
• you would not be entitled to hand to a sub-processor named in section 9.

We may suspend or terminate workspaces that violate these terms or create risk for the service or other users.

5. Your Data & Ownership

You retain ownership of the data you enter (accounts, contacts, jobs, photos, invoices, and similar). Data is isolated per workspace.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, and process that data only as far as needed to operate, maintain, and secure the service; to provide the support you ask for; to prevent abuse; and to comply with law. The licence exists for no other purpose and ends when the data is deleted under section 16, apart from backups running out their window.

We do not train AI models on your data, we do not mine it to build features for other customers, and we do not sell or license it. We may publish aggregated statistics that never identify you, your workspace, or any individual and cannot be reversed to do so.

You may export your data or request deletion of your workspace at any time; some records may be retained where required by law.

6. Content You Upload

Your Content means anything you or your users put into a workspace: records and notes, files, photographs, drawings, documents, logos and branding, message and email text, catalogue and price data, and anything a member of the public submits through a booking, signature, tracking, or kiosk link you publish.

What you promise about it. For everything you put into Momiji: you own it or hold the rights and permissions needed to use it and to have us process it; it does not infringe anyone's rights; you have obtained any consent required from the people it describes; and it does not breach section 4 or section 8.

Indemnity. Claims arising from Your Content, including claims that it infringes or misappropriates someone's rights, are covered by your indemnity in section 26.

We do not monitor, but we may act. We do not review Your Content and have no obligation to do so. We may remove or disable access to content, or suspend a workspace, where we reasonably believe it breaches these terms, exposes us or others to legal risk or harm, or must be removed to comply with law or a valid legal request. Unless notice would be unlawful or would make the harm worse, we will tell you what was removed and why, and give you a route to respond. We take the narrowest step that resolves the problem: content before workspace, and workspace before account, wherever that is possible.

Your users and your customers. You are responsible for content your invited users add and for content the public submits through a link you publish. If you accept public submissions, you must tell those people plainly what you will do with what they send.

Removing content from a workspace does not immediately remove it from backups; those expire under section 16.

7. Feedback & Suggestions

If you send us ideas, suggestions, feature requests, or comments about Momiji, we may use them without restriction, attribution, or payment. Feedback is not confidential and is not Your Content. Do not put anything into feedback that you are not free to share; if you need to show us real workspace data, send it as a support request, where it stays yours under section 5.

8. Data You May Not Put Into Momiji

Momiji is a general business system. It is not contracted or certified for certain regulated categories of information, and entering them creates risk we cannot manage on your behalf. Unless we have agreed otherwise with you in a signed written agreement, do not enter, upload, import, or transmit any of the following into any part of the service, including record notes, files, attachments, AI prompts, messages, email, exports, and integrations:

• Protected health information (PHI) as HIPAA defines it. We do not offer a Business Associate Agreement by default, and without a signed BAA we cannot lawfully act as your business associate. A HIPAA-capable configuration exists in the product; we enable it only for a workspace that has a signed BAA in place.
• Full payment card numbers, magnetic-stripe, chip, or security-code data, other than through the Stripe-hosted payment fields the product provides. Those go to Stripe and are never stored by us.
• Government-issued identification numbers - social security, national insurance, driving licence, passport, or equivalent - beyond any field we specifically provide for one.
• Biometric or genetic identifiers, and precise criminal-history or financial-account data about an individual.
• Information about children below the age described in section 15.
• Anything subject to export control, security classification, or a comparable government restriction.

If your business needs to process one of these categories, write to support@momijisnow.com before you do. If we find a prohibited category in a workspace we may remove it, and we will tell you; where it cannot be removed safely we may suspend the workspace until it can.

9. Privacy & Sub-processors

We collect and store the information you provide and basic usage and security logs to deliver the service. We do not sell your data. For privacy questions or data requests, contact support@momijisnow.com.

We rely on the following sub-processors, each engaged under written terms carrying data-protection obligations no less protective than these. A sub-processor only receives the data needed for the function listed, and only when you use the feature it supports:

• Supabase - hosting, database, authentication, and file storage.
• Stripe - subscription and payment processing.
• Twilio - SMS delivery, where you enable messaging.
• Resend - outbound and inbound email delivery.
• Google (Gemini) and OpenAI - the AI features described in section 19.
• Nango - brokering connections to third-party systems you choose to link, and holding the resulting access tokens.
• Vapi - voice-call handling, where you enable it.

Where you connect a third-party system yourself - an accounting, calendar, storage, phone, or CRM provider - that provider receives the data you direct to it under your agreement with them, not ours. Section 14 sets out the notice you get before we add a sub-processor and how you can object.

10. What We Collect & Why

This is the notice at collection required by California, EEA, and UK law. We collect only these categories, from you, from your users, from people who use links you publish, and from the systems you choose to connect. We do not buy personal information from data brokers.

• Account and workspace information - name, work email, phone, role, organization, and billing contact. Used to create and run your workspace, authenticate you, bill you, and contact you about the service. Legal basis: performance of our contract with you.
• Workspace records you enter - your customers and contacts, jobs, appointments, quotes, invoices, catalogue and inventory, documents, photographs, timesheets, and workforce records. Held on your instructions; the purpose is yours, not ours. Legal basis: our contract with you, and your own basis as controller for the individuals described.
• Communications content - email and SMS sent or received through the product, call metadata where you enable voice, and in-app messages. Used to deliver the feature you asked for and to show its history.
• Usage, device, and security logs - sign-in events, IP address, browser and device type, timestamps, actions taken in the app, and administrative changes. Used to keep the service secure, investigate incidents, meet audit obligations, and fix faults. Legal basis: our legitimate interest in a secure, functioning service.
• Location data - approximate coordinates during working activity, only where a team member turns it on. See section 22. Legal basis: that person's consent together with your instruction as their employer.
• Payment information - plan, amount, status, and the brand and last four digits of a card. Full card details go to Stripe and never reach us. Legal basis: performance of our contract with you.
• Support correspondence - what you send us when you ask for help, used to answer you.

Each category is kept for the period set out in section 16. We do not use any of it for advertising, and we do not profile you across other websites.

11. Cookies & Browser Storage

We do not use advertising or cross-site tracking cookies, and we do not run third-party analytics that profile you across other websites. Momiji stores your sign-in session and interface preferences in your browser's local storage so you stay signed in and your settings persist. Clearing your browser storage signs you out and resets those preferences. Where a workspace enables a stricter compliance mode, browser storage is further restricted and some conveniences are disabled by design.

12. Your Privacy Rights

Depending on where you live, you may have rights to access, correct, export, or delete your personal information, to object to or restrict certain processing, and to be free from discrimination for exercising those rights. We do not sell or share personal information for cross-context behavioural advertising, so there is nothing to opt out of on that basis.

To exercise a right, contact support@momijisnow.com. We will verify your identity before acting and respond within the period required by applicable law. Workspace administrators can already export their data and delete their workspace from within the product without contacting us.

If you are an individual whose information was entered into a workspace by one of our customers - for example a customer contact or a field technician - that business controls the record. Send your request to them; we will act as their processor and support them in responding, and we will pass your request on if you reach us first.

If you are in the EEA or the United Kingdom you may also complain to your local supervisory authority, and if you are in Japan to the Personal Information Protection Commission. We would rather you came to us first, at support@momijisnow.com.

13. International Data Transfers

Momiji is operated from the United States. The sub-processors in section 9 process data in the United States and in other countries where they run infrastructure. If you, or the people described in your records, are outside the United States, your data will be transferred to a country whose law may not give it the same protection as your own.

For transfers from the EEA, the United Kingdom, and Switzerland we rely on the European Commission's Standard Contractual Clauses - Module Two (controller to processor) or Module Three (processor to processor), as the case requires - together with the UK International Data Transfer Addendum and the Swiss adaptations. Those clauses are incorporated into these terms by reference and take effect between you and us when you accept these terms; where they conflict with the rest of this document, they prevail. Where a sub-processor holds a current EU-US Data Privacy Framework certification we may rely on that instead. We carry out a transfer risk assessment where the law requires one.

Japan. Personal information handled through Momiji is transferred to and stored in the United States by the sub-processors named in section 9. Under the Act on the Protection of Personal Information you may ask us for information about that country's data-protection regime and the measures those recipients take; write to support@momijisnow.com and we will provide it. The product records and tracks disclosure, correction, and deletion requests received under the Act so a workspace can answer them within the statutory period.

If we can no longer meet these commitments for a transfer, we will tell you and stop the transfer rather than continue it.

14. Data Processing Terms

This section is our data processing agreement with you. It applies whenever we process personal information on your behalf and, with sections 9, 10, 13, 16, and 17, is intended to satisfy Article 28 of the UK and EU GDPR. If your procurement process needs a separately signed document, write to support@momijisnow.com and we will sign one on these terms.

Roles. For the records in your workspace - your customers, contacts, employees, and the people who use links you publish - you are the controller (or a processor for your own client) and we are your processor. For account, billing, and security-log information we are a controller for the limited purposes in section 10.

Scope. Subject matter: providing the Momiji platform. Duration: your subscription plus the retention window in section 16. Nature and purpose: hosting and operating a field-service and CRM system. Types of personal data: those listed in section 10. Categories of data subject: your staff and contractors, your customers and their contacts, and members of the public who use links you publish.

Our instructions. We process personal information only on your documented instructions, which include these terms, your configuration of the product, and the actions you and your users take in it, unless law requires otherwise - in which case we will tell you first, unless that law forbids it. If we believe an instruction infringes data-protection law, we will tell you.

Confidentiality. Everyone we allow to process your data is bound by a duty of confidence and is given access only to what their role requires.

Security. We apply the measures described in section 17 and will not materially weaken them during your subscription.

Sub-processors. You give general authorization for those listed in section 9. We will give workspace administrators at least thirty (30) days' notice, in the app or by email, before adding or replacing one. You may object on reasonable data-protection grounds within that period; if we cannot offer you a workable alternative, you may terminate the affected part of the service and receive a pro-rata refund of fees paid for the unused term. We remain responsible for a sub-processor's performance of these obligations.

Helping you. Taking into account the nature of the processing, we will assist you with requests from individuals - the export and deletion tools in the product are the first route, and we will help where they are not enough - and with data-protection impact assessments, prior consultations, and your own obligations to keep processing secure.

Breach. We notify you of a personal-data breach affecting your workspace on the timetable in section 17.

Return and deletion. At the end of your subscription you may export your data from the product. We then delete it on the schedule in section 16 unless law requires us to keep it.

Records and audit. We keep records of the processing we carry out for you. On request, and not more than once a year unless a regulator or a breach requires otherwise, we will give you the information reasonably needed to demonstrate compliance with this section, including our security documentation and any third-party report or certification we hold. Where that is genuinely insufficient, you may audit us, or appoint an independent auditor who is not our competitor, on thirty (30) days' notice, in business hours, once a year, without disrupting the service, at your cost and subject to confidentiality.

California. Where the CCPA applies we act as your service provider. We do not sell or share personal information; we do not retain, use, or disclose it for any purpose other than performing this agreement; we do not use it outside our direct business relationship with you; and we do not combine it with information from other sources except as the CCPA permits. We certify that we understand these restrictions and will comply with them.

Priority. On matters of data protection, this section prevails over the rest of these terms.

15. Children's Data

Momiji is a business tool. It is not directed at children, we do not knowingly collect personal information directly from anyone under 13, and accounts require you to be 18 or over. In the EEA and the United Kingdom the relevant threshold is the local age of digital consent, which is between 13 and 16.

If a record in your workspace describes a minor - a member of a customer's household, or a young worker - you are responsible for holding whatever consent or legal basis your jurisdiction requires, and section 8 still applies. If we learn that we hold information collected directly from a child in breach of this section we will delete it; write to support@momijisnow.com if you believe that has happened.

16. Data Retention & Deletion

Each workspace configures its own retention policy, setting a minimum and maximum period per category of record - customer operations, financial records, communications, files, workforce data, security and audit logs, configuration, and credentials - together with what happens when the maximum is reached. We apply those policies rather than holding data indefinitely.

When you delete a workspace we remove its data on the schedule set by that policy, except where a longer period is required by law, by a legal hold, or by our need to keep audit and security records that evidence access to the service. Backups persist for a limited window after deletion and then expire. Records under an active legal hold are preserved until the hold is released, and deletion is refused while one is in force.

17. Security & Breach Notification

We use commercially reasonable technical and organisational measures to protect your data, including workspace isolation enforced in the database, encryption in transit, role-based access, and audit logging of sign-in and administrative activity. No service can promise perfect security.

If we become aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorised disclosure of your data, we will notify the affected workspace without undue delay, and in any event within seventy-two (72) hours of confirming it. The notice will describe what we know, what we are doing, and what we recommend you do. You are responsible for any notification you owe your own customers or a regulator.

18. Copyright & Takedown

We respect intellectual property rights. If you believe material in a Momiji workspace infringes your copyright, send a notice to support@momijisnow.com with the subject line "DMCA Notice" that includes: your signature (physical or electronic); identification of the work you claim is infringed; identification of the material and enough detail for us to locate it; your contact details; a statement that you believe in good faith the use is not authorised; and a statement, under penalty of perjury, that the information is accurate and you are authorised to act for the rights holder.

We will remove or disable access to material we determine to be infringing and may terminate workspaces that repeatedly infringe. If your material was removed and you believe that was a mistake, you may send a counter-notice to the same address.

19. Artificial Intelligence Features

Momiji includes optional AI features - drafting assistance, summaries, suggested content, help answers, and similar. When you use one, the relevant part of your workspace data is sent to our AI sub-processors (Google Gemini and OpenAI) to produce a response. We do not permit those providers to use your data to train their models.

AI output can be wrong. It may be inaccurate, incomplete, or unsuitable for your situation, and it is not professional advice of any kind. You are responsible for reviewing anything an AI feature produces before you rely on it, send it to a customer, or use it in a document that creates an obligation - including quotes, proposals, invoices, and messages. Prices, availability, warranty and financing terms are only those your workspace has configured; AI-assisted presentation does not create or alter them.

You keep ownership of what you put in and of the output you accept, on the same terms as the rest of your data in section 5. Never enter data into an AI feature that section 8 prohibits, or that you are not permitted to disclose to a sub-processor. If your workspace operates under a compliance mode that restricts AI processing, the affected features are unavailable rather than degraded.

AI features may change, be limited by usage caps on your plan, or be withdrawn. We do not guarantee any particular output, availability, or result.

20. Messaging (SMS) Consent

If you enable SMS, you confirm you have the legal right to contact the numbers you message and that recipients have given the consent required by applicable law. Standard message and data rates may apply. Recipients can reply STOP to opt out and START to resume where supported. You are responsible for the messaging, privacy, telecommunications, and carrier rules that apply in every recipient's jurisdiction.

21. Calls & Recording

Where you enable voice features, calls are placed or received through our voice sub-processor and the details the feature keeps - numbers, direction, time, and duration - are stored in your workspace.

If you turn on call recording or transcription, or connect a phone system that records, you are responsible for obtaining the consent the law requires from everyone on the call. Several jurisdictions require every party to consent before a call is recorded, and announcing the recording at the start of the call is the usual way to meet that. We do not enable recording for you and we do not police your announcements. Recordings and transcripts held in your workspace are Your Content under section 6 and are retained under section 16.

22. Location Data

If a team member enables location sharing, their device reports approximate GPS coordinates while working so authorized coordinators can manage assigned activities. Location is used only for workspace operations, is not sold or shared externally, and can be disabled on the device.

23. Electronic Signatures & Records

Momiji can send a document for electronic signature and can capture a signature on a device in the field. By signing electronically you agree that your signature has the same legal effect as a handwritten one, and that an electronic record of it may be kept as evidence - the signer's name, the time, and the network address the signature came from.

To sign or receive an electronic record you need a current web browser, an internet connection, and a way to view and keep a PDF. You may withdraw consent to sign electronically at any time before you sign, at no cost, and ask the business that sent the document for a paper copy or another method; withdrawing after signing does not undo a signature already given. You may also ask that business for a copy of anything you signed.

The business that sent you the document, not Momiji, is the party to it. We provide the signing mechanism and store the record on that business's behalf.

24. Payments

Card payments are processed by Stripe under its terms; Momiji does not store full card numbers. You authorize recurring charges for the plan you select. Subscription and invoice charges are non-refundable except where required by law.

25. Warranties & Disclaimers

The service is provided "as is" and "as available" without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the service will be uninterrupted, timely, secure, or error-free, or that it will meet your requirements.

Momiji is a coordination tool, not an operational authority. Scheduling, routing and dispatch suggestions, AI-generated output, weather overlays, and mapping and location data are provided for planning convenience and may be incomplete, delayed, or inaccurate. Decisions about whether, when, and how work is performed, including decisions affecting safety, property, and legal compliance, remain yours. Third-party services you connect are governed by their own terms, and we do not warrant their availability, accuracy, or output.

26. Indemnification

Your indemnity. You will defend, indemnify, and hold harmless Momiji LLC and its officers, employees, and agents from any third-party claim, demand, proceeding, loss, or expense (including reasonable legal fees) arising out of or relating to: (i) the data and content you put into the service, which includes all of Your Content as section 6 defines it; (ii) your use of the service in breach of these terms or of any law; (iii) messages, calls, or other communications sent through the service, including any claim under telephone, messaging, recording, or anti-spam law; (iv) your collection or use of personal information, including the location data of your workers; (v) the work you actually perform for your customers and any injury, damage, or loss arising from it; and (vi) any claim that your data or content infringes or misappropriates another party's rights.

Our indemnity. We will defend you against a third-party claim alleging that the service, as provided by us and used in accordance with these terms, infringes that party's intellectual property rights, and we will pay the damages finally awarded or agreed in settlement. This does not apply to a claim arising from your data or content, from combining the service with anything we did not supply, from modifications not made by us, or from use of the service in breach of these terms. If the service becomes, or we believe it may become, the subject of such a claim, we may procure the right for you to continue using it, modify it so it is no longer infringing, or terminate the affected subscription and refund any prepaid, unused fees.

Procedure. The party seeking indemnity must promptly notify the other of the claim, give it sole control of the defense and settlement, and provide reasonable cooperation. Delay in notice relieves the indemnifying party only to the extent it is prejudiced by that delay. Neither party may settle a claim in a way that imposes liability or an admission of fault on the other without that party's written consent.

27. Limitation of Liability

Excluded damages. To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost or corrupted data, loss of goodwill, business interruption, or the cost of substitute services, even if we have been advised that such damages are possible.

Cap. Our total aggregate liability arising out of or relating to these terms or the service will not exceed the greater of (i) the fees you paid us in the twelve (12) months before the event giving rise to the claim, or (ii) one hundred US dollars ($100).

What these limits do not cover. Nothing above limits your obligation to pay fees owed, your indemnity obligations under section 26, either party's liability for fraud, gross negligence, or willful misconduct, liability for death or personal injury caused by a party's negligence, or any other liability that cannot be limited or excluded under applicable law. Our indemnity obligation under section 26 is subject to the cap above.

Allocation of risk. These limits apply even if a limited remedy fails of its essential purpose. They reflect an agreed allocation of risk between us that forms a basis of the bargain, and our pricing is set on that basis.

Local law. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so parts of this section and section 25 may not apply to you. Where that is so, our liability is limited to the smallest extent permitted by law.

Time to bring a claim. Any claim arising out of or relating to these terms or the service must be brought within one (1) year after the claim arose, unless applicable law requires a longer period.

28. Changes & Termination

We may update these terms; material changes will be reflected by a new effective date and, where appropriate, in-app notice - continued use constitutes acceptance. Either party may terminate as described above. Questions or notices: support@momijisnow.com.

29. Governing Law & Venue

Governing law. These terms, and any dispute arising out of or relating to them or to the service, are governed by the laws of the State of California, USA, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

Arbitration is governed by federal law. The Federal Arbitration Act governs the interpretation and enforcement of section 30, including whether a dispute is subject to arbitration.

Venue. For any claim that is not subject to arbitration - because it falls within an exception in section 30, because you opted out, or because that section is held unenforceable - you and Momiji LLC submit to the exclusive jurisdiction of the state and federal courts located in California, USA. Each party consents to personal jurisdiction there and waives any objection based on inconvenient forum. This does not affect either party's right to bring an individual claim in small-claims court where it is otherwise permitted.

Where local law protects you. If you use Momiji as a consumer, or from a jurisdiction whose law gives you protections that cannot be waived by agreement, nothing in this section deprives you of those protections or of the right to bring proceedings in your local courts where that right cannot be excluded.

30. Dispute Resolution & Arbitration

Please read this section carefully. It affects how disputes between us are resolved.

Informal resolution first. Before starting a formal proceeding, you agree to contact us at support@momijisnow.com describing the dispute and the relief you want, and to allow sixty (60) days for us to resolve it informally. We will do the same before bringing a claim against you.

Binding arbitration. If the dispute is not resolved informally, you and Momiji LLC agree that any dispute arising out of or relating to these terms or the service will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court. Arbitration will take place in the county where you reside or another mutually agreed location, and may be conducted by telephone, video, or written submissions where the rules allow. The arbitrator's decision may be entered as a judgment in any court with jurisdiction.

Class-action waiver. Claims may be brought only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over a class proceeding. If this waiver is found unenforceable as to a particular claim, that claim proceeds in court and the rest of this section still applies to all other claims.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or prevent unauthorized access to the service. Nothing here prevents you from reporting a matter to a government agency.

Your right to opt out. You may opt out of this arbitration section by emailing support@momijisnow.com with your workspace name and the words "arbitration opt-out" within thirty (30) days of first accepting these terms. Opting out does not affect any other part of these terms, and we will not treat it as a reason to refuse or terminate service.